HomeMy WebLinkAbout#4103-variance-1998W MW
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z CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
\��kESH0 NO. 4 U e�
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 15 (C) AND (D)
FILE NO. 42378
WHEREAS, William Z. and Lisa J. Mernik, (hereinafter "the applicants") are
the owners of the property located at 1840 Lakeview Terrace within the City of Orono
(hereinafter "the City") and legally described as follows:
Lot 5, Block 1, "Long Lake Country Club Addition, Henmepin County, ivN"
(hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Comroissio:i
held a public hearing on June 15, 1998, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subd. 15 (C) and (D) to permit the construction of a fence in the
side and rear yards of a through lot to be 4 ft. in height where 3.5' is allowed.
Minnesota:
NOW, THEREFORE, BE IT -RESOLVED by the City Council of Orono,
FINDINGS
1. This application .was reviewed as Zoning File 42378.
2. The property is located in the LR -1A, One Family Lakeshore Residential Zoning
District where 2 acres is the minimum lot area. The property consists of .994
acres or 43,328 sq. ft.
3. The Orono Planning Commission reviewed this application on June 15, 1998 and
recommended approval by a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. The subject lot does not meet lot area requirements.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 10 3 rm
B. The lot is a through lot with the house facing Lakeview Terrace and the
rear of the property adjacent to Sixth Avenue North, also known as
County Road 6.
C. There is mature landscaping and trees along County Road 6.
D. The proposed fence will not create a tunnel effect along County Road 6
nor impact the view from the rear of adjacent properties.
5. The City Council finds 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 variances 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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.03, Subdivision 15 (C) and (D) to
permit construction of a fence in the side and rear yard of a through lot where 3.5' in fence
height is allowed and 4' is proposed.
1. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit wi+him one year of the date of Council approval, or this variance
will expire on that date (June 22, 1999).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
m.
NO. 4103
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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree 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 22nd day of June, 1998.
ATTEST:
Lida S. Vee, City Clerk
Property 010
er (s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
abbour, Mayor
The foregoing instrument was acknowledged before me on this 22nd day of June,
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
'"• JAMIE L. GEMAR Noo Public
NOTARY PUBLIC -MINNESOTA
s ' ' HENNEPIN COUNTY
• •• My Conmdssion EVims ,tae. 31,200D
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STATE OF MINNESOTA )
AW "ft.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. d4 0 3 -.
) ss.
COUNTY OF HENNEPIN )
On this day of 11CX16,11 199,' before me a Notary Public within
and for said county, personally ap ed Z
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L. GEMAR
• NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
� I,� NOT PUBLIC
My Commission Expires Jan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this A,5JA day of 199q
and for said county, personally appeared
known to me to be the person(s) descri a in and o exec
acknowledged that he (they) executed the same as his (their)
--- MM8808810DII,
Is
JAMIE L. GEMAR
NOTARY PUBIC -MINNESOTA
HENNEPIN COUNTY My Commission Expires Jan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of
and for said county personally appeared
before me a Notary
free act and deed.
vW 62T, M, YAi
J:
199 before me a Notary Public within
knom n to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
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