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Home My WebLink AboutResolution 4438 � � O� . • � � CITY of ORONO b• ' � "�,� Gti� RESOLUTION OF THE CITY COUNCIL �9kESH�g''�' N0. '4 �. � � A RESOLUTION GRANTING A VARIANCE , TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 2565 WHEREAS, Peter L. and Geri G. Scherer (hereinafter "the applicants) are the � owners of the property located at 15 Orono Orchard South within the City of Orono (hereinafter "City") and legally described as follows: � . _ . That part of the northwest quarter of the northwest quarter of Section 2, Township 117, Range 23, which lies northerly of the Luce Line Trail, Hennepin County, Minnesota (also known as Property Identification Number 02-117-23 22 0002) (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal • Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a lot 80' in width in the RR-1B zoning district where required lot width is 200'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2565. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. - 3. The Orono Pianning Commission reviewed this application on March 20,2000 and reconunended approval of the proposed variance based upon the following fmdings: A. The shape of the property does not allow conformity to the City of Orono's 200' frontage requirement. The lot is triangular in shape and is approximately 80' in width at the 50' front setback; and ranging from 280' to 320' in �width at the proposed building site which is located approximately 600' from the front lot line. � � � Page 1 of 5 .� � � �— � O� • O O �6. - CITY of ORONO � � ti �',� G'� . RESOLUTION OF THE CITY COUNCIL ��kESI3�4� NO. d� �._�� _ . B. Adjacent property to the south is the Luce Line Trail and to the north is a . � developed residential property containing a wetland near the north boundary of applicants' properry. The adjacent property is not available for purchase to increase the width of applicants' properry at the 50' front setback line. C. Applicants propose to construct a new residence that meets all setback requirements of the City. 4. 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, safery 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above fmdings, the Orono Ciry Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B)to permit the removal of the existing residence and construction of a new residence on the property, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants, but are pernussive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 10,2001). � Page 2 of 5 /` � O� � ' O O �, � CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL • ��`9.IfE p4�'L . NO. � � � � sx 3. Violation of or non-compliance with any of the terms and conditions of this � resolution shall constitute a violation of the zoning code, shall automatically ternunate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the lOth day of April, 2000. • ATTEST: � _ �,.��._ � Lin Vee, City Clerk Ga iel Jabbou yo � ` �- ��`��Z. Property Owner (s) Page 3 of 5 � � J,- . /�� /� �11�' s ° . ° �b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��.kE Hp4��'� N O. � � � � S STATE OF MINNESOTA ) ) ss. � . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of April, 2000 by Gabriel Jabbour and Lin Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.HASEfUTAN �y �� NOTARY PUBUC-MINNESOTA 1 �ti 1� � , � is �c� � =� �:• �,C��i�n Expires Jan.31,2005 _�.•.. .�.�,��..� Notary Public STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) On this 1�day of �,�� , 2000 before me a Notary Public within and for said county,personally appear d,�7 f�,.�, ��p,�,pN,�l',,,.;�'.,. _��rPr� l►��a�a(d�v;-�P, 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. ^rry.Y � CAROLE A.HA5EMAN NOTARY PUBLIC-MINNESOTA ��'�. � �� • � .,,Y�:,j My Comm(ssion Expires Jan.31,2oa5 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000_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 instrument ,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC � Page 4 of 5 _ . .- ::. ' . ' Exhibit A � — ——NO2°�11'13'E'— -- . . �wy wm � � 398.60 11� � �� wur uHC a n�wamiwpT � •1� � ; `�` n�raimnv�sr awrrm a ssna�: I� g .. � �. ` 1A� � � ed� � � � ed � � ��, � �� •.a, . . � ��y pp'� \�♦ � I �� \ y�{ , ' � �`j ` \ `\ . . _J �� \ ' g , � ♦` . \\ . � �N . . ��'� ,g\ 4L.�'�b Sg � ' ��` �\ \ L � 4 �� _ / ��y �s a � `` ��'� ��+� � I �� V s � � �. � 'v ,. �``�`:• � � � �� a F' ��`' � � � '� � � g S�` �� \ �,� ♦ � , h s ��i �� f$�''��J�1 4�� !�j [e � v� ? .65� ��`,� � � ` �� Jv'+j�.4','�.••LR �1 � �\ K�',�Y� Y �� a ` s�f'��'��°.�• � .�� p�'. 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