HomeMy WebLinkAboutResolution 3920 I
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��b: � CITY of ORONO
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��� �L'� . RESOWTION OF THE CITY COUNCIL �
� � �kESHOg' . NO. 3 9 2 0 -� .
A laESOI.U'TIOlp1 GItANTING � .
A VARiANCE TO
MiJNgC��I. ZOIVING COI)E
SECTION 10.56, SU�D�SION 16 (C)
FILE #2249 �
� �12EAS, the United States Marshal (hereinafter "the applicant") is owner
of the property located at 2245 French Lake Road within the City of Orono (hereinafter "City")
and legally described as follows: . �
Lot 1, Block 1, Johnston's French Lake, Hennepin County, Minnesota (hereinafter "the
property��), and .
� WHEI�AS,�the applicant has applied to the City for a variance to Municipal
•� Zoning Code Section 10.56, Subdivision 16 (C) to perniit the construction of a new� septic
system to be located 97' from the shoreline of French Lake where a 150' setback is normally
required.
. NOV6V, T�I�FORE, �E IT RESOI,VEID by the City Council of Orono,
Minnesota: . �
�'�NDINGS
1. This application was reviewed as Zoning File #2249.
2. The property is located in the RR-1B, Single Family Rural Residential Zoning
� . District.
� . 3. '� The Orono Planning Commission reviewed this`application on June 16, 1997, �
. arid recommended approval of the proposed variance based upon the following
fmdings:
A. The property contains a non-conforming septic system due to lack of
� drainfield separation from the seasonal water table.
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B. The only feasible site for replacement of the existing system is 97' from
� the Ordinary High Water mark of French Lake.
C. Zoning Code Section 10.56, Subdivision 16 (C) requires that any septic
system be located at least 150' from a Natural Environment Lake. The
� property was developed prior to adoption of the 150' setback, and the
configuration and layout of existing improvements on the property make
. it impossible to locate a septic system at a confornung location on the
property. �
D. The proposed system has been designed to meet all the pertinent State .
standards.
E. Granting of the proposed variance will have no impact on neighboring
• " � properties and will have a positive impact on the quality of French Lake
by allowing the replacement of non-conforming septic system with one
that is expected to provide adequate sewage treatment in all anticipated
ground water conditions.
4. 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.
5. The City Council fmds 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 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. �
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'�' RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, O�ER ANII) COli1I➢�'�IO1eTS � . .
Based upon the above fmdings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Sectiun 10.56, Subdivision 16 (C) to permit the construction of an
on-site sewage treatment system located 97' from the shoreline of French Lake where a 150'
setback is normally required, subject to the following conditions:
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 pernut within one year of the date of Council approval, or this variance
will expire on that date (June 23, 1998).
2. 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
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
3. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of itself, its heirs, successors and assigns, hereby
agrees to the recording of this resolution in the chain of title of the properry. -
. Adopted by the Orono City Council on this 23rd day of June, 1997.
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Doroth ' , ' Cl , Gabrie abbour, Mayor
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Pr e Owner(s)
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'�' RESOLUTION OF THE CITY COUNCIL
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� STATE OF MINNESOTA ) � . '
) ss.
� COUNTY OF HENNEPIN )
The foregoing instnunent was acknowledged before me on this 23rd day of June, 1997,
by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
and said instrument was executed on behalf of the City.
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•M JAMIE L GEMAR
r . � ' NOTA1iY�CODUNT1�Ta �rrr.ca�
• �MM �,�y�on Fa�res,�an,3t,200o Not ublic .
STATE OF MINNESOTA ) �
� ) ss.
� � COUNTY.OF HENNEPIN� ) � : .
On this �s day of , 199� before me a Notary Public within
and for said county, personally peared 5
known to me to be the person(s) described in ho executed tlie forego' g instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
�
� M JAMIE L GEMAR
:� NOTARYPl18llC-MINNESOTA �
• ' HBdNEPIN CdUNTY �
•,••�'�� N1y Cammisslon Exp(res Jan.31,2000
Not Public
STATE OF MINNESOTA )
) ss. . �
� . COUNTY. OF HENNEPIN ) . � �
On this day of , 199 before me a Notary Public within
and for said county, personally appeared �
lalown 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.
� IVotary Public .
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