HomeMy WebLinkAboutResolution 5178 SFA 3�
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.: CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�`9kESS0 NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-420 SUBDIVISION B
FILE NO. 04-3018
WHEREAS, Kevin Krolczyk and Michele Krolczyk, husband and wife
(hereinafter "the applicants") are the owners of the property located at 65 Cygnet Place
within the City of Orono (hereinafter the "City") and legally described as follows:
Lot 2, Block 1, Swan Lake Addition, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a
new residence to be constructed on a 1.17 acre lot where 2 acres is required.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #04-3018.
2. The property is located in the RR-1B Zoning District, which requires a
minimum lot area of 2 acres and minimum lot width of 200'.
3. The Planning Commission reviewed this application at a public hearing
held on May 17, 2004 and recommended approval of the variance based
on the following findings:
a. No additional land is available for acquisition by the applicants to
make the property conforming in area.
b. The property is served with municipal sewer. A single family
residence has existed on the property for many years.
Metro Legal Services Inc.
Box 491
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL`9kESII04�G NO. 5178
c. A new single family residence can be constructed on the property
meeting all setbacks and other pertinent zoning standards.
d. The size of the proposed residence and property is consistent with
other approved development in the neighborhood.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to
allow construction of a new residence on a 1.17 acre lot within the RR-1B, 2 acre
minimum zoning district, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (May 24, 2005).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��`�kESYi0g�G NO. 5172
3. 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.
4. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
dopted by the Orono City Council on the 24`h day of May, 2004.
1i
Barbara A. Peterson, Mayor
15�6
pe ner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 24th day of May,
2004 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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CITY of ORONO
�� G~ RESOLUTION OF THE CITY COUNCIL
L`�kESIIOg� NO. 5178
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ] day of
2004 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.
RACHEL DODGE
NOTARY PUBLIC-MINNZ;OTA
14 Commission Expires Jan.31,2005 Notary Public
�_. .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 22r day of , 2004
by Kevin Krolczyk, husband of Michele Krolczyk.
[ DENISE M.LES f`
NOTARY PUBLIC-MINNESOTA
My Cornmissio Expires Jan.31,20 5 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 28 day of i..t , 2004
by Michele Krolcyzk, wife of Kevin Krolczyk.
DENISE M.LESKINEN �•
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,201-5 Notary Public
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