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HomeMy WebLinkAbout#12-3547 Recorded Resolution 6415Existing Certs 1087483 / 7 CJ() 8m WYL ~d_ N. 12.ct:A-1 111111111111 Ill 1111111 Doc No T05232532 Certified, filed and/or recorded on Feb 5, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 13 Pkg ID 1203446M Doc Name: Resolution Document Recording Fee $46.00 -------------------Document Total $46.00 This cover sheet is now a permanent part of the recorded document. I CITY OF ORONO RESOLUTION OF THE CITY COUNCIL I C 6 4 1 5 NO. _________ _ A RESOLUTION GRANTING AN EXTENSION OF VARIANCES ESTABLISHED PER RESOLUTION NO. 6147 FILE NO. 12-3547 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on June 25, 2012 the City Council approved Resolution No. 6147 granting a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on the Property to be located 30 feet from the rear or street lot line where a 50- foot setback is normally required; and grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow encroachment of the defined average lakeshore setback; and grants variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow construction of a new residence located 15 feet from the defined top of bluff where a 30-foot setback is normally required and encroaching 5 feet into the defined bluff impact zone where no such structures are normally allowed; and WHEREAS, on June 21, 2013 the Applicants requested and were granted an administrative extension of Resolution No. 6147 pursuant to Orono Municipal Code Section 78- 129 thus extending the approvals granted via Resolution No. 6147 until June 24, 2014; and WHEREAS, pursuant to Orono Municipal Zoning Code Section 78-129, John D. Stavig and Phoebe M. Stavig, husband and wife (hereinafter "the Applicants") on June 3, 2014 applied for an extension of the approvals granted under Resolution No. 6147 for property located at 790 Brown Road North and legally described as follows: Tract F, R.L.S. No. 1275, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the City Council has considered the request by the Applicants for a further extension of the approvals granted under Resolution No. 6147 for development of the Property; and WHEREAS, the Applicants were not able to commence construction within the allotted one-year established by Resolution No. 6147 or within the one-year extension granted; and Page 1 of 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. -------'-6 ~4_1-=5 __ WHEREAS, the approvals granted by Resolution No. 6147 expire on June 24, 2014;and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension to June 24, 2015 of the approvals granted under Resolution No. 6147, subject to the following conditions: 1. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining building permits by June 24, 2015 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 6147 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants, 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 Orono this 23rd day of June, 2014. ATTEST: l./!._{R_ L tee(' /)oej}f.-/ Rachel Dodge, City Clerk / j;t,µ~ Lili Tod McMillan, Mayor Page 2 of3 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 4 1 5 NO. _________ _ This instrument was acknowledged before me this/a"aay of ~,,_.,,ro14, by John D. Stavig, husband of Phoebe M. Stavig. · · giic 'it ·uer se11dx3 UO/SS/WWOJ Ay,J '.1.0S3NN/Yv • Jnand ,U:NlON S83fl "13NVIO STATE OF MINNESOTA COUNTY OF HENNEPIN ~~a,~~~ ublic 5 This instrument was acknowledged before me this .9_ day of ~lat\ IA~, 201,1'., by Phoebe M. Stavig, wife of John D. Stavig. " MONICAA. FADNESS Jli,iAA(~ Q. ~ Notary Public -~ NOTARY PUBLIC MINNESOTA ,£:,~t>,l!J:? My Commission Expires Jan. 31, 2017 -~ Page 3 of3 STA TE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 23, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof.