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Home My WebLink About#3969-variances-1997 � . �� O O �:b. - CITY of ORONO � � �n�� yt y'� '� RESOLUTION OF THE CITY COUNCIL �L�kESH�4�� NO. � � A -� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL Z0�1ING CODE SECTION 10.03, SUBD. 14(C) AND SECTION 10.25, SUBD. 6(B) FILE #2285 `VHEREAS, John Latterelle (hereinafter "the applicant") is the owner of the property lo..ated at 3505 Livingston Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot l, Block 4, Navarre Heights (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subd. 14(C) and Section 10.25, Subd. 6(B) to allow a 10' by 20' deck addition with a 4' wide landing and stairs encroaching 9.8' into the required front setback of 30' and raising the percentage of structural coveraae on the property to 25.6% where 22% is existing and 15% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIIV'DINGS 1. This application was reviewed as Zoning File #2285. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 6,725 s.f. or .15 acres. 3. The Orono Planning Commission reviewed this application on September 15, 1997 and recommended approval of the proposed variances based upon the following findings: A. The subject property does not meet lot width or area requirements. Page 1 of 5 . _ � . O � � O O ' , CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`�kEsxo�'�� No. � 9 f 9 B. There is only one means of egress from the existing residence for means of fire escape at the present time. 4. The City Council finds that the conditions existing on this property aze 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. 5. 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 14(C) and Section 10.25, Subdivision 6(B) to permit construction of a 10' by 20' deck with an additional 4' wide landing and stairs as shown on Exhibit A. Approval was subject to the following conditions: 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 within one year of the date of Council approval, or this-�ariance will expire on that date (September 22, 1998). 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. Page 2 of 5 � . � O ' V O O ' ��,. - CITY of ORONO � ' F '�' RESOLUTION OF THE CITY COUNCIL ��9kESH�4�'G NO. � � s 9 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 properiy. Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 22nd day of September, 1997. ATTEST: � . �.A, l/ � _ � v�' ��Fity Clerk Gab 1 Jabbour, Mayo , ti operty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument wa�.s a� wledged before e on this 22nd day of September, 1997 by Gabriel Jabbour and � � ' , Mayor an�ity Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , ,-,'.'; , CAROIE A HASEMAN �. � Y NOTARY P�g��NNE$pTA � ��-��-.' H�INEPINCOUNTY Notary Public `.•�`•• My Cammtulon 1 �P�es,lan.31.2000 Page 3 of 5 . � � O ' V O O _ , CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`�kESII�g'�G NO. eg 9 6 � STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this �day of �-{ ,.rc i� , 1998 before me a Notary Public within and for said county, personally appeared _�„ � rPll �.�r;��l. 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. �� CAROIE A HASEMAN 9� �. .• ' ` NOT{WY PUBIIC-MINNESOTA � ;�"�:-,: HB�NEPIN COUNTY �p p � ,�,��r��.,� -,.•••• My CamMSsion b�ires Jan.31,2�100 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this��[day of • , 199�before me a Notary Public within and for said county, personally ap eared �„ I�. L� �e n�1 Ir} n,a.rr�e.c� 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, ` - - .'�� CAROL ��h •-�i , U .�� ..�-� �..,, E A HASEMAN NOTARY PUBLIC ' �� •� � NOTARYp�Jg��_MINNESOtA ' '.� ` `w HENNEPIN COUWTY •• �'�Y Car�tission ExD�res J2n.31,20pp � Page 4 of 5 . � ' � M LIVINGSTON AVENUE M � �� - s as�ss� �� w `� 9 6 9 � so.00 � , . N i 35 N � N N 1 � M M ZO � - l0.7-- ' O o � � I s.1'- � �- � _.�_t�z--- .. 28.3 w W � � � � � O � W � _ � � � t � � Q � z � GJ W � � � � � � w N � N � � 0 o a o � > � ze.� �s.s � ¢ N -,y --------- . z � � �� I � L� � 1 �O�' 35___ p5�� 50.00 N 89°59' 34" E .� �� _� � t_�_� � -? LEGAL DESCR�TION OF PREMtSES: " Lot 1. Bloc�c 4, Navarre Heights. � � This survey intends to §how the ba�daries of the above descr'ibed property, and the location of an existing house thereon. {t does �o{ purport to show any other irr�prove— ments or e�croachments. . • : Iron marker found Beai-ings sfiovm are based upon an assumed datum.