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Home My WebLink AboutResolution 4293 • O 4 .41 (70 , O ...J �,0. CITY of ORONO t,„ ,. ''1 ›., "� _ i1 G~ � ,i, RESOLUTION OF THE CITY COUNCIL 4<4 1 ) NO. 4293 \kESHo A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE #2483 WHEREAS, Trent A. Rezabek (hereinafter "the applicant") is owner of the property located at 3200 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 14, Auditor's Subdivision #203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 17, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit construction of an 8'x12' entryway addition to his existing residence. The addition will be located less than the required 50' setback from the front street lot line. NOW, 'THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2483. 2. The property is located in the LR-1A Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 1.1 acres or 49,005 s.f. TRANSFER ENTERED HENNEPtN COUNTY TAXPAYER SERVICE'S Page 1 of 4 • SEP 151999 ` - ... B '-/ •ate/ DEPUTY 4v 0 .141. 7O , O -, t,10 CITY of ORONO t;;1-• t.4l. G'7 RESOLUTION OF THE CITY COUNCIL ��9 ,� • � 4�' NO. 4293 'IES140 3. The Planning Commission reviewed this application on May 17, 1999 and recommended approval on a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The existing residence is located entirely within the required front and side street setbacks and any addition to the existing residence requires a variance. B. The existing residence is unusually close to the front and side street lot lines, which is unusual for properties in the LR-1A Zoning District. 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 variance 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 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 10.23, Subdivision 6 (B) to permit construction of an entryway addition to the existing residence which will be located 18.4' from the front lot line where a 50' front setback is normally required. Approval was subject to the following conditions: Page 2 of 4 ty_ ` V O '''.;...4 tie't p. CITY of ORONO �,� i14I�l G�ti RESOLUTION OF THE CITY COUNCIL �9kESI1�� NO. 4 2 1 3 x 1. Authorities granted by this variance 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 will expire on that date (May 24, 2000). 2. 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 shall be punishable as a misdemeanor. 3. 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. Adopted by the Orono City Council on this 24th day of May, 1999. T .,,, ATTEST . oh (/60, ----------. _--•--7--..,....._._..-•-_..-.._..,,z:-.........____...,.._:-. .... ........._,..---N,....,,,,,,,,,,,, Linda S.:V1 4 t ee, City Clerk Gab 1 Jabbour, Mayor !� _ ( Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of May, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. MARY ANN JOHNSON Notary P lic NOTARY PUBLIC-MINNESOTA , .'/2/4 atif)",-14.d,07i_ Ut My Commission Expires Jan.31,2000 Page 3 of 4 .4, o 4i / O O _-.��: ,�. CITY of ORONO 11i71- 4 IA I 3, ��%9171 G~ RESOLUTION OF THE CITY COUNCIL �9t5 NO. 42 9 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this r'N day of ^ti , 199 before me a Notary Public within and for said county, personally appeared -, - ,,-i / kc i,,..,K, i,.,c i r,r-ci 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. r.-,- CA.ROLE A.HA�Fr`AN c�ti- NGTF'.PY FUPIN CO v1,\ G.COL)-6.----/Le •;,C`` ,r 4,: YENI�!f_FIA'CI,JiITY It L�'f�`�e`� '' \ My Commission Er i<<,.s 17 31,2001 r, NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this "7t-i) day of U y /y , 199_1 before me a Notary Public within and for said county, personally appeared 5 + 4.c. E y Pe z c b e , 0) ,e,-, e ,?' 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. .! 7Tavi,_, am.e),M),t ,t_ , MARY ANNJNESOa :0144: NOTARY PUBLIC� �-�, 4: NOTARY PUBLIC-MIMINNESGTA ,„,. My Commission Expires Jan.31,2000 1 Page 4 of 4 • b-C) • • C. 11 to , s'1 ;,J1ii • PtiOOR ( -79/./:/:) Qg SEP 16 P!1 1: 39 f� '71.82544 :. vb RESOLUTION# 4 2 9 3 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) gOerl I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing 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 May 24. 1999 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 26th day of May , 19 99 . A ziZL(ic, - (//.11.— Linda .11.—Linda S. Vee, City Clerk (SEAL)