HomeMy WebLinkAbout#4181-variance-1998 . r..
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�� T �,'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE NO. #2423
WHEREAS, Gara Gehring and Tom Terry (hereinafter "the applicants") are the
owners of the property located at 340 Leaf Street within the City of Orono (hereinafter "the
City") and le�ally described as follo�vs:
Lot 28, "Auditor's Subdivision Number 230, Hennepin County, MN" (hereinafter
"the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statues and the City of Orono Zoning and Planning Codes, the Orono Plannin� Commission
held a public hearing on October 19, 1998, at which times all persons desiring to be heard
concernin� this application were given the opportunity to speak thereon; and
`VHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit a covered porch located 22' from the
front lot line where 50' is required.
1VO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was revie�ved as Zoning File #2423.
2. The property is located in the RR-1 B Zoning District, where 2 acres or 87,120
sq. ft. is the minimum lot area. The property consists of .62 acre or 27,388 sq.
ft.
3. The Orono Planning Commission revie�ved this application on October 19, 1998
and recommended approval by a vote of 5 to 0.
�. The Planning Commission made the follo�vin� findings of fact:
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A. The residence �vas constructed on the lot prior to current zoning
standards.
B. The residence is located 21.5' from the front lot line. The proposed
porch would be 22' from the front lot line.
C. The covered porch would replace an existing porch.
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 �ti�ould 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 w�ould 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 ZoninQ Code Section 10.28, Subdivision 5 (B) to permit a
covered porch located 22' from the front lot line w-here 50' is required. 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 eYercised by application for a
building permit �vithin one year of the date of Council approval, or this variance
w•ill eYpire on that date (October 26, 1999).
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.
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,. The undersigned applicants have read, understood and hereby aaree 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
meetina held on the 26th day of October, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
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Pr rty O� r (s) �
TA E O INN OTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument �vas acknowledged before me on this 26th day of
October, 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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.. ��"�;:•.. CF,ROLE A.HASEMAN � �,��i�' ,/-- ���n-�2.�-J
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� y HENNEPIN COUNTY Notary Public
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�� �G'�' RESOLUTION OF�THIE C�IT��Y COUNCIL
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this� day of tob4�• , 199� before me a Notary Public within
and for said county, personally appeared ' � r ` �e�
known to me to be the person(s) described in and who e cuted the foreaoing instrumen , and
acknowledged that he (they) executed the same as his (their) free act and deed.
�`c`� �, CAROIE A HASEMAN
;: �:F:,�:�.�c�� NOTARY PUBUC-MINNESOTA
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� =-:�'-�:°���`•=�= �=''`""� NOTARY PUBLIC
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this j�day of /l���i�r»b P�- _, 199� before me a Notary Public �vithin and
for said county, personally appeazed 7-� �P r��n �
known to me to be the person(s) described in an who esecuted the foreaoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
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