HomeMy WebLinkAboutResolution 4868CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4668
A RESOLUTION GRANTING VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B),
FILE NO.02-2824
WHEREAS, Tom Betz (hereinafter "the applicant") is the owner of the property
located at 1045 Brown Road South within the City of Orono (hereinafter "the City") and legally
described as follows:
Exhibit A, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.64 acre lot where
2 acres is required in the RR-1B zoning district.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 16, 2002, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
This application was reviewed as Zoning File #02-2824.
2. The property is located in the LR-1 A Zoning District, where 2 acres is the minimum
required lot area. The property consists of approximately 1.64 acres.
3. The Orono Planning Commission reviewed this application on September 16, 2002
and recommended approval by a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. The property has been developed with residential use since at least 1900.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. 4868
B. The property can be developed without the need for further variances.
C. The lot size is consistent with that of other developed properties in the
neighborhood.
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
variance will 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.
5. 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 variances 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 10.28, Subdivision 5 (B) to allow new residential
construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. Approval is
subject to the following conditions:
1. Council approval is based on residence meeting all setbacks, height, lot coverage by
structures and sewer being available to the property or an approved primary and
alternate septic site prior to issuance of a building permit.
2. Authorities granted by this variance run with the property not with the applicant, but
are percussive only and must be exercised by application for a building permit within
one year of the date of Council approval, or these variances will expire on that date
(September 23, 2003).
3. 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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4. The undersigned applicant has read, understood and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the
23rd day of September, 2002.
Z'SL
/ �/'
LinAS. Vee, City Clerk
Property Owner (s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
26'-t' .
The foregoing instrument was acknowledged before me on this 23rd day of September, 2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Notary Public
_.. ..7M. LESKINEN
NOTARY PUBLIC - MINNESOTA
STATE OF MINNESOTA ;hr Commiselim Expires Jan. 31. 2005
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this Z 7 day of September,
2002 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. /1) r
0 0
ti
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4868
2C)o 3
On this a day of ua 0e, QILTz- personally appeared
before me,
who is personally known to me
whose identity I proved on the basis ofDc-
_ whose identity I proved on the oath/affirmation of a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Not Pu
�� :��'■try D T' r
Lj
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On this day of , 2002, --personally appeared
before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of , a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
Notary Public
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Exhibit A
LEGAL DESCRIPTION OF PREMISES :
4868 V
That part a1' Cavarrrnent Lot 6 in Section 10 To —skip 117 North. flange 23 Wes.t. described as follows
Beginning of a point an the East Iine of said lot. 66 feet South of the Northeast corner thereof;
thence continuing South an sold East Iinn 207.42 feat; thence Want at right onglas to said East
Ilea on a Iine which boars South4i dagroes Went through the point of beginning; thence North
4�dagrass East to the point of beginning.
That part of Goverment Lot 6 in Section 10. Township 117 North. Range 23 West, deserlbed as faIIaws
Cornrencing at a point on the East lino of said fat 66 feet South of the Northeast corner thereof;
thanes aantlnutng South along sold East tins 202.42 fast to the point of beginning of the property
being deserlbed; thence*continuing South on sold East line 245.06 feet; thence West at right angles
to said East line to a line which bears South 41 do roes West through -the Pint of c&mrancorno%;
thence North 41 degrees East to a line drawn West tgrou h the paint of beginning at right angles
with sold East Tina; thence East to the point of beginn ng.
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