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Home My WebLink About#3009-variances-1991 � . �1 n . � � �� " ;; , 0 \�� \�\� ,'i� O a��,�, ;��, , r:��, _ �,�; CITY of ORONO , � �. �,��,� � � �.� �� ,,�,; �� ` ` � �` � ,�,�� '�''� RESOIUTiON OF THE CITY COUNCIL ��kES��/ NO. 30 0 9 , ,�� A R$SOLDTION GRANTING RENEWAL VARIANCES TO . MIINICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 5 (B) FILE #1666 WH$RBAS , Michael Hilbelink (hereinafter "the applicant") has an interest in the property located at 2180 P�osgect Aver,ue within the City a� Orono (hereinafter "City") and legally described as follows: Ref er to Exhibit A attached (hereinaf ter "the property") ; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a lot that consists of 22 , 490 square feet or .516 acres where 2 acres is required and a side/street setback variance that would place the structure 41' instead of the required 50'. NOW, THEREFORE, B$ IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1666. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requiring 2 acres of dry contiguous land. The property consists of 22,490 square feet or .516 acres. 3. The Orono Planning Commission reviewed this application on July 15, 1991 and recommended approval of the renewal variance application as proposed based upon the following findings: . A} The property consists of .516 acres and is subject to 2 acre zoning standards. B) T'he area of the property is consistent with the surraunding one half to three-quarter acre pattern of development within the Crystal Bay neighborhood. . C) The property is served with sewer. Page 1 of 4 , ;��' �_ \\�� ;i/' � � \�\ '� O O � � � �� '`�'�� CITY of ORONO , aj - ; ,� � �'�� ►r1 �,�� ,� ,� � ,,, \�� '� r�� ,,��'�' RESOLUTION OF THE CITY COUNCIL \`9.�i'E,�g�� N0. 30 0 9 � D ) There is no additional area available for acqu�sition to increase the building envelope. 4 . The �ity Council has considered this application includingl the findings and recommendations of the Planning Commissio#�, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, saf ety and we 1 f are of the community. 5. The City Council finds that the conditions existing on this prop�rty 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. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Oxono City Council hereby grants variances to Municipal Zoning Code Section 10.28. Subdivision 5 (B) to permit the construction of a single family residence requiring approval of an area variance of 64, 630 square feet or 1.4 acres at 74$ and a side setback variance of 9 ' or 18$ , subject to the following conditions: 1. Upon application for a building permit for new residential construction, the City shall require the following: A. Payment of $6,963.84, based on current 1991 rate, incurred by the City as a result of a previous hazardous building action against this property. B. Applicant shall provide proof of payment to the �County for all delinquent real estate taxes, �special assessments and penalties due on this property. C. ,Revised survey locating all newly acquired drainage easements and drainage and utility easements. All land alterations must be shown .on final site plan and located out of .LS.' drainage easement area along north boundary of property. '� Page 2 of 4 ,%-O�\ 7 �\�\ i;'O � ;� � ��i A �� ,,,, �,��. :�. � �; CITY of ORONO � , ��r�, � `�,.�.`��h � �,� l�,/,! ��.;�� ' �'��;j: r,;�� j�'�� RESOLUTION OF THE CITY COUNCIL �\l�9 ' � , .' � 4 / 3009 ,kESI3� � NO. 2. New driveway access at Briar Street must be reviewed by Public Works Director prior to the issuance of a building permit. - 3. Connection to municipal sewer prior to the issuance of a Certificate of Occupancy for new residence. 4. Applicant or future owner shall maintain erosion control on this property throughout construction tc prevent any restrictions upon drainage improvement installed within 15 feet drainage easement along northern boundary of property. The existing drainage swale located within this easement shall not be moved further north so as to further encroach into the immediately adjacent property to the north. 5. City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 6. 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 wil 1 expire on that date (August 26, 1992). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 City Council of the City of Orono, Minnesota at a. regular meeting held on the 26th day of August, 1991. AT T: � � � ' �� 0 othy . Hallin, City Clerk Barbara A. terson, ayor . _ , Edward J. 'llahan, Jr. , Act' g Mayor �'/l, 1 -}— Y7 ,(� ` C� /�� - , ` � � k -' ��,�1;i.1�;c�2.:..51.r..J�—�� '�1.Y 1.Z.2�4�C.L.-;-G1-1l�� Property Owner(s� � _ Page 3 of 4 , �--- _^,,. � � ��\ �. O O,;\�\ ' ;; j,�,, ` � ; CITY of ORONO � - , ,. �,; �,`� � ''�- � r .�� G " RESOLUTION OF THE CITY COUNCIL �_� . ��" , i \\��E S I 3�4�i� N 0. 3 0 0 9 STATE OF MINNESOTA ) ) ss. Edward J. Callahan, Jr. COUNTY OF HENNEPIN ) Acting Mayor The foregoing instrument was acknowledged before me on this 26th day of August, 1991, by ��'1t�'�'��f/��/P/��► & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of ti,e City. ....1'� LINDA S. VEE ' NOTARY PUBLIC - MINNE30TA HENNEPIN COUNTY � Nly commissl�n e�P��8"12"� j�jOt y Public STATE OF MINNESOTA ) ��. ��" �-+�"�''� ) ss. � COUNTY OF HENNEPIN ) �� Us On this �� day of � 199 ( befdre me a N a y Pub ' c w'thin nd r said county, personally a�p�ared ' ri-i c knc�wn to me to e the person s escribed in and who execute t e foregoing instrument, and acknowledged that he (theyj �xecuted the same as his (their) free act and deed. PU IC My Commission Erpires August 7, 1995 STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personal ly appeared known to me to be the person(s) described in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUDLIC _ Page 4 of 4 RESOLUTION #3009 " E]�IBIT A LEGAL DESCRIPT�ON: � Al1 that part of the Northeast Quarter of the Southwest Quarter of Seation 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the west line of the Northeast Quarter of the Southwest Quarter of said Section 10 515.625 feet north of the southwest corner of said Northeast Quarter of the Southwest Quarter; thence North 130.00 feet; thence East 208.00 feet; thence South 130.00 feet; thence West 208.00 feet to the point of beginning. � - RESOLUTION =3009 STATE OF MINNESOTA ) ) COUNTY OF HENtJEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of tne City of Orono , Hennepin County � i�innesota , do hereby certify that I have compared the foregoing copy of a resolution o: 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 August 26 . 1991 . 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 � 3rd � day of September . 19 91 ^___^_� / �� . Dorothy^M allin , City Clerk (�EAL)