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Home My WebLink AboutResolution 4781 y' " < , . /�� - � o 0 ��b. - CITY of ORONO � � �� G'�' � RESOLUTION OF THE CITY COUNCIL ��sxo4`'� rvo. 4 7 � � A RESOLUTION GRANTING VARIANCE . TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2765 WHEREAS, Wilson Management Ltd., (hereinafter "the applicant") is the owner of the property located at 740 Willow Drive South within the City of Orono(hereinafter"the City") and legally described as follows: . Lot 11, Block l, Webber Hills, Hennepin County, Minnesota. (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 permit new residential construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet wide where 200 feet is required. � ` . . 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 March 18,2002,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#02-2765. 2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.038 acres. 3. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at�least 1970. • B. The residence on the property was demolished by permit in December 2000. Page 1 of 5 i�� O� • • O O ��b. - � � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��SHO4� � rva � 7 � � C. The site plan indicated the proposed setback 30'to the side properry lines,75' to the rear properry line and 53' to the front property line, which meets the minimum requirements of the RR-1B zoning district. , D. The subject property received lot width and.lot area approval by the City Council on February 26, 2001 to construct a new single family residence. E. The lot can be developed without the need for further variances. F. There is no additional land to combine with the property. 4. 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 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 applicants 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 1.03 8 acre lot where 2 acres is required and having a lot width of 162 feet where 200 feet is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. � Page 2 of 5 � , j� . � � . � 0 0 ��e. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��SHO4� � No. _ � 7 � � 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 (March 25, 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,sha11 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, his 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 25th day.of Mazch, 2002. � � ATTEST: � �.�- ,�__�/� � - Linda S. Vee, City C erk Barbara A. Peterson, Mayor �� SI�'�J Pro erly Owner(s) ��- (�! ��SO� `r� L7`-(� ATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of Mazch,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Mi '�,�,��pa�ratiar��rid`�aid instrument was executed on behalf of the City. �;��,(;w';'t�u��G � i�pTAit"I�U3�;1-tri�iNESOTA P:.�Coi��m;:,:;�P:res Jan.31,2005 . , Notary Public � � Page 3 of 5 i�� 0� • . O O ��b. - C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`�$E pg'�G . N O. � � � .� �SH . . STATE OF MINNESOTA COUNTY OF HENNEPIN S�- ?-��/ The foregoing instrument was acknowledged before me on this f day of-��1�,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. R�CH�L DODGE ��.��. ,Oc.��t�� "".`� NOTARY PUBLfC-MINNE^OTA Notary Public ��`'�} My Commission ExPk'es�.31�2005 .;�:. • STATE OF MINNESOTA COUNTY OF HENNEPIN / � � On this day of �1.��'� , 2001., ✓'�^' � �e Lsa � ��-� — persona y appeared before me, • � who is personally known 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 acknowledged that he/she/they executed the same as his/her/their free act and deed. . � KA�'f-{LYN J.WHRMAid � � NOl';lfiY PU�LtG t�fl�TA � :,.:� �� tary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � On this day of , 20_, personally appeared before me, � who is personally known 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 acknowledged that he/she/they executed the same as his/her/their free act and deed. � i Notary Public . 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