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� p'�' / RESOLUTION OF THE CITY COUNCIL �
��kESH�g'� � NO. 318 2
A RESOLDTION GRANTING r
GRANTING A CONDITIONAL IISE PERMIT PER
MIINICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 10 AND
A VARIANCE TO
SECTION 10.03, SIIBDIVISION 9 (E)
FILE #1748
WHEREAS, Robert Hovland (herein t��- '�the �gplicant'_)
is the owner of the property located at 12�5 North Arm Drive . `
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within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 2 , Block 4 , Saga Hill Revised, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City
of Orono for a conditional use permit to permit the installation
of an accessory structure on a through lot per Municipal Zoning
Code Section 10.03, Subd. 10 and a variance to Section 10.03,
Subd. 9 (E ) that would allow the 900 s.f. structure to be placed
13 ' from the north side lot line instead of the required 15 ' .
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1748.
2 . The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District requiring one
acre in area. The property consists of 11,767 s.f. or
.27 acres in area.
3 . On September 14 , 1992 the Orvno City Council reviewed
the application as amended and conceptually approved
the conditional use permit and variance application,
based on the following findings and hardships:
A. The lot measures 53' in width at the required rear
yard setback of 35' . If total required side
setback area of 30' is to be met, the width of the
structure would be limited to 23'.
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��a - CITY of ORONO
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��� �G'�'� RESOLUTION OF THE CITY COUNCI�
�kESH�g' NO. 318 2
B. There are no adjacent lands available for
purchase.
C. Placing widest portion of structure in an
east/west direction has minimized tree removal and
the saving of mature trees within the rear yard
maintaining a natural visual buffer from adjacent
yards.
D. The lower elevations to the rear or west side of
the lot and the house locations along North Arm
Drive minimize impact of setback on the adjacent
properties.
E. Applicant has confirmed special storage needs for
� property consisting of two large collector cars
and a 21' boat.
4. 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 variance would not adversely affect
traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties; would not
merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in
keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5 . The City Council finds that granting a conditional use
permit to allow construction of a 25' x 36'detached
garage will not be detrimental to the health, safety or
general welfare of the public, would not adversely
affect light, air nor pose a fire hazard or other
danger to neighboring properties , nor will it
depreciate surrounding property values and that the
proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning
Code and Comprehensive Plan of the City.
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� - CITY of ORONO
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�� G�'� RESOLUTION OF THE CITY COUNCII
��kESH�g'� NO. 318 2
CONCLDSIONS, ORDffit AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit per Municipal
Zoning Code Section 10.03, Subdivision 10 and a variance to
Section 10.03, Subdivision 9 (E) that would approve an accessory
structure to be placed in the street rear yard of the property
that will conform to all required setbacks except to the north
side lot line to be located 13' instead of the required 15' ,
subject to the following conditions:
1. Upon application for a building permit, applicant shal 1
provide an updated survey locating detached structure
at 25' x 36' located 35' from rear street yard, 15'
from south lot line and 13' from north side lot line.
2. Applicant must obtain a demolition permit for the
removal of the existing accessory structure.
3. Authorities granted by this resolution 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/conditional use permit wil 1
expire on that date (September 28, 1993).
4. Violation of or non-compliance with any of the terms
and conditions of this resolution shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and sha 11 be
punishable as a misdemeanor.
5. 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.
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�� ��b�� C ITY of ORONO
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�� �'�' RESOLUTION OF THE CITY COUNCIL
��kESHOg'� NO. 318 2
Adopted by the Orono City Council on this 28th day of
September, 1992.
ATTEST:
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� ��.�..� - �e-��'U�
Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 28th day of September 1992, by Barbara A. Peterson & Dorothy
M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
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���a - CITY of ORONO
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��� �G'�'� RESOIUTION OF THE CITY COUNCIL
9kESHOg' NO. 318 2
STATE OF MINNESOTA )
) ss.
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
STATE OF MINNESOTA )
) ss.
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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RESOLUTION #3182
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , i�linnesota , do hereby certify that I have compared the
fore�going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on September 28, 1992 , 19 92 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
, In Witness Whereof , I have hereunto set my hand and seal this
30th , day of September , 1992
�
orothy ^. Hallin, City Clerk �
(SEAL) �