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Home My WebLink About#3917-variances-1997 , , - .." -.,� � O� . O O b - C ITY of ORONO � � �i G'� RESOLUTION OF THE CITY COUNCIL �9kESH04�' NO. e� � �. "r '� A R�SOLUTION GRAN�'ING VARIANCES T�O MUNICIPAL ZONING CODE SECTIOI�' 10.28, SUBDIVISION 5 FILE 1\'�. 2242 iVHEREA.S, Wayne A. Johnson (hereinafter "the applicant") is the owner of the property located at 1225 Lakeview Avenue within the City of Orono (hereinafter "the City") and leg�.11y described as follows: Lots 14, 15, and 16, Block 1, Max�veli's Addition to Crystai Bay, Hennepin County, 1�linnesota (hereinafter "the property"); and V4'HER�AS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 to ailow a 569.88 sq. ft. garage addition to an existing residence. A variance of 15.94' is required for a front yard setback where 34.06' is existing and 50' is required. NOZ�, �'HEREF�RE, BE IT I�ESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2242. 2. The property is located in tne R�t-1B �Jne Family Rural Residential Zoning District where the minimum lot area required is two acres. 3. The Orono P1an�Lng Commission reviewed th'is application on �une 16, 1997 and recommended approval of ihe proposed variance based upon the fo:lowi�ig unique fir�u'ings and hardslups: A. T11e zoning lot is .469 acres and does nat meet ihe lot area or lot width requi�ements. Pag� 1 cf 4 , .,�-- .— � O _ Y O O ,. CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��'`q.t�'E p4��'G N O. e� .� � � SI3 B. The existing residence does not meet front and side yard setback requirements. The residence is 34.06' from the front properry line. C. The proposed addition will not further encroach into the front yard than the existing residence. D. The topography of the zoning lot slopes down towazds the existing garage. 4. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or di�culty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spuit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the fmdings and recommenda.tions of the Planning Commission, reports by City stafF, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, O�D��t AND CONDITION� Based upon one or more of the above findings, the Orono City Council hereby grants a variance to reduce the required front yard from 50' to 34.06' where 34.06' is existing per Municipal Zoning Code Section 10.28, Subdivision 5 to permit a 569.88 sq. ft. garage addition to an existing residence, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this.variance will expire on that date (June 23, 1998). Page 2 of 4 _* ^ � O� � � RONO CITY of 4 b A- � ~ "�',� Gti RESOLUTION OF THE CITY COUNCIL �`�kESI-I�g'� NO. :'�,�1�_�___— 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3, The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of June, 1997. ATTEST: . -- �. Dorot y M � llin, City ler Gabriel abbour, Mayor � � ��'i<,�n,tp �Ivk-�1 Properry Owner (s) � STATE OF MINNESOTA ) � SS. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of June, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal.corporation and said instnament was executed on behalf of the City. JpMIE L.GEMAR , �� Q SMt� � yy�� .� ♦ I . . . NOT HENN�UN7YM `��'�'' eyyMw �� w�,w.w1��i(�w�`�•�� Not ` ublic . �/�IIIYIP Page 3 of 4 � � .- - � O� ' O O . � ti CITY of ORONO '� RESOLUTION OF THE CITY COUNCIL �i`4k',E p4��'� NO. e� �' 1.'7 �K SH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �7 day of__, tt,�c�-- , 199�_, before me a Notary Public within and for said County,pe • ally appeared � � �t,� known to me to be the person(s) described in and who exe ted th' oregoing uistxum�nt, and acknowledged that he (they) executed the same as his (their) free act and deed. , " �IE L GEMAR �''�� ;�,,• . i �nu..�� . . . arr�ur,�� Notary 1' 1 ' •' HBVN�IN(�UNTY •... My Commtss(on 6�(res Jan.31,20pp STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this s "��' day of ,j�r�c , 199 � , before me a Notary Public withinand for said County,personally appeared,��-,� /�'3�r�t� �arn hu i�� S:�`�� known to me to be the person(s) described in and who executed the foregoing uistrument, and acknowledged that he (they) executed the same as his (their) free act and deed. - �/ 1!%Zc'�� /--�-�� . ...�. LINDA S.VEE Notary Public :`„;�� NOTARYPUBU�'��NNESO . :,��;Y,�.'�. � HENNEP�N COUNTY °��.' My Commission ExDires J2n.31,2000 r `r�w�� Page 4 of 4