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Certificate of Survey ` r t �
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of Lot 63 , Tonkaview Gardens
Hennepin County, Minnesota
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Certificate of Survey
for Richard and Diane Hennessy
• of Lot 63 , Tonkaview Gardens
Hennepin County , Minnesota
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I hereby certify that this is a true and correct representation of a survey of the
boundaries of Lot 63 , Tonkaview Gardens . It does not purport to show any improvements or r: .1
encroachments .
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COFFIN & GRONBERG , INC .
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Scale : 1 inch = 60 feet ,Ae...,,,f4.4/A//k44e-e)r, Ir2V2
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Date : January 7 , 1985 Mark S . Gronberg Reg . No . 12755
o : iron marker Gordon R. Coffin Reg . No . 6064
Engineers and Land Surveyors
Long Lake , Minnesota
City of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY NO. 1790
OF
ORONO
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 6 (A) (3)
FILE #925
WHEREAS, Richard and Diane Hennessy (hereinafter "the
applicant" ) is owner of the property located at 4670 Tonkaview
Lane within the City of Orono (hereinafter "City" ) and legally
described as follows:
Lot 63, Tonkaview Gardens, Hennepin County, Minnesota (here-
inafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 6
(A) (3) to permit the construction of a single family residence on
a lot of area 1.21 acres in the LR-1B zoning district, which lot
is not served by municipal sewers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #925.
2. The property is located in the LR-1B, Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 17 , 1985, and recommended approval of the proposed
variance based upon the following findings:
A) The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
B) Sewer is not provided to this property although the
property is located within Orono's designated sewer
service area.
C) The costs of providing a municipal sewer lateral to
serve this property and the adjacent undeveloped
properties has not been determined; the City has no
indication when the neighboring properties will be
developed. 1 �
Page 1 of 4
f
A.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY , NO. 1790
OF
ORONO
D) The property can support primary and alternate
mound type septic systems.
E ) The property can gain access through the
undeveloped Garden Lane right-of-way.
F) The applicant has demonstrated that he is aware of
the potential for sewer to be installed in the area,
and is aware that he risks paying for a septic system
and a sewer.
4 . The City Council has considered this application
including the findings and recommendations of the Orono
staff 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 pre-
serve 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 the above findings, the Orono City Council
hereby grants a variance to the Municipal Zoning Code Section
10.03 , Subdivision 6 (A) (3 ) , to permit the construction of a
single family residence on a lot of area 1.21 acres in the LR-1B
zoning district, which lot is not served by municipal sewers but
will be served by a septic system, subject to the following
conditions :
1. Applicant shall locate the house such that the house and
driveway do not encroach onto the approved drainfield sites.
2. Applicant shall be responsible for the costs of
installing an adequately sized culvert in the gully location
on undeveloped Garden Lane.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY NO. 1790
OF
ORONO
3. Applicant is responsible for maintaining this access
driveway over unimproved Garden Lane.
4. At such time in the future that municipal sewer is
provided to the property, applicant shall abandon the septic
system and connect to the municipal sewer within the
normally required time frames.
5. Payment of park fee in the amount of $350.
6. Payment of standard building permit fees including SAC
charge. The sewer unit charge of $225 will not be collected
until such time that municipal sewer becomes available to
the property.
7. Authorities granted by this variance run with the pro-
perty 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 (July 8, 1986).
8. 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.
9. The undersigned applicant and owners have read, under-
stood and hereby agree 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 8th day of
July 1985.
ATI
, , / / / /,
Mothy ' . Hallin, City Clerk Mary C. But e Mayor
(1 ) Property Owner
Property Owner
Pam= of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY NO. 1790 •
OF
ORONO
STATE OF MINNESOTA )
ss .
COUNTY. OF HENNEPIN )
On this /E-4--t- day of _AuLy , 1985
before me a Notary Public within and for said county, personally
appeared k lc,-(A-- 1--- ySX 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.
`' �'' �"° tsiMICHAEL_ *s, - NOT,RY PUBLIC
i HEIVI�Pueuc M/NNESpO8
- 7/; ,,4
EPIN COV A
1 1`1Y Commission Expires/� NTy
�e 11.1887
,,A-. 1/ /g 7
MY COMMISSION/EXPIRES
STATE OF MINNESOTA )
)ss .
COUNTY OF HENNEPIN )
i
On this day of -u�Y , 1985, before me
a Notar Public withiin and for said County, personally appeared
t)jA Jc /1/ , 6-7uiU ---sS y known to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they ) executed the same as his
(their ). free act and deed.
9/A-J---(7/7A,5Z/
ikg. NorA EL P �P„ NOTARY PUBLIC
A HENNEP-fps-",Lc MwNEPO i
Y Commis /NCO CTA 1
slogP/res JuneNT 9e7 •
J uNe /// Y�7
MY COMMISSION EXPIRES
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