HomeMy WebLinkAbout1994-06-13 Resolution #3439CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 3 9
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZOMNG CODE
SECTION 10.56, SUBDIVISION 16 (C-1)
FILE #1930
WHEREAS, Margaret P. Cost (hereinafter "the applicant") has an interest in the
property located at 255 Brown Road South within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 1, Block 1, Byfield. Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.56, Subdivision 16 (C-1) to permit the construction of a residence that
would be located 75 ’ from a protected tributary instead of the required 100 ’.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1930.
2.The propeny is located in the RR-IB. Rural Residential Zoning District requiring
2 acres of dry contiguous area. The property consists of 5 acres, 2 acres of wet
and 2 acres of dry contiguous.
3.The Orono Planning Commission reviewed this application on May 16, 1994, and
recommended approval of the variance as amended based upon the following
unique findings and hardships:
A.The Byfield Plat was approved in 1980 prior to the current Shoreland
Regulations that now require setbacks from protected tributaries. At the
time the Byfield Plat was approved the setback for structures from the
protected tributary was 26’.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 4 8 9
B.There is only one location on the entire 5 acre site that would supoort and
treat on-site sewage.
C. The 2 acre building site is severely limited by a bluff and steep slopes.
D. The extreme drop from the elevation at the street to the west portion of
the dry build able envelope are severe.
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 zoninj district; that
granting the variance would not adversely affect traffic conditions, l^ht, 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.
The City Council has considered this application including 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 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 10.56, Subdivisions 16 (C-1) subject to the
following conditions:
1.Upon application for a building permit, applicant shall provide a detailed grading
and drainage plan that will adhere to the protective standards for construction
within the steep sloped areas. Erosion control must be maintained until
groundcover is restored. The plan must provide detail on interceptor/French
drain to be installed to east and north of drainfield areas.
2.Applicant must obtain a Hennepin County driveway permit before any work can
commence within right-of-way of County Road.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 3 9_____
3.
4.
5.
Authorities granted by this resolution 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 this variance will
expire on that date (June 13, 1995).
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.
The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of herself, her 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 13th day of June, 1994.
EdwardXJ. Callahan, Jr.,\Mayor
Gabriel Jabbour, Acting Mayor
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instrument was acknowledged before me on this 13th day of June,
1994, by C&fe’^^r. & Dorothy M. Hallin^Sfe^f <®!lfY^rcierk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of tlie
City.
CAROLE A. HASEMAN
NOTAMT PUtUO-MMOOTA
HENNEPIN COUNTY
MV COyMBSON EXP WES »«Mi
/ ) ( /• yT ^
Notary Public
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O, O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. :8 4 3 9
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of 77-__________. ^< n 4-
within and for said County, personally appeared P. /yi^mied "ib lMv>d Cn^i
known to me to be the person(s) described in and «^o executed the foregoing instrument, and
acknowledged th^f he (they) executed the same as his (their) free act and deed.
, 1994 . before me a Notary Public
CAROLE A. HASEMANnnuc-MWNESOTA
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this oto day of C\\j.
within and for said County,
, 199^H . before me a Notary Pu.blic
known to me to be the person(s) described in anc^ who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
dANICE M. QRASER
NOTART PUBUC • MINNESOTA
SCOTT COUNTY
My Commission ExpIrM Juno 10.1997
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