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Home My WebLink About#5241-amending #4915 a �`� • � O� ' O O • �� CITY of ORONO a � ; ti �� G�' RESOLUTION OF THE CITY COUNCIL L�kESS�g'� NO. � � � Il . A RESOLUTION TO AMEND RESOLUTION NO. 4915 REGARDING LOT 6, BLOCK 1,STONEBAY -FILE#2840 . WHEREAS,the City of Orono is ainunicipal corporation orgauized and existulg under the laws of the State of Minnesota; and WHEREAS,the City Couilcil of the City of Orono(hereinafter"Clty COL111C11")has adopted la�zd development regulations for the orderly,economic and safe developnient of landwitlun tlle City; aud WHEREAS,the Cityhas approved certain Conditioiis for development withul the Planned • UiutDevelopment plat of STONEBAY,Heiinepnz County,Minnesota,via City Council Resohition No. 4915; and WHEREAS, Coizdition 2(j) of Resolution No. 4915 grants a variance for rambler townlioine Lot 27(platted as Lot 6,Block 1,STONEBA�to be located 20'from the northplat boundary instead of tlle 35'building setback nonnally required; and WHEREAS, Dahlstrom Developinent LLC (the applicant) has requested a minor amendment to the PUD approvals granted in Resolution No.4915 to allow PUD flexibility for cei-tain proposed eneroaclunents of the 20' setback required in the aforesaid Condition 2(j), as follows: 1. Developer requests PUD flexibility to allow the north wall ofthe townhome building on said Lot 6 to be 19.6 feet instead of 20 feet from the north boundary. 2. Developer requests PUD flexibility to allow the proposed 2-foot roof overhang to be 17.6 feet from the north lot line rather than the 18.5 foot setback that wouldnormallybe allowedwith a 1.5' non-encroachment overhang. . , 3. DeveloperrequestsPUDflexibilitytoallowfortheproposeddiningroombump-outtobel8.lfeet from the north lot line; and • Page 1 of 4 !�" . .� � O� • O O • � � C ITY of ORONO � � : ; � , ti ti RESOLUTION OF THE CITY COUNCIL ��`gkESl��g'�G NO. S � � � WHEREAS, the City Council has reviewed the proposed encroachments and has determined that there will be no negative visual impacts created by the minor encroachments proposed,and that the proposed encroachments will have no imp act on utility easements,nor will they tend to reduce separation between buildings or reduce open space. NOW,THEREFORE,BE IT RESOLVED thatbased on the findings noted above,the City Council of the City of Orono does hereby amend Condition 2(j)of Resolution No.4915 and does hereby grant approval based on PUD flexibilityto allow the proposed encroachments oftlie required 20' setback for Lot 6, Block 1, STONEBAY as described herein, subject to the following conditions: 1. The proposed encroachments shall be constructed as described herein. 2. Authorities granted by this resolution run with the property not with the developer, but are permissive only and must be exercised by obtaining a building pennit for construction of a • townhome residence on the aforesaid Lot 6 within one year of the date of Council approval,or this approval will expire on that date(October 25, 2005). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute aviolation ofthe Zoning Code,sha11 automaticallyteiminate any authoriiy granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read,understood and hereby agrees to the terms ofthis resolution and onbehalf ofhimself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the chain of title of the affected properties. - Adopted by the Orono City Council on this 25th day of October, 2004. ATTEST: _ � ��- - Linda S. Vee, City Clerk Barbara A. Peterson, Mayor . � ��1�Lu- t��E-�- rope Owner(s) �l�L L— �'{�C(, • Page 2 of 4 -� . � � O� O O • � � CITY of ORONO a ��- ; � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEs�I��'�G NO. eS �. � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing insh-ument was acknowledged b efore me on tliis �S day of O�Q� ,2004 by Barbaxa A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. , �a - KRlSTI�.�4NOER�QN 1 . _ Notary ublic ��RY FUBLtG-M�AlNFSnTq . 'iL•:i�i:'` NY�fon Expires Jar :i,'�07 .�s ,. .�.�� . • TA STATE OF 1��INNESO COUNTY OF HENNEPTN The foregoing instruinent was acicnowledged Uefore me on this�b day of G�O��,-2004 by Linda S.Vee,City C1erk ofthe City of Orono,aMinnesotamunicipal corporation and said ulstniment was executed on behalf of the City. �, :'��``"��y�" y RACHEL DODGE t � C.�� G�� ; 'J NOTARY PUBLIC-MiN\ESOTA � � ;;� _, ,I My Commission Expires Jan.31,�oos � Notary Public ,:1;�_.c:r:��-r,•,r_,�-� ��;'� . . • Page 3 of 4 '�; . � O� O O • �� 1 CITY of ORONO �1 " r - '9'' ti ti RESOLUTION OF THE CITY COUNCIL �L`�kEsBOg'�G NO. �i � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN ' This instrumei�t was acknowledged before ine this�day of ��-�,�,�,2004 for Dahlstrom Development LLC by �Oh I� �QSS��•t'" , its Secre�-�y �� . , �ARBARA G.SILUS ��C�.� �"ry°`- NOTARYPUBLfC-MINNcSOTA �°` ` Notary Public �"•.`;�':�t h9y Comm'�ssion Expires Jan.31,2048 • • � Page4of4 ,