HomeMy WebLinkAbout#2750-variance-1990 �
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� : Cit o� ORONO .
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',;" Q� RESOLUTION OF THE CITY COUNCIL
� NO. 2750
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� A RESOLDTION GRANTING
. A VARIANCE TO
MIINICIPAL ZONING COD$
SECTION 10.24, SDBDIVISION 5 (B)
FILL #1479
� WHBREAS, Douglas Wil�.iams (hereinafter "the appl.icant")
has an interest in the property Yocated at 1020 Tonkawa Road
within the City of Orono (hereinafter "City") and Yegal.Yy
described as foYlows:
Tract B, Registered Land Survey #617, Hennepin County,
Minnesota (hereinafter "the property"); and
WH$REAS, the app Y i cant has app 1 ied to the City f or a
variance to Municipal Zoning Code Section 10.24, Subdivision 5
(B) to permit the construction of a new single family residence
on the property which is 100' in width where a 140' Yot width is
normalYy required.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS �
1. This appYication was reviewed as Zoning Fi�.e #1479.
2. The property is Iocated in the LR-1B Sing�.e FamiYy
Lakeshore Residential Zoning District requiring 140' in Iot
width for construction of a new residence. The property is
100' in width.
3. The Orono Planning Commission reviewed this application
on January 16 , 1990 , and recommended approva�. of the
proposed variance based upon the folxowing findings:
A) The majority of the adjacent and nearby Yots are
simil.ar�.y 100 ' in width.
B) The 1ot a�ready contains a singYe family residence
which wi�.Y be removed and repl.aced with the proposed
new residence �.ocated further back from the Iakeshore,
meeting aYY other Orono Zoning Code requirements.
C) A Yot width variance was granted for this 1.ot in
• 1976 in order to axYow construction of the currentYy
existing residence.
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� �- � Ci.t� o� ORONO .
• '�:t�f� _
. '� RESOLUTION OF THE CITY COUNCIL � �
� � NO. 2750
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) No other I.and is availabYe for purchase to make
this 1ot conform to the current standards.
E) The I.ot was created prior to the adoption of the
� current 1 acre/140 ' Iot width zoning requirement.
4. The City CounciY has considered this appYication
incYuding 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 heaYth,
� safety and we�.fare of the community.
5. The City Counci�. finds that the conditions existing on
this property are gecuYiar to it and do not appYy generaYly
to other property in this zoning district; that granting the
variance wouYd not adversely affect traffic conditions,
Yight, air nor pose a fire hazard or other danger to
neighboring property; woul.d not merely serve as a
convenience to the applicant, but is necessary to aY�.eviate
• a demonstrabYe hardship or difficulty; is necessary to
preserve a substantiaY property right of the appYicant; and
woul.d be in keeping with the spirit and intent of the Zoning
Code and Comprehensive P�.an of the City.
CONCLOSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City CounciY hereby grants a variance to MunicipaY Zoning
Code Section 10.24, Subdivision 5 (B) to permit the construction
of a new singl.e fami�y residence on a �.ot of 100' in width where
a 140' Iot width is normaYl.y required, subject to the fo�.rowing
conditions: �
1. The new residence shal�. be constructed to meet aYY other
zoning code standards.
2. Authorities granted by this resoYution run with the
property not with the applicant, but are germissive on1.y and
must be exercised by appYication for a building permit
within one year of the date of CounciY approval , or this
variance wil�. expire on that date (January 22, 1991).
3. VioYation of or non-compliance with any of the terms and
conditions of this variance sha1Y constitute a vio�.ation of
the zoning code, shaY Y automaticaYYy terminate any authority
• granted herein, and shal�. be punishabYe as a misdemeanor.
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` ��{ Cit� o� ORONO
• .�':
�� � RESOLUTION OF THE CITY COUNCIL �
•� �
.;,a., � NO. 2750
�� - • •
4. 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 22nd day of January,
1990.
AT T: �
�
o :othy . Hallin, City Clerk Edwar J. Ca ahan, Jr. , .
Acting May
• Propert wner s
�
U�U
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) "
The foregoing instrument was acknowledged before me on
this 22nd day of January, 1990, by Edward J. Callahan, Jr. &
Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
����� LAURIE K. SCHEFFLER No ary Pu ic
[•�- �•rCe,�.;,y NOTARti I'UBUC—MINNESOT/�
' �,Ys`;i HENNEPIN COUNTY /„ (�
, . :��.i'��` M commi;gion�xpiroe 6•8•93 �F� b
�'��:,". Y
My Commission xp res
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f���.� C�t� o� ORONO .
• . .
x; � RESOWTION OF THE CITY COUNCIL
� NO. 2750
. • _ � •
STATE OF MINNESOTA )
) .ss.
COUNTY OF HENNEPIN )
On thi s ���Q day of J q���{�l� , 19 9(�
before me a Notary Public within and for said county, personal.I.y
appeared �(�('�� �/fL�l.c� �
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.
,e.�-
NOTARY PU
� �`��� LAURIf K. SCHEFFLER
' �����§%�I NOTARY PUBLIC-MINNESOTA
`'� HENNEPIN COUNTY
�.;�:��•y. �My commissioo�xpins6-8-93
•
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
� On thi s �(Lj� day of V�J�,{,A�y _, 19 90, bef ore me a
Not y Public w thin and for said County, personally appeared
,��P�L��i �l 1-L.(�9 yY1S known to
, me to be the person ( s ) described in and who executed the
f oregoing instrument, and acknowYedged that he (they) executed
the same as his (their) free act and deed.
NO ARY PUBL •
�k' lAURIf K. SCHEFFLER
'� NOTARY PUBLIC-MINNESOT�
���'s� HENNEPIN CO{JNTY
"''; �,. �
'�at.c:=.? My commis;:ion�xpinsd-8-93
� MY COMMISSION EXPIRES
�
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