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Home My WebLink About#3272-A-variance-1993 w _ � O CITY of ORONO RESOLUTIONc(�F�THE CITY COUNCIL .t �'' NO. e.� F 2 /9 4 �`4kESAO A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1808 hereinafter "thea applicant")WHEREAS, James Abrahamson ( pp ) has an interest in the property located at 4629 Tonkaview Lane within the City of Orono (hereinafter "City") and legally described as follows: Tract C, Registered Land Survey No. 1036, Files of Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of the residence on a .74 acre lot where 1 acre is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1808. 2. The property is located in the LR-113, Zoning District. 3. The Orono Planning Commission reviewed this application on April 19, 1993, and recommended approval of the proposed variance based on the following findings: A. Additional land is not available as the adjacent lots do not meet the area requirements of the zoning district. B. The lot size is consistent with those within the neighborhood. Page 1 of 4 ►.M5W alk ftt .k CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. = ' ILI t�xESll0 C. An easement across Tract D providing access to Tonkaview Lane has been granted in favor of the subject property (Tract C). D. No additional variances are required. E. Municipal sewer is available and the property has been assessed for sewer. 4. 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. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a residence on a .74 acre lot where 1 acre is required subject to the following conditions: 1. 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 will expire on that date (April 26, 1994). 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. Page 2 of 4 fwuSMNO� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ti �9kE880g� 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 26th day of April, 1993. A ST: Dorothy llin, City Clerk Edkv,and J. Ca , Jr., M roperty wner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1993, by Edward J. Callahan, Jr. & 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. orf®J C./•T_ CAROLE a HASEMAN Notary Public NOTARY PUBLIC—MMESWA HENNEPIN COUNTY s MY COMMISSON EXPIRES arae My Commission Expires Page 3 of 4 ►wm5=INA&W J CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti 88 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this oZ�D =h day of nr'. 1993 before me a Notary Public within and for said county,persona y appeared rn es R', 4hrdhams e� 2,q/ �u wr g instrument,ranacknowledged thaknown tome tothet the executed the same as his (their) free d who execute the foregoing instrum act and deed. 7MyLINDA S. VEE ARY PUBUC - MINNESOTA HENNEPIN COUNTY commission expires 8-12 98 NO ARY 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 Page 4 of 4 �5=�O..