HomeMy WebLinkAbout#2884-variance-1990 b�".� r�
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' � Clt� of ORONO
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RESOLUTION OF THE CITY COUNCIL
� N0. 2884
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: A RSSOLDTION GRANTING
AN AgTgR-THS-FACT A VARIANC$ TO
MiJNICIPAI� ZONING COD$
SECTION 10.03, SIIBDNISION 12
FII.$ #1587
WHEREAS, Ruby L. Siford (hereinafter "the applicant") is the
owner of the property Zocated at 96� Hackberry Hil.l within the City of
Orono (hereinafter "City") and I.egall.y described as that part of Lots
3 and 4 lying northerly of the southerl.y 97.50' thereof, Block 3,
Daniel.s Long Lake Heights, Hennepin County, Minnesota (hereinafter
"the property") ; and
WHEREAS, the applicant has appiied to the City for an after-
the-fact variance to Municipal Zoning Code Section 10.03, Subdivision
12 to permit a deck constructed to the rear or east side of the
existing house structure located 5' from a detached garage instead of
the required 10'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This appiication was reviewed as Zoning Fi�e #1587 .
2. The property is located in the RR-1B Rura1 Residential Zoning
District.
3. The Orono PXanning Commission reviewed this app�ication on
Segtember 17, 1990 and recommended approvaX of the proposed
after-the-fact variance based upon the fo�lowing findings:
a) The City has received no negative comments from the
affected property owners notified for this review.
b ) The substandard separation setback is between an
enclosed structure and an open deck structure. The open
deck structure wi13. present I.ess of a fire hazard than an
encl.osed structure.
4. The City Councix finds that the conditions existing on this
property are peculiar to it and do not appl.y generally to other
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� Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2884
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property in this zoning district; that granting the variance
would not adversel.y affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; woul.d
not merel.y serve as a convenience to the applicant, but is
necessary to a3.I.eviate a demonstrable hardship or difficul.ty; is
necessary to preserve a substantial property right of the
' applicant; and woul.d be in keeping with the spirit and intent of
� the Zoning Code and Comprehensive Pian of the City.
' 5. The City Council has considered this application including
a the findings and recommendations of the Pl.anning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the hea�.th, safety and welfare of the
community.
CONCLUSIONS, ORD$R AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants an after-the-fact variance to Municipal Zoning
Code Section 10.03, Subdivision 12 to permit a deck constructed to the
east or rear side of the existing house structure I.ocated 5' from a
detached garage rather than the required 10' separation, subject to
the fol.�owing conditions:
l. App I icant sha I.I. submit f uY 1 payment f or an af ter-the-f act
variance appXication. Upon application for a buiZding permit,
the appl.icant shaZx pay a pena�.ty fee.
2. The Orono Buil.ding Department is asked to consider both the
shed and deck in the application of the fire code as it relates
to firewaxJ. construction within existing detached garage.
3. Authorities granted by this variance run with the property
not with the applicant, but are permissive onl.y and must be
exercised by appXication for a building permit by October 29,
1990.
4. Vio3.ation of or non-compliance with any of the terms and
conditions of this variance sha�� constitute a violation of the
zoning code, shal.I. automatical.I.y terminate any authority granted
herein, and sha1l. be punishable as a misdemeanor.
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: pK c�t o� oR,oNo
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RESOLUTION OF THE CITY COUNCIL
� NO. 2884
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6. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of herself,
her heirs, successors and assigns, hereby agrees to the recording
of this reso3.ution in the chain of title of the property.
I
. Adopted by the Orono City Council on this 8th day of
Oct ber, 1990.
AT E T:
. ��2�� / ���-t�`C��
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Th esa . aab, eputy Clerk dward J. `aZlahan, Jr.�`eting Mayor
Dorothy . Hallin, City Clerk
Pr per y Owner s )
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowl.edged before me on this
8th day of October, 1990, by Edward J. Ca1.lahan, Jr. & Theresa L.
Naab, Acting Mayor & Deputy C1erk of the City of Orono, a Minnesota
municipaX corporation and said instrument was executed on behal.f of
the City.
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� Ep�N COUNT1f Notary PubZic
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My Commission Expires
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THERESA L. NAAB
� N07ARY PUBLIC- MINNESOTA
HENNEPIN COUNTY
�,�y comrnisalon expiras 9-8-s2
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' � �� �z�-� ' RESOLUTION OF THE CITY COUNCIL
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.a... : �;��;� NO. 2A�4
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. STATE OF MINNESOTA )
) ss.
COIINTY OF HENNEPIN )
On this ��� day of ��,. > �' � , 19 9�
before me a.� Notary Public within and for said county, personally
appeared � � - � r-1 So � .J c� < � known to me to be
t h e p e r s o n( s )� descri�ed �in and who executed the foregoing
instrument, and acknowledged that he (�hey) execu te d t he s a m e a s
his (their) free act anc deed.
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� `� /%�."„1-�1-- ` 1 '�-(ti/,L��
NOTAR`_' PUBLIC �
� �>�'`-�-5;:'�' THERESA L. NAAB (
Y` -�,�r,:'t�; NOTARY PUBUC - Mlt�t�ESOTA �
� �, `~`�,_=.,�; HENNEPIN COUNTY
� s. My commission exp� ;; 9-6-92
MY COMMISSION �XPIRES
STATE OF MINNESOTA )
)ss . '
COUNTY OF HENNEPiN )
On this day oi , 199 , before me
a Notary Public wi�:'�in and ror said Coknow�n ptosomell o abeedthe
person(s ) described in and who executed the �oregoing instrument,
and acknowledged that he (they) executed tne same as his
(their) free ac� and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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