HomeMy WebLinkAboutREsolution 3658 tr • `
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�b. - �C ITY of ORONO
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�� �G'�' RESOLUTION O�T�HE�CI�TY COUNCIL
� �kESH�4 NO. �
A RESOLUTION GRANTII�IG
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (l3)
FILE #2089
WHEREAS, Richard O. Miller (hereinafter "the applicant") is owner of the
property located at 4520 Watertown Road w:thin the City of Orono (hereinafter "City") and
• legally described as follows: '
The East one-half of the West three-eighths of the East one-half of the Northwest
Quarter of Section 31, Township 11 A North, Range 23 West of the Fifth Principal
• �Meridian,eYing and of the Watertown Road, Hennepin Cuunty, Minnesota (hereinafter
the prop rty ),
WHEREAS, the applica.nt has applied to the City for a variance to Mu.nici�al
Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a single farnily
residence on a lot containing 3.6 acres dry buildable area where 5 acres of:dry buildable area
is normally required, and lot width 287.56' where a lot width of 300.0' is normally required.
NO�1V, TI�EREFORE, BE IT RESOI.'VED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2089.
2. The property is located in the RR-lA, Zoning District, requiring 5.0 acres of dry
buildable area and 300' of width for a building site.
3. The Orono Planning Commission reviewed this application on November 20,
• 1995, and recommended approval of the proposed variance based upon the
following findings:
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'�' RESOLUTION OF THE CITY COUNCIL
� ���kESH���� NO. � 6 5 � .
A. The parcel would have been buildable without variances at the time the
applicant purchased it in 1972.
B. Applicant has demonstrated that suitable primary and alternate sites for
an on-site sewage treatment system exist on the properry.
C. A single family residence can be constructed on the property meeting the
required lot line, wetland and drainfield setbacks.
D. Construction of a single family residence on the property will be in
keeping with the rural nature of the neighborhood.
E. The buildable envelope of approximately 140'x400' provides ample area
for construction of a single family residence, driveway (already
• constructed), and on-site sewage treatment systems without impacting
neighboring properties.
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 Ciiy 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 properry; 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
��`�$E Hp4�'�'G NO. e`3 � e5 �
� S
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above fmdings, the Orono City Council hereby grants a vaziance
to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit construction of a single
family residence on a lot containing 3.6 acres dry buildable area where 5.0 acres of dry
buildable area is normally required, and said lot having width of 287.56' where lot width of
300' is normally required, subject to the following conditions:
l. Applicant shall protect the tested and approved on-site sewage treatment system
drainfield sites from any traffic or disruption which could render them unusable.
2. No variances other than lot area and lot width will be granted for this property.
• 3. Authorities granted by this variance run with the property not with the applicant,
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 (December 11, 1996).
4. Violation of or non-compliance with any of tr.e 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 undersia ed 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
properly.
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�� G'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�4� NO. � 6�� �
Adopted by the Orono City Council on this llth day of December, 1995.
AT�EST:
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; oro y M.,, ' , ity k Edward J. Call ' , Jr., Mayor
• erty O er(s)
•
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENN�PIN )
The foregoing instrument was acknowledged before me on this llth day of
December, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hailin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
°''"'• CAROLE A HASEMAN n �� •�'�
; : �e�i � NOTARYPUBLIC-MINNESOTA Notary Public
; ' ' HENNEPIN COUNTY
`���•'°• My Commission Expires Jan.31,2�00
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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCI L
�L�kE H�4�G NO. � G 5 �
� S
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�day of �,„e , 199�before me a Notary Public within
and for said county,personally appeared �,�j�G r.� Q� �/��.(�r l n fi ri,�r r�C c�
k n own to me ta be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same a� his (their) free act and deed.
e,�.:T�,� CAROLEAHASEMAN
;��" . NOTARYPUBLtGMINNESOTA ��� �
• •-- •- HENNEPIN COUNTY J � �'� �
'•,�.�•'' My Commission Expires Jan.31,2�0o NUTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
• On this day of , 199_before me a Notary Public within
an d for sai d coun t y,p e r s o n a l l y a p p e a r e d _
known to me to be the person(s) described in and who executed the foregoing instniment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY 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
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that h� (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
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