HomeMy WebLinkAbout#03-2956 Recorded Resolution 5069CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
5069 NO. _______ _
A RESOLUTION GRANTING VARIANCES
TO l\'IUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 03-2956
\VHEREAS, Hossnpat Construction, Inc. (hereinafter "the applicant") is
the owner of the property located at 849 Brown Road North, within the City of Orono
(hereinafter the "City") and legally described as follows:
The South 248 feet of that part of the Southeast Quarter of the Southwest Quarter of
Section 27, Township 118 North, Range 23 West of the 5th principal Meridian, described
as follows: Beginning at a point on the East line of said Southeast Quarter of the
Southwest Quarter distant 354.75 feet North of the Southeast comer of said Southeast
Quarter of the Southwest Quarter; thence North along said East line a distance of 635 .25
feet; thence West parallel with the South line of said Southeast Quarter of the Southwest
Quarter a distance of 990 feet; thence South parallel with said East line a distance of
635.25 feet; thence East to the point of beginning, which lies south and southwesterly of
the following described line: Beginning at a point on the East line of said Southeast
Quarter of the Southwest Quarter distance 384.76 feet North of the Southeast comer of
said Southeast Quarter of the Southwest Quarter; thence west parallel with the South line
of said Southeast Quarter of the Southwest Quarter a distance of 178.00 feet; thence
Northwesterly deflecting right 54 degrees 25 minutes 38 seconds to the north line of the
above described property and said line there ending.
(hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono for a
vaiiance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a
new residence encroaching past the average lakeshore setback on a property abutting
Dickey's Lake.
NO\V, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #03-2956.
Metro Legal Services Inc.
Box 491 Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 9
2. The property is located in the RR -IB zoning district, which requires a
minimum lot area of 2 acres. The applicant's property is 4.37 acres in
area.
3. The Planning Commission reviewed this application at a pcblic hearing
held on October 20, 2003 and recommended approval of the average
lakeshore setback variance based on the following findings:
a. A residence meeting all required building setbacks could not be
constructed on the lot without an average lakeshore setback Yariance
due to the configuration of the property boundaries.
b. Lake views for neighboring properties will not be obstructed due to the
topography of the lots to the north and south.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicant and the public, and the effect of the proposed
variance on the health, safety 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction
of a residence encroaching past the average lakeshore setback on a property 2.butting
Dickey's Lake, subject to the following conditions:
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 06 9
approval is based on the site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. No other variances shall be required for construction of the proposed home .
3 . Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by obtaining a building permit for
the new construction within one year of the date of Council approval, or the
variance will expire on that date (October 27, 2004).
· 4 . 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.
5 . The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of the applicant and the applicant's heirs, successors
and assigns, hereby agrees to the recording of this resolution in the chain of title
of the property.
Barbara A. Peterson, Mayor
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO . 5 0 6 9
. q4,1----
The foregoing instrument ,1-·as acknowledged before me on this ·f_ day of
(90~ 2003 by Barbara A. Pet erson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
/_.tr-
/'(\ The foregoing instrument ,..-as acknowledged before me on this jU day of
\_y'.O-+ob.eh , 2003 by Linda S. Vee , City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
~.-~~~;n=ee eeesees v·!l82,
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1
t ::·,,,.\ RACHEL DODG E ·, ~ . -I \'.J i ;) NOTARY PUBLIC · MI NN f:'.'OTA ,:
~\ \: .. x: • ./ My Com mJsslonExpires Jan, 31, 2005 ~;
~»e·,•·se:e?:£ j EC HJ i :P~"i'z-'-.,,.
Page 4 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 9
State of Minnesota )
) ss.
County of Hennepin )
This in~trument was acknowledged before me this 5 day of __ -=-'---'-'--'
by~ ~---, as 'Sec . \.)~ev of
HossnpatCohstruction, Inc., a Minnesota corporation, on behalf of th'
1:""'~-·-----~ j DEANA MARIE MCLEAN ! rlOTWI PUBLIC -MINNESOTA f-~;p,,,;!;:;~:::::'.::,~:=~an. 31, 2007
Page 5 of 5
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