HomeMy WebLinkAbout#1576 Recorded Resolution 2861SCANNED
RESOLUTION OF THE CITY COUNCIL..
NO. 2861
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A RESOLUTION GRANTING e!/•
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A VARIANCE TO
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MUNICIPAL ZONING
SECTION 10.23, SUBDIVISION 6 (B),
AND ADVISING FUTURE BUYERS OR OWNERS
OF THE PROPERTY OF THE POTENTIAL NEED
FOR A HOLDING TANK
FILE #1576
WHEREAS, John and Kit Wojcik (hereinafter "the applicants")
are owners of the property located at 3310 Bayside Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 17, Auditor's Subdivision #203, Hennepin County, MN,
(hereinafter "the property")
WHEREAS, the applicants have applied to the City of Orono
for a variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) to permit the construction of additions to the existing residence,
such additions being located 27.7' from the side lot line where a 30'
side setback is normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1576.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 20, 1990 and recommended approval of the proposed
variance based upon the following findings:
a. The house site on the adjacent property to the east will
be approximately 150-200' to the rear, hence the proposed
additions willnot intensify the perceived density of the
neighborhood.
b. The proposed additions are no closer to the side lot
line than the existing house. The hardship is the location
of the existing house, with the intent to provide a more
functional entryway.
TRANSFER EiVTERE�
(1E1''T. Of PROPERTY TAX S PUeI.IC RECO�pS
Page 1 of 4
RESOLUTION OF THE CITY COUNCIL iA
NO.
2861
4. On July 23, 1990, the City Council approved by a vote of 4
to 1 to grant the applicant's administrative appeal of the septic
system codes to allow expansion of the existing bedrooms and
addition of a second bathroom to the residence, subject to a
warning to be filed in the Chain of Title that the existing
septic system is substandard in nature, and that due to poor
potential for replacement of the system based on lot size and
site conditions, a holding tank might be necessary in the future
if the system fails.
5. 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.
6. 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 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23, Subdivision
6 (B) to permit the construction of additions to the existing
residence, such additions being located 27.7' from the side lot line
where a 30' side setback is normally required, subject to the
following conditions:
1. The applicant and all future owners and potential buyers of
the property are advised that should the existing septic system
on the property fail, the size of the property and specific site
conditions may severely limit the ability to replace that system
with a conforming septic system, and that such failure would
Likely result in the need to provide a holding tank for sewage
disposal on the property, such holding tank requiring regular
pump -outs.
Page 2 of 4
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Aty of ORONO `� %'Ilk
RESOLUTION OF THE CITY COUNCibt;y,f .�.
NO.
2861
2. Authorities granted by this variance 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 (August 27, 1991).
3. 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.
4. The undersigned applicant has read, understood and hereby
agrees 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 27th day of
August, 1990.
ATTTT
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in, City Clerk -=-
operty Owners
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this
27th day of August, 1990, by James R. Grabek & Dorothy M. Hallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
I
THERESA L. riAAl3
NOTARY PUBLIC - Mli':iIcSOTA
`,,`� YI HEN!�IE�'IN COUNTY
rl_.cv. My commission expires 9-8-92
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF gENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2861
sse
On this Now day of
before me a Notary Public within
appeared �> k ►) to • l L O i
the person(s) described and
instrument, and acknowledged that
his (their) free act and deed.
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NoHENNRy IEPIN JBUG C�QgNTY
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STATE OFO0�A,MINNESOTA )
COUNTY OF
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a Notary, )
Public within
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On this
persons) described
and acknowledged
(their) free act and
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f r said county, personally
rI E rO known to me to be
who executed the foregoing
he (they) executed the same as
Y PUBLIC
MY COMMISSION EXPIRE
day of � e�}ern �� r 19 9C�, before me
and for said County, personally appeared
known to me to be the
i and who executed the foregoing instrument,
that he (they) executed the same as his
deed.
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1'IOTApY PUBLIC •• MINNESOTA
RAMSEY COUNTY
My commission expires IW045
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MY COMMISSION EXPIRE
Page 4 of 4
RESOLUTION #2861
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on August 27 _ 19 90 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof,
28th day of
I have hereunto set my hand and seal this
ust_ 1990
Dorothy
Hallin, City Clerk