HomeMy WebLinkAboutResolution 4615 :.. , � -y.
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�,� G'� RESOLUTION OF THE CITY COUNCIL
�9kES�I�4�' NO. � 6 1 � '
� A RESOLUTION GRANTING A VARIANCE
� TO MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B),
. FILE NO. 2662
WHEREAS, Rick L. Vogelgesang on behalf of RVC Homes (hereinafter "the
applicant") is the owner of the property located at 1080 Wildhurst Trail within the City of Orono
� (hereinafter "the City") and legally described as follows: '
� Lots 5 and 6, Tonkaview Gardens,Hennepin County,Minnesota., (hereinafter"the
properly"); and
WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.24,Subdivision 5(B)to permit new residential construction on a lot having a width
of 100 feet where 140 feet is required.--� � �
• � . WHEREAS, after due published notice arid 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 February 21, 2001, 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#2662.
2. The property is located in the LR-1B Zoning District,where i acre is the minimum
required lot area. The property consists of approximately .996 acres.
3. The Orono Planning Commission reviewed this application on February 21,2001 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 1960. .
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B. The site plan indicated the proposed setback 10'to the side property lines and
the house would be outside of the 75' lakeshore setback. The entire house
would be located approximately 120' from the lakeshore, which meets the
minimum setback requirements of the LR-1B zoning district.
C. The lot can be developed without the need for further variances.
D. 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 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 properry; would not merely ser�e as a
convenience to the applicant, but is necessary to alleviate a demonstrable hardship
• _ or difficulty; is necessary to preserve a substantial properry 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 fmdings 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.
CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby �ants a
variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential "
construction on a lot having a width of 100 feet where 140'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 Ea:hibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
?. It is the intent of the City Council that variances to develop the lot would not be
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looked upon favorably. �
3. 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
w�u��one year of the date of Council approval, or this variance will expire on that .
date (February 26, 2002).
4. 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.
5. The undersigned applicant has read, understood and hereby agree 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 26th day of February, 2001:
ATTEST:
f . �f� �
inda S. Vee, City Clerk . Barbara A. Peterson, Mayor
-�aT 2 vc
P�rope Owner(s)
STATE OF MINNESOTA )
) ss. "
� ' COUNTY OF HENNEPIN ) . � �
The foregoing instniment was acknowledged before me on this 26th day of February,2001
by Bazbara A. Peterson and Linda S.Vee,Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
� RACHEL DODGE `��� ��� ��—" �
MOTARYPUBLIC-MINNE:OTA Notary Public
A�fp Conxrd�fon Expires Jan.31,2005
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'� RESOLUTION OF THE CITY COUNCIL
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kESH� NO.
STATE OF MINNESOTA )
� ) ss. �
COUNTY OF HENNEPIN ) .
On this 5�� day of �CL.�c-'"� , 2001,before me a Notary Public within and,
for said County,personally appeared L� i c_i�. L- , V U9�%9 �S��'�'�, �eP ��r1c110�V Tl�c��S
to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged
that he(they) executed the same as his (their)free act and �??ed. � � �
RACHEL DODGE ``���--�-�—� �����--
NOTARY PUBLIC-MINNEeoT� Notary Public
My Commission Expfres Jan.31,2006
•.c....c.:
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this day of ,2001,before me a Notary Public within
and for said County,personally appeared
known to me to be the person(s) described in and who executed the foregoing instniment, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
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