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HomeMy WebLinkAboutResolution 4036 68"76120 0 0 CITY of ORONO . F 0 RESOLUTION OF THE CITY COUNCIL SH0 NO. - 4-C, 15:�, 6 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 5(B), FILE NO. #2334 WHEREAS, Jeffrey and Elizabeth Jacobsen (hereinafter "the applicants") are the owners of the property located at 127 Chevy Chase Drive within the City of Orono (hereinafter "the City") and legally described as follows: &X,/2/ Lot 14, Block 1; Hill O' Way Manor (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.20, Subdivision 5(B) to permit the construction a new residence on a lot of record that does not meet lot area requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2334. 2. The property is located in the R-lA Single Family Residential Zoning District requiring 1 acre in area. The property consists of 23,731 s.f. or .54 acre. 3. The Orono Planning Commission reviewed this application on February 17, 1998 and recommended approval of the proposed variance based upon the following findings: 1. A residence had previously existed on the property. 2. The lot was platted prior to current zoning requirements. 3. No other variances are necessary in constructing the proposed residence. WXNEPIN COINNry,'.P.}!:.a.E;�SF*141!i Page 1 of 4 MAR z4. 9Y .� 01V. 0 0 b - CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH0 NO. _ �;6 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 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 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 10.20, Subdivision 5(B) to allow the construction of a new residence on the zoning lot consisting of 23,731 s.f. or .54 acres where 1 acre is required. 1. Authorities granted by this variance run with the property not with the applicants, but are permissive 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 (February 23, 1999). 2. 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. 3. 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. Page 2 of 4 0 0 b - CITYof ORONO A ti RESOLUTION OF THE CITY COUNCIL �kESH0 NO. _ Adopted by the City Council of the City of Orono, Minnesota at a regular rripg tied.,on the 23rd day of February, 1998. �md ' 'Vey,` City Clerk Gabri Jabbour, M r roperty Ober (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of February, 1998 by Gabriel Jabbour 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. KLA to Public cup •�,.. My Commlalon 6i "JW 31,2000 Page 3 of 4 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �9kESHOg� NO. 4 0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 1A q41 day of . ' ,��u , 199, before me a Notary Public within and for said county, personally appeared r 4 � known to me to be the person(s) descr` in and who ex uted th foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 4NOMONCOUNTY E**::My JAMIE L GEMART TA NRY PUBLIC wa m Gip=Jan.31,2000 N 11101111 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_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 4 w ' r 4 RESOLUTION# 4036 A STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on February 23. 1998 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th day of February , 19 98 Linda S. Vee, City Clerk A as e t n l/ J z,• t rf f.� ' rn r v r r - .. J t T �t 1 f 68'76120 6APR9814:26 A6876120 SCD $4.50 6APR9814:26 A6876120 DOC $16.00 OFFICE OF r. LINTY RFCG,f?ER HENNEPIN Ci;U tTY.11111ASESO-14 CERTIF!'n FILEN M0 OR 93 AP —6 PSI 2: 34 'is o0c,uli-EN : 68'76120 CO.R SCC^CER E c�