HomeMy WebLinkAboutReso #4614 O
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CITY of ORONO
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Cd RESOLUTION OF THE CITY COUNCIL
NO. /16a
A RESOLUTION GRANTING VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B),
FILE NO. 2660
WHEREAS, Jeffrey G. Maxwell and Leontyne A. Maxwell, (hereinafter "the
applicants") are the owners of the property located at 740 Willow Drive South within the City of
Orono (hereinafter "the City") and legally described as follows:
Lot 11, Block 1, Webber Hills, Hennepin County, Minnesota. (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28,Subdivision 5(B)to permit new residential construction on a 1.038 acre
lot where 2 acres is required and having a lot width of 162 feet wide where 200 feet is required.
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 February 21, 2001, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2660.
2. The property is located in the RR-1 B Zoning District,where 2 acres is the minimum
required lot area. The property consists of approximately 1.038 acres.
3. The Orono Planning Commission reviewed this application on February 21,2001 and
recommended approval of the proposed variance based upon the following findings:
A. The property has been developed with a residential use since at least 1970.
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B. The site plan indicated the proposed setback 30'to the side property lines, 50'
to the rear property line and 120'to the front property line,which meets the
minimum requirements of the RR-1B zoning district.
C. The lot can be developed without the need for further variances.
D. There is no additional land to combine with the property.
4. 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 will 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 applicants,but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City Staff,comments by
the applicants and the effcct of the proposed variances 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 a
variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential
construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet where
200 feet is required. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. It is the intent of the City Council that variances to develop the lot would not be
looked upon favorably.
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3. Authorities granted by this variance run with the property not with the applicants,
but are permissive only and must be exercised by application for a building permit
within one year of the date of Council approval,or these variances will expire on that
date (February 26, 2002).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code,shall automatically terminate
any authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicants have read,understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on
the 26th day of February, 2001.
ATTEST: _
Linda S. Vee, City Clerk Barbar :t Mayor
Prope ty er )
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of February,2001
by Barbara A. Peterson and Linda S.Vee,Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
-�; RACHEL DODGD Notary Public
... NOTRR`!PUBLIC-�III,V'My Ccmiri-aicn Evires Jan.
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RESOLUTION OF THE CITY COUNCIL
�ESKp4� NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of 5-0 f'Uck r 200f,before me a Notary Public within and
for said County, personally appeared k rb—,,A--e6 • Wa_ u-v (I YW.X r✓t f known
to me to be the person(s)described in and w o executed the foregoing instrument,and acknowledged
that he(they)executed the same as his(their)free act and deed.
r=y. RACHEL DODGES
NOTARY PUBLIC-hil."X70TA
;, Nota Public
^ x My Cammi uian Expiry Jan.3 r,'aG05 Notary
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day ofnr q ,2001,before me a Notary Public«ithin
and for said County, personally appeared A • lY>a- u-'e o j
known to me to be the person(s) described in andho executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
RACHEL DODGE Notary Public
NOTARY PUBLIC-M1N.14 .^OTA
My COmmic..i0n Expires Jan.31,2.,105
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