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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
es 0 NO. 47 A 1
A RESOLUTION GRANTING VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B),
FILE NO. 02-2765
WHEREAS, Wilson Management Ltd., (hereinafter "the applicant") is the owner
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 applicant has 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 March 18,2002,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#02-2765.
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 March 18, 2002 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.
B. The residence on the property was demolished by permit in December 2000.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 7 8 1
C. The site plan indicated the proposed setback 30'to the side property lines,75'
to the rear property line and 53' to the front property line, which meets the
minimum requirements of the RR-1B zoning district.
D. The subject property received lot width and lot area approval by the City
Council on February 26, 2001 to construct a new single family residence.
E. The lot can be developed without the need for further variances.
F. 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 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.
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 effect 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.
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CITYof ORONO .
RESOLUTION OF THE CITY COUNCIL
�Esxj NO. 4 7 R I
2. Authorities granted by this variance 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 these variances will expire on that
date (March 25, 2003).
3. 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.
4. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, his 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 or Orono, Minnesota at a regular meeting held on
the 25th day of March, 2002.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Pr perty Owner(s) --76-rL,&)'(Si crn nvtA , L�-
TATE OF MINNESOTA �
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 25th day of March,2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City. -- ---------
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J;CK!E�'OCiu
NOTARY PUSUC-K41NNESOTA
P E;Counission Expires Jan.31,2005
Notary Public -
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CITYof ORONO .
RESOLUTION OF THE CITY COUNCIL
�SH04NO. 4 7 8 1
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of4&,=h,2002
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was exec of the City.
RACHEL DODGE
NOTARY FUBUc-MINNUOTA
Mr Commission DPW Jw.31'2= Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this, %ay of �G�n/v , 200 , �i✓ (�y. �,�LSo
personal appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of ,
a credible witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same
as his/he
ri6e KATHLYN J.WHM MN
NOTARY KMJC- SWA fit/
W0 "8TM J�otay Publi
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of , 20_,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of ,
a credible witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same
as his/her/their free act and deed.
Notary Public
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Exhibit A
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,ice PLAM 2otJ0 2.2s-02
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