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HomeMy WebLinkAbout1989-05-08 Resolution 2633City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2633 A RESOLUTION GRANTING AN AFTER-THR-FACT VARIANCE TO MUNICIPAL ZONING CODS SECTION 10.55, SUBDIVISIONS 8 FILE #1394 WHEREAS, on March 15, 1989, Dennis E. Evans (hereinafter "the applicant") agreed to make application to the City of Orono for a variance as a condition to the sale to Jackson L. Wilson and Judith E. Wilson, husband and wife, of the Property located at 3059 Farview Lane within the City of Orono (hereinaf t<,r "City") legally described as Lot 6, Block 1, Farview, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after -the -fact variance to Municipal Zoning Code Section 10.55, Subdivisions 8 to permit a portion of the pool and deck area as well as an addition to the principal structure, as shown on the survey of Schoell & Madson, Inc. dated January 5, 1989, prepared for Chase Manhattan Financial Center, Inc., to remain 20' from a designated wetlands instead of meeting the required 26' setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1394. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 2+ contiguous acres in area. 3. The Oronr, Planning Commission reviewed this application on April 17, 1989, and recommended approval of the after - the -fact variance based upon the following findings: A) The issuance of Permit #4082 by the City of Orono for the addition on September 10, 1979 confirms that owner at that time had complied with all requirements and zoning standards of the City. B) The building was put up in good faith and reliance upon City approval. C) The denial of this variance years after completion of construction would create an unmarketable property and would be economically unfeasible to correct. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COI L'UC'L NO. 2633 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the Fth day of May, 1989. James R. Gra e , Mayor Ju43:th E. Wilson, Owner Dennis E. Evans, applicant STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 1989, 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. ry Pub11C LAUR)�VSCHEFFLER �:� NCTa �'V IC—.�r:rvt�lSOTA HENNEPIN COUNly My Comm, -.non •Rouese-d-93 My Commission Expires Page .s of 4 S City of ORONO RESOLUTION OF THE CITY COI L'UC'L NO. 2633 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the Fth day of May, 1989. James R. Gra e , Mayor Ju43:th E. Wilson, Owner Dennis E. Evans, applicant STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 1989, 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. ry Pub11C LAUR)�VSCHEFFLER �:� NCTa �'V IC—.�r:rvt�lSOTA HENNEPIN COUNly My Comm, -.non •Rouese-d-93 My Commission Expires Page .s of 4 S City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2633 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this qt� day of 11 1981 be' --ore me n� Notary Public within afor said county, personally appeared (i ('K�rx L. • L��, /� �- —1r, dr=��'+' �'��yknown to me to be the pers n(s) described in `and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. THaft ► L. NAAs NRNI� N�w sad MY COMMISSION EXP STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) On this C7- day 1 of 198q, before me a Notary -'2-0 Public within and fo sai. y, personally appeared Dennis E. Eyan4 nina,P town to me to be the person(s) described in and who executed he foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. t 417 NOTARY PUBLIC LOIS MONSON Notary Public, Dakota Co., Mn. My commission expires July 7 1994 MY COMMISSION EXPIRES Page 4 of 4 DESCRIPTION FOR: DENNIS EVANS Prepared By: C SCHOELL & MADSON, INC. Engineers Surveyors. Planners Soils Testw.a 10550 Wayzata Boulevard Minnetonka. Mn. 55343 Tel. 546-7601 Description For Easement To Be Vacated That part of the drainage easelaent over, under and across Lot 6, Block 1, FARVIEW, according to the recorded plat thereof described as follows: Commencing at the most easterly corner of said Lot 6, thence on an assumed bearing of South 23 degrees 48 minutes 37 seconds West along the easterly line of said Lot 6, a distance of 240.89 feet; thence South 29 degrees 18 minutes 37 seconds West a distance of 50.00 feet; thence South 80 degrees 00 minutes 00 seconds West a distance of 64.00 feet to the point of beginning of the land to be described; thence North 10 degrees 00 minutes 00 seconds West a distance of 10.00 feet; thence South 80 degrees 00 minutes 00 seconds West a distance of 30.00 feet; thence South 10 degrees 00 minutes 00 seconds East a distance of 10.00 feet; thence North 80 degrees 00 minutes 00 second East a distance of 30.00 feet to the point of beginning. Date: March 6, 1989 Harold ah n Land Surveyor MN Lic. No. 8414 Q �g , •fir ~• • 0 • t7 �Iet- 0f7 W-1-1 r-d A ty l tUtiIN 755 F ' OF ANY SHOf-Elil *6 FT F ANY WETLANDS PEA MW AEO 8, FOR 'Ap nm \ K\Wj ♦ 1 ���