HomeMy WebLinkAboutResolution 4562 s
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��e. - CITY of ORONO
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�� G'� RESOLUTION OF THE CITY COUNCIL
, ��kESH�4�' NO. '� � �� � �
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (B) AND DENYING
VACATION OF PLATTED RIGHT-OF-WAY
FILE NO. 2626
WHEREAS, William B. Peterson and Lynae M. L. Peterson, (hereinafter "the
applicants")have an interest in and Stephen D.Towle and Janet Gilbert are owners(hereinafter"the
owners")of the property located at"420"9�o Orchard�Road within the City of Orono(hereinafter
"the City") and legally described as follows: pa rk
Lot 8,Orchard Park,Hennepin County,Minnesota(hereinafter"the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.27, Subdivision 5 (B)to permit the property to be a buildable lot where 4.3
• acres exist and 5 acres are required for residential use and the applicants have requested vacation of
platted right-of-way; and
� 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 October 16, 2000, 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#2626. . . .
. 2. The property is located in the RR-lA, Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on October 16,2000 and
recommended approval of the lot area variance by a vote of 6 to 0. �
4. The Planning Commission made the following findings of fact:
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�� G'� . RESOLUTION OF THE CITY COUNCIL
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A. The lot is similar in design and dimension to all lots within the plat of
Orchard Park.
B. The properry meets the minimum lot width standard for lots in the RR-lA
district.
C. The property does not have direct access to a developed public road. Access
to Orchaxd Park Road would be via a 33'wide platted right-of-way that was
dedicated within the plat of Orchard Park.
D. A lot combination has been completed on the lots located to the north of and
surrounding the subject property. The total land area of those lots is
approximately 23 acres (Lots 5, 6, 7, 9, 10 Orchard Park). The eastern lot,
located north of the subject property, does not have access to a public road.
• The only potential access that exists is through the 33' right-of-way that is
proposed for vacation.
E. The plat of Jacobs Mill, completed in 1999, is east of the plat of Orchard
Park. No access to Jacobs Mill Road would be available due to a large
«-etland located on Lot 6.
F. Two suitable septic site designs have been submitted by the applicants and
have been approved by the On-Site Systems Manager.
5. 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 to lot area 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.
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6. 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 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 grants a
variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be
a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the denial of the
requested vacation of platted right-of-way. Variance approval is subj ect to the following conditions:
1. Applicant shall receive approval from the MCWD for the land alteration within a
wetland.
• 2. Final Grading Plan for the driveway shall be approved by the City of Orono.� �
3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land
alteration and grading on the lots as required by the On-Site Systems Manager.
4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the
private driveway within the public right-of-wa}�and agree that others requesting use
of the public land within the 33'platted public right of way are permitted for access
purposes to adjacent properties, subject to review by the City Public Services
Director.
5. Authorities granted by the variances 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
(November 13, 2001).
6. Violation of or non-compliance with any ofthe terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor. '
7. The undersigned applicants and owners have read,understand and hereby agree to
the terms of this resolution and on behalf of themselves,their heirs, successors and
• assigns, hereby agree to the recording of this resolution in the Chain of Title of the
� � property.
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4. - CITY of ORONO
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��i G'� RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on
the 13th day of November, 2000. �
ATTEST:
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Linda S. Vee, City Clerk Gab ' 1 Jabbour, Ma r
t
�+-�I►.►..�. i7 �
Property Owner operty Owner
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• Applicant A�� licant
STATE OF MINNESOTA )
) ss. •
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of November,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
muni�i al co oration and said instrument was executed on behalf of the City.
MARY ANN JONNSON
.,� NOTARY PUBUC-MINNESOTA C�� �
M1'�bn Explres Jan.31,Z005 ��•r✓
Notary Pu ic
STATE OF MINNESOTA ) ,
) ss. ,
COUNTY OF HENNEPIN )
On this � s-� day of D e� e m .}�ee , 2 p o a ,before me a Notary Public within and
for said County,personally appeared W t 1I i u rN � .�P e-�e�e s o n, rn� +e�rP� 1�own
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 deed.
• MARY ANN JOHNSON
NOTARY PUBLlC-MINNESOTA �
':„,: A�y Camibston Expira�an.3t,20os Notary P blic
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��6. - CITY of URONO
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�� G'�' RESOLUTION OF THE CITY COUNCiL
��S�I�g'� NO. � � �'9 �-.�� .
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this ��5t day of �eC C'►�n���2 ,20 �° ,before me a Notary Public within and
for said County,personally appeazed S�e v h�is U- To�le, vr�a�e�%e�_ known
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 deed.
.:Fs;� MARY ANN JOHNSON �� ��
'�h• NOTARY PUBLIC•MINNESOTA
�"� My Cartrr�esbn ExpUes Jan.31,2005
Notary P lic `
STATE OF MINNESOTA )
) ss.
• COUNTY OF HENNEPIN )
On this af sf day of �e.��r����e ,20 °a ,before me a Notary Public within and
for said County,personally appeazed J �c�n e-� G�� ber��; v�'�a ►�K��� �o�
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 deed.
-s ``' MARY ANN JOHNSON ;� �
• �x'-�� NOTARY PUBLIC-NUNNESOTA
>;„�. My C•orr�ssbn Expires Jan.31,2005 -
Notary P lic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �n day of �e C � rn � eK ,20 0� ,before me a Notary Public within and
for said County,personally appeared ,L�t n 4� />1. �. �e+e�S aN� vr� Q �2�: �e� �own
to me to be the person(s)descrihed in and who executed the foregoing instniment,and acknowledged
that he (they) executed the same as his (their) free act and deed.
� . , . , (�J
� ..��� MARY AiVN JONPdSOPJ Notary P lic
}, NOTARY PUBLIC-MINNESOTA
'�"R My Comrnisslon Expires Jan.31,2005
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