HomeMy WebLinkAbout1983-11-14 Resolution 1581City Of ORONO
RESOLUTION OF THE CITY COUNCIL
Granting A Variances To Municipal
Zoning Code Section 34.842 - File 789
Whereas, Richard L. Howell (hereafter "applicant") has an
interest in the property located at 965 Edgewood Hills Road within the
City of Orono (hereafter "City") and legally described as Tract B,
Registered Land Survey No. 1098, Hennepin County, Minnesota,
(hereafter "the property"); and
Whereas, the applicant has applied to the City for variances
to Municipal Zoning Code Section 34.842 to permit the construction of a
single family residence on a property that consists of approximately
1.5 acres instead of the required 2 acres to be located 30 feet from the
front property line instead of the required 50 feet.
Nova, Therefore Be It Resolved by the City Council of Orono,
Minnesota:
Find ing
1. This application was reviewed as Zoning File No. 789.
2. The property is located in the RR-1B Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on
October 17, 1983, and recommended approval of the proposed
variances based upon the fallowing findings:
�) Severe slopes on east portion of lot restrict building
envelope.
b) Only area available fo. on -site septic systems intersects
the building envelope.
c) The proposed development -)f Tract B will create no traffic
hazards nor be detrimental to the putlic health, welfare and
safety.
d) The proposed development of Tract n is consistent with the
rural and on -site septic standards of the City.
e) Applicant is creating turnaround on property to s •e
emergency vehicltis by constructing a loop driveway.
City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 1581
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the owner and other interested
persons, and the effect of the proposed variances 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 variances
would not adversely effect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the owner, but is necessary to
alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner; 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 the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Section 34.842 to permit the
construction of a single family residence on a property that consif-ts
of 1.5 acres in area instead of the required 2 acres to be located 30
feet from the front lot line instead of the required 50 feet, subject to
the following conditions:
1. Prior to issuance of a building permit, the applicant must
submit septic design and final site grading plan.
2. Applicant must provide City with temporary erosion control
plan to cover entire construction period this would include all
preliminary grading.
3. No other variances are granted or permitted for this
structure.
4. Authorities granted by this variance run with the property
not with the oliaer, but are permissive only and must be exercised
by appl icatic.n for a building permit within one year of the date of
Council approval, or this variance will expire on that date
(November 14, 1984).
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1581
5. Violation of or noncompliance 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.
6. The undersigned owner 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.
'.dopted by the Orono City Council or this 14th day of November,1983.
ATTEST:
City Clerk
roperty ner(s)
Property Owner(s)
(3)
Property Owner(s) __
CITY OF ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1581
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) 1
On this CV day of 1983, before me a Notary
p wit in nd f9r said County, personally appeared
known to me to
be t e person(s) de!kribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed.
VCM
a
J�m 40FAWN MD@60 Y`M
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
�0-C7�f 9�
MY COMMISSION EXPIRES
On this as day of ltl0d - iVh:f : 1983, before me a Notary
Pu lic within ond for said County, personally appeared
known to be the
person(s) described in an who execute t e oregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act
and deed.
' Margaret M. Sullivan i
HJ'A'f PUKIC-FAWN jt,, 4
RAMSEY COUNFT
rvcOMMt//ION UryAC/ FeL 14, 1986
NOTARY P BLIC
';� __'� �/- A
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Alberta M. Strom, City Clerk of the City of Orono, Hennepin
ity, 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 Mint%tes of the
proceedings of said City Council at a meeting of said City Council held
on November 14 , 19 83 , and that the same is a
true and correct cop; of said orig nal record and that said resolution
was duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
15 , day of November , 19 83
Alberta M. Strom, City Cler�c�
(SEAL)
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 396.77.
Bruce D. Malkerson, City Attorney
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
October 22, 1984
City of Orono
Attn: Ms. Jean Mabuths
P.O. Box 66
Crystal Bay, MN 55323
Dear Ms. Mabuths:
ICHARD L. HOWELL
PRFSIDFNT
�
1�
OW
The attached copy of the City Council resolution
#1581 describes a variance granted to Tract B, Registered
Land Survey No. 1098 (known as 965 Edgeweod Hill Road),
dated November 14, 1983.
In the anticipated development of that land, several
unexpected delays have been encountered, the most impor-
tant of which being the sale of other property not occur-
ing until many months after the expected date. The result
of this is that it will not be possible to apply for a
building permit within the required time expiring November
14, 1984.
As you informed me by phone today, I would ask that
you accept this letter as a request to extend that time
period as mucn as the City would consider. I understand
that, if a building permit application occured after that
date, further action by the City would be required.
Thank you for your consideration.
RLH/vf
Sincerely,
PAU4414 4 40%e 06
Richard L. Howell
n
1820 DAIN TOWER/MINNEAPOLIS, MINNESOTA 55402/(612) 371-2823