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Home My WebLink AboutRes 5572 • .4 ON.- !. �� CITY of ORONO or �.� �, � ��q.`t'01/4. C) RESOLUTION OF THE CITY COUNCIL `9kESi'iO4 NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE Section 78-330 FILE No. 07-3261 WHEREAS, James A. and Linda M. Martinson, husband and wife, (hereinafter "Owners") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter "City") and legally described as: Lots 1 and 2, Block 11, Saga Hill Revised, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-330 to construct a replacement residence on a lot that is 0.74 acre when 1 acre is required; and 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 January 16, 2007, 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#07-3261. 2. The property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is approximately 0.74 acre in area and 180 feet in width. 3. The Planning Commission reviewed this application on January 16, 2007 and on a vote of 7 - 0 recommended approval of the variance, based on the following findings: a. The lot was created before there were subdivision regulations. b. A house has existed on the property since 1920. Page 1 of 5 • • ci. 0.4 . 0 0 CITY of ORONO ,o, \.\., .ifv,.. ,,, IA Y sL ' ''�� 11'';_.0 RESOLUTION OF THE CITY COUNCIL `9kES1-104 NO. 5 5 1 2 c. There is no adjacent property the Owners could acquire to enlarge the lot. d. There are numerous similarly sized lots with similarly sized houses in the immediate vicinity of this property so the proposed house would not be out of character with the surrounding area. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, 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 Owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow a replacement residence on a lot that is 0.74 acre when 1 acre is required, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. The final grading plan shall be approved by the City Engineer prior to issuance of the building permit. Page 2 of 5 • • fcO 0 ' - CITY of ORONO �, ' ice ►� , ��l ') 'll'it.. c RESOLUTION OF THE CITY COUNCIL IkES804w NO. 5 7 2 3. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before January 22, 2008 or the variance will expire on that date. 4. 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. 5. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of January, 2007. ATTEST: kC Linda S. Vee, City Clerk : es M. White, Mayor s:. ... \,,,j ,..1 , tc i ti ,„. .. .. r) )(mes A. Martinson Linda M. Martinson `"' Page 3 of 5 /6o,1V. � � CITY of ORONO ��,�i1i�.lotG~ RESOLUTION OF THE CITY COUNCIL N O. l � '�{^� 5 5 7 2 `9kESS�4 STATE OF MINNESOTA COUNTY OF HENNEPIN d The foregoing instrument was acknowledged before me on this)a'day of 0- 7,u , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corp6ration and said instrument was executed on behalf of the City. rff�fffl LINDA S VEE rfrrti ti -1-41-14..'. // // NOTARY PUBLIC-MINNESOTA �7Z G.�' �.' My Commission Expires Jan.31,2010 ..-4.---..f/l✓!�.,S�'l✓lf./✓Jlll./. ,,,, - NOtaI y Public STATE OF MINNESOTA COUNTY OF HENNEPIN Vi in The foregoing instrument was acknowledged before me on this, day of -- /"."- -'1 , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • �: �_� - Ct L i ,,, , , ;ACdEL DODGE Notary Public ( �— 6 rD rARY PUBLIC-MINNESOTA , `� :; ! ; :.,mission Expires Jan.31,2010 • Page 4 of 5 ,4o.. 0 0 thos CITY of ORONO ,t4 , 0001/4_ p RESOLUTION OF THE CITY COUNCIL �kES�I�4� NO. 5 5 2 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2h day of _9-NLN_,1 , 2007 by James A. Martinson, husband of Linda M. Martinson. DENISE M. LESKINEN / NOTARY PUBLIC-MINNESOTA 4 4. My Commission Expires Jan.31,2010 7 . ✓._'r✓.✓ '._ ,,.-.r^J✓"✓^JIJIII a) ,/�1 /1--/-.1- '4 `"._---- Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 7,56\ , 2007 by Linda M. Martinson, wife of James A. Martinson. C -C , i . / )ems/! `� , - . ERT E.8ETLEA Notary Public „* NOTARY PUBLIC' SOtos`-p: W CamEer' . 9 sr. Page 5 of 5 ZONING FILE NO.07-3261 EXHIBIT A RESOLUTION NO. 5 5 7 2 / \1 CHERRY PLACE -► .1,e°56' 45" W //' 104.00...... ...,r/ • j i� l �--- — I It —X—X X X X X /‘, \ 6s, .4.-1 0 4i• r9 `I I , \ 73 :\ ....,.. , , , ram .%i \-•"\-\•\ \ \\''''S,' �� J �1 \ op \ 1- \\1 \ \ \eA• NC11).0eA '.--\ \ .\-: v,-1,1a,--.-.100 11 , \\ \ Z 1 Z �'PR~`� 'J I� IIII 111.-- ti \ \\1 \ \\\ \A \ ix 0 1 IH ; V \ \\\A \ \ .,,\',3,\ \ \ , olio = i5i 1 ii \;14.\ I-Ci\ii 1 \--1z,...",• \ `w 0 ' I: cI° \`\\\. \ \ \ \ 3� m° �-- X03 \ I . 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