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Home My WebLink AboutResolution 5003 � . 7 ` - I •I . O � . - � CITY of ORONO � -. ;.. � , ti �� G~' � RESOLUTION OF THE CITY COUNCIL �kESI;O� NO. � O � a� A RESOLUTION GRANTING VARIANCES , TO MUNICIPAL ZOPTING CODE � SECTION 10.27 SUBDIVISION 5(B) � ; -FILE NO. 03-2908 � ; ; . ; . ' WHEREAS, Ned L. Butterfield and Lorna L. Butterfield, husband and wife, ; (hereinafter"the applicants")are the owners of the property located at 3745 Watertown Road within � , the City of Orono (hereinafter the "City") and legally described as follows: i . � (Exhibit A, attached) . (hereinafter the "property"); and ( WHEREAS,the applicants have made application to the City of Orono for variances '� to Orono Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow construction of a new � - residence on a lot 4.84 acres in area and 185'in defined width where a lot area of 5.0 acres and lot j width of 300' are normally required. � . � NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � � ; FINDINGS � � � 1. This application was reviewed as Zoning File#03-2908. � 2. The property is located in the RR-lA Rural Residential Zoning District, which � � requires a minimum lot area of 5.0 acres and minimum lot width of 300'. The area ' of the property is 4.84 acres (210,739 s.f.) and defined lot width is 185'. � � � 3. The Planning Commission reviewed this application at a public hearing held on 1 June 16, 2003 and recommended approval of the lot area and lot width variances, � based on the following findings: I � � a) No additional land is available for acquisition by the applicants to make the property conforming in area or width. i '� Page 1 of 5 - � < ; � � . � �� ~ � . . • 0 � � : s � CITY of ORONO � - ;-: � ti �� G�' RESOLUTION OF THE CITY COUNCIL `9kES8�4 NO. � � � � 3. Applicants shall eliminate all non-residential uses on the property such as commercial . storage, etc. unless such uses are allowed by CUP or license, in which case the proper approvals shall be obtained if applicants wish to continue those uses. The applicants are advised of limitations on continued commercial greenhouse use of the property, given that the conditional use permit for such use which previously existed is no longer in effect. 4. Due to past concerns with commercial storage on the site,applicants are advised to eliminate �; any non-residential uses of the properiy absent appropriate permits, and are advised to ; eliminate the clutter and debris on the property and maintain the property in a manner that ' will match the character of this rural residential neighborhood. ; , j 5. 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 (June 23, 2004). � _ •'J 6. Violation of or non-com liance with an of the terms and conditions of thi p y s resolution shall ' constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. , , 7. 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. � I i Adopted by the Orono City Council on this 23rd day of June;2003. � ATTEST: . � I _ �� , �. I Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � I � Property Owner(s) � �� I ; Page 3 of 5 . � , � °� - � . . • � �: ° �= s I�. CITY of ORONO . � ��Y ;. . Y7 . . � � �� G�' � � RESOLUTION OF THE CITY COUNCIL `�kEsKO4 � NO. � 0 0 3 STATE OF MINNESOTA COUNTY OF HENNEPIN � . . On this�'�day of �GLrc.2_._ , 2003, `�'leG� o�°. ��L°/'�iE/� �yc�e� personally appeared before me, who is personally known to me � �/ whose identity I proved on the basis of_ /`�ct�P�c,4 � - 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. � � � �, `•��4iV1�.t71�i.JLJ WWwLK �� . ... ;.'��Fi :��;,: ; ;:��i�•tr;�::�,�,.,:�, Notary Public ``� h,iy f'amr�s��:�Lxpir�a:c.�,.:,1,i008 . STATE OF MINNESOTA • COUNTY OF HENNEPIN On this�day of�u �,� , 2003, L a r n � L, �u.��-�r-�'e 1� 11�a rr,'�e d personally appeared before me, who is personally known to me �whose identity I proved on the basis of _ /1'//✓ G��,�.�e�� '.,� �,,,�� 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. � •��UNDA S.VEE // . `# �y��• NOTARYPUBLlC.MINNESOTA ' � "�P� �.��z ti'�1'�bn ExAhes Jan.31,2oos � Not Public i Page 5 of 5 , , . : . .— - .. - �X�1�1�' � i � � �p��.remN /V�+, : � 0 � 3� . � , � . � . � � . . � , � � i . f i I I LEGAL DESCRIPTION OF PREMISES : j Tract 1 � � That part_ of the Southeast Quarter of the Southwest Quarter of Section 32, ? Township 118, Range 23, Hennepin County, Minnesota, described as follows: � Corrmencing at the Southwest corner of said Southeast Quarter fo the Southwest � � � Quarter ; thence South 89 degrees 54 minutes 36 seconds East , assumed bearing, � � � , along the South line of said southeast Quarter of the Southwest Quarter, a � � distance of 149.03 feet ; thence North 03 degrees 14 minutes 50 seconds East, _ � • a distance of 654.94 feet to the actual point of beginning of the tract to be j`� described; thence North 03 degrees 14 minutes 50 seconds East, a distance of ' 446.69 feet to the centerline of Watertown Road (County Road No. 6); thence ' ' South 67 degrees 13 minutes 56 seconds East , along said centerline, a distance , of 179. 17 feet ; thence South 00 degrees 54 minutes 40 seconds East , a distance ' of 1031 .03 feet to the South line of said Southeast Quarter of the Southwest � Quarter ; thance Nor±h 89 degrees 54 minutess 36 seconds West , along said • South line, a distance of 196.51 feet ; thence North 00 degrees 54 minutes � 40 seconds West, a distance of 654.04 feet to the point of beginning. ' ' Tract 2 That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin Coun'ty, Minnesota, described as follows : Corrmencing at the Southwest corner of said Southeast Quarter of the Southwest � Quarter ; thence South 89 degrees 54 minutes 36 seconds East , assumed bearing, � along the South line of said Southeast Quarter of the Southwest Quarter , a distance of 149.03 feet to the actual point of beginning of the tract to be � described; thence North 03 degrees 14 m�nutes 50 seconds East , a distance of { 654.94 feet ; thence South 00 degrees 54 minutes 40 seconds East , a distance � of 654.04 feet to the South line of said Southeast Quarter of the Southwest � Quarter ; thence North 89 degrees 54 minutes 36 seconds West , along said i South line, a distance of 47.50 feet to the actua► point of beginning. � •. . � i . � • ( - NOTE : Legal descriptions are from a survey by Westwood Professional Services dated 1-26-90. 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