HomeMy WebLinkAbout#4065-variance-1998 � + �
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'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MIJNICIPAL ZOlVING CODE
SECTION 10.56 SUBD. 16 (2) and (3)
FILE NO. #2325
WHEREAS, John and Cindy Olson (hereinafter "the applicants") are the owners
of the property located at 950 North Arm Drive within the City of Orono (hereinafter "the
City") and legally described as follo�vs:
Lot 11, Block 1, "Pirates Cove, Hennepin County, MN" (hereinafter "the
- property"); and
`VHEREAS, the applicants have applied to the City far a variance to Municipal
Zonin� Code Section 10.56, Subd. 16 (2) and (3) to allow replacement of an upper deck with
a screened porch underneath that encroaches in the required 30' top of bluff setback where a
variance for bluff setback is required. �
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was review�ed as Zoning File #2325.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring 1 acre in area.
3. The Orono Plannin� Commission reviewed this application on April 20, 1998
and recommended approval of the proposed variances based upon the following
findings:
A. The lot meets lot area, lot width, and yard setback requirements.
B. The e�cisting residence �vas constructed before the shoreland management
regulations that require a 30' setback from the top of bluff.
C. The entire residence is located in the required bluff setback area.
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C. The entire residence is located in the required bluff setback area.
D. The allowed building pad is restricted by the street setback and the top
of the bluff.
E. The proposed upper deck is to replace a previous deck.
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 zonir.g 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 �e 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 a top of the bluff setback variance per Municipal Zoning Code Section 10.56, Subd. 16
(2) and (3) to permit construetion of an upper deck and screen porch underneath as proposed
in Exhibit A, subject to the following conditions:
1. The proposed deck and screened porch under the deck shall not be con��erted to
enclosed living azea.
2. 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 pernut within one year of the date of Council approval, or this variance
will expire on that date (April 27, 1999).
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3. 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.
4. 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 properry.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 27th day of April, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabriel bbour, Mayor
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rope wner (s)
ST E OF MINNESOTA )
) ss.
COUNTY OF HENNEPiN )
The foregoing instnunent was acknowledged before me on this 27th day of April,
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.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this�a�L day of �-1 c r e /� , 199 9 before me a Notary Public within and
for said county, personally appeared-3�t�{,n J I�n at �:�,�/ 01�� h���,1�,.,�1� ,��,�t.
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledaed that he (they) executed the same as his (their) free act and deed.
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S'.y�`�`�`" My Commission Expires Jan.31.200�1 �
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STATE OF MINNESOTA ) .
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COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within and
for said county, personally appeared
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.
NOTARY PUBLIC
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