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Home My WebLink AboutResolution 3439 fir O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 3 4 3 9 t9iSH.3g* A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C-1) FILE #1930 WHEREAS, Margaret P. Cost (hereinafter "the applicant") has an interest in the property located at 255 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Byfield, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C-1) to permit the construction of a residence that would be located 75' from a protected tributary instead of the required 100'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1930. 2. The property is located in the RR-1B, Rural Residential Zoning District requiring 2 acres of dry contiguous area. The property consists of 5 acres, 3 acres of wet and 2 acres of dry contiguous. 3. The Orono Planning Commission reviewed this application on May 16, 1994, and recommended approval of the variance as amended based upon the following unique findings and hardships: A. The Byfield Plat was approved in 1980 prior to the current Shoreland Regulations that now require setbacks from protected tributaries. At the TRANSFER ENTEREQI time the Byfield Plat was approved the setback for structures from the HENNEPIN COUNTY TAXPAYER SERVIG `S protected tributary was 26'. AUG 17 1994 Page 1 of 4 .4,V 4. HA*. 4 , r.T SOOS Dui opo 70k. O , CITY of ORONO O - '' RESOLUTION OF THE CITY COUNCIL � :' `` NO. 3439 ye 047 9ke' sHog' B. There is only one location on the entire 5 acre site that would support and treat on-site sewage. C. The 2 acre building site is severely limited by a bluff and steep slopes. D. The extreme drop from the elevation at the street to the west portion of the dry buildable envelope are severe. 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 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. 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 variance 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 10.56, Subdivisions 16 (C-1) subject to the following conditions: 1. Upon application for a building permit, applicant shall provide a detailed grading and drainage plan that will adhere to the protective standards for construction within the steep sloped areas. Erosion control must be maintained until groundcover is restored. The plan must provide detail on interceptor/French drain to be installed to east and north of drainfield areas. 2. Applicant must obtain a Hennepin County driveway permit before any work can commence within right-of-way of County Road. Page 2 of 4 Nn f005 Dock O wo N' O CITY of ORONO � O RESOLUTION OF THE CITY COUNCIL :� .:1`7 ti NO. 3 4 2. 9 44 3. Authorities granted by this resolution 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 (June 13, 1995). 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 herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 1994. • ATST: 4.111. o•thy M., in, City Clerk Edwar J. Callahan, Jr., Mayor Gabriel Jabbour , Acting Mayor J Propve`rtty`Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of June, 1994, by E94614.10EMRuJr. & Dorothy M. Hallin,A161 §A'gelen Jerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN elb. NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES anon Notary Public Page 3 of 4 hr.5005 Dui Orono . ____ . , O .: O 3 o N. CITY of ORONO ` ��, - • RESOLUTION OF THE CITY COUNCIL A �� '7 ti '�' ' NO. 3 43 9 4' ,,All tr''ilL 6' IczsuoVi STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 1 5 I I] day of _ )L , F, c-- , 199 `J , before me a Notary Public within and for said County,personally appeared it.46,Y ,<~-1 R �rr.j-, 0,6,,,,L� �te, Jr,u: d 0(5/ known to me to be the person(s) described in and <,ho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ea ( j� ' CAROLE A. HASEMAN %Yf Lr 6 �`_;'l��'L`C+-- :�"i:"^ NOTARY PUBLIC—MINNESOTA Notary Public '4'S" HENNEPIN COUNTY MY COMMISSION EXPIRES 8-2196 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day ofA,_,,,,s; _ , 194-M , before me a Notary Public within and for said County,personally appeared )c*\n (Nr\rt ( I cyc' known 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. No ry Public .....• JANICE M. GRASER j) NOTARY PUBLIC-MINNESOTA ,t SCOTT COUNTY My Commission Expires June 10,1097 Page 4 of 4 km�Dna: RESOLUTION # 18 4 S STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on June 13 1994 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and 9seal this 14th , day of June , // Dorothy 41kallin , City Clerk ( SEAL) • • • 2542889 REGISTERED VOL 24-2 Y PAGE_28j Rate ,• OFFICE OF THE REAM-RAP O 7-17-1 Es HENNLP44 COUNTY. MINNESOTA CERTIP ED FN_ED ON AUG '1 7 1994 //i71 rriSS BY DEPUTY /11 e:IVO Lo I Seivrc