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Home My WebLink AboutResolution 4868 � `� i � „ � " � � O� . � � � O - �..� C ITY of ORONO . ,� -_ � _ � �b i' � ti RESOLUTION OF THE CITY COUNCIL �L`q Og'�G NO. � � � k'ES8 A RESOLUTION GRANTING VARIANCE � TO MUNICIPAL ZONING CODE � SECTION 10.28, SUBDIVISION 5 (B), � FILE NO. 02-2824 � WHEREAS, Tom Betz (hereinafter "the applicant") is the owner of the property located at 1045 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, (hereinafter "the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28,Subdivision 5(B)to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. � WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the`Orono Planning Commission held a public hearing on September 16,2002,at which time all persons desiring to be . heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2824. � 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. , 3. The Orono Planning Commission reviewed this application on September 16,2002 and recommended approval by a vote of 7 to 0. 4. . The Planning Commission made the following findings of fact: . A. The property has been developed with residential use since at least 1900. ' � � 1 of 5 � � O� � O >=�. ' O g C ITY of ORONO ,� ,, ,. �, . ; � ,.. , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESI30g'�G NO. 4 � � � B. The property can be developed without the need for further variances. C. The lot size is consistent with that of other developed properties in the . neighborhood. 4. The City Council finds that the conditions existing on this properiy are peculiar to it and do not apply generally to other property in this zoning district;that granting the variance will 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. 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 variances 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 10.28, Subdivision 5 (B) to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district.Approval is . subject to the following conditions: 1. Council approval is based on residence meeting all setbacks,height,lot coverage by � structures and sewer being available to the property or an approved primary and . alternate septic site prior to issuance of a building permit." � 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 these variances will expire on that date (September 23, 2003). . 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. ' # . � _ 2 of5 `. - - . � � O� • O � O '�� CITY of ORONO S A- � ? ' �✓`�� . ,bf C� � I � � RESOLUTION OF THE CITY COUNCIL • ��`�kEsI3�4�G . NO. � � �i � 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 City Council of the City or Orono,Minnesota at a regular meeting held on the 23rd day of September, 2002. ATTEST: - ` � � � �. �'�� Lin S. Vee, City Clerk Barbara A. Peterson,Mayor � Property Owner(s) . • ' � : STATE OF MINNESOTA � COUNTY OF HENNEPIN -Z�,.Q�• The foregoing instrument was acknowledged before me on this-�3�d day of September,2002 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � Notary Public � '' �:_;:��11�. LESKINci`� STATE OF MINNESOTA ° NOTARY PUBLIC-MINIESOTA ;: ,;,,�. � My Commissicn Expires Jan.31,2005 COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �7 day of September, 2002 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. � , � Notary Public � 3of 5 DENISE M.LESKINEN NOTARY PUBLfC-MINNESOTA (yty Cortunission Expfres Jan.31,2005 l � �� CITY of ORONU �.-- : ,, _. �„ � ,b��'`' � ti RESOLUTION OF THE CITY COUNCIL �� pg'�G NO. � � � ,� kESI3 . STATE OF NIINNESOTA COUNTY OF HENNEPIN 2003 � On this � day of �r�;�6�2;__ T,�/vtiG9s 2• 13E7z nersonally appeared before me, who is personally known to me �hose identity I proved on the basis of �� 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. Notary Public DENISE M.LESKINEN STATE OF MINNESOTA ��janE307�5 • COUNTY OF HENNEPIN On this day of , 2002, personally appeared before me, who is personallyknown to me � whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and aclrnowledged that he/she/they executed the same as his/her/their free act and deed. � . Notary Public � 4 of 5 � � � Exhibit A r> = . . - � �.� � � . - . LEGAL OESCRIPTION OF Pfifl�115E5 : That port ot Covermnnt Lot 6 In Saetion 10 Torm�htp 117 North, Range 23 Wes,t, deaerThed aa followa : 8eginning ak a pofnt on the East iine of so�d lot. 66 teet South of the Northeast corner thereof; . thence continuing South on aoid Eaat lina 202.42 feat; thance Weet at right anglae to aaid Eaat Ilne on a Iine wh(ch beare Sout6•41 daqraee West through tho point of be9inning: thonce North 41 degrees Eaat to the poTnt of bnpfnnFng. . • • • ALSO: . . That part of Goverrment Lot 6 ln Section 10 Toxnship 117 North. Range 23 West. dascrl6ed as follows : Carnnncinq at a po(nt on the East Itne ef aa�d lot, 66 feet South of the Northeast corner thereot; thanc• continuing South alang aatd Eaot Itna 202.42 f�at to th• point af hagtnning of tha Praparty beinq descrTbed; thence�eontinuTnq South on said East 11ne 245.a6 feet• thenee West at riqht angles � to said Ea�t ITne to a Itne rhieh bears Sauth 41 dngrses West through.tho p�otnt oT etrm�uneernnt; thence Narth 41 degreea Eaat to a Itne drawn Weat tF�rough the point of 6agTnnTng at right anglen wtth said Ecst Itna; thenea Eaat to the point ot beglnning. • • Page 5 of 5