HomeMy WebLinkAbout#2455 Recorded Resolution 4243CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 2 4: 3 .
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 5 (B)
FILE #2455
WHEREAS, Kristine E. Strauman and Roger E . Strauman (hereinafter "the
applicants") are owners of the property located at 123 Chevy Chase Drive within the City of
Orono (hereinafter ''City") and legally described as follows :
Lot 12, Block 1, Hill O'Way Manor, Hennepin County, Minnesota (hereinafter "the
property"); and
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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 February -16, 1999, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10 .20, Subdivision 5 (B) to permit a lot area variance to remove the
existing residence to allow for a new residence to be constructed where .529 acres is the total
lot area and a minimum of 1 acre is required .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono ,
Minnesota :
FINDINGS
1. This· application was reviewed as Zoning File #2455 .
2 . The property is located in the R-lA Zoning District, where 1 acre or 43,560 sq .
ft . is the minimum lot area . The property consists of .529 acres .
3. The Planning Commission reviewed this application on February 16, 1999, and
recommended approval on a vote of 4 to 0 .
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 --------
4. The Planning Commission made the following findings of fact:
A. The proposed residence will meet the minimum setback requirements for
the R-lA Zoning District.
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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants 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 10.20, Subdivision 5 (B) to permit the
existing residence to be removed to allow for new construction on a lot with .529 acres where
1 acre is required. Approval was subject to the following conditions:
1. The applicants shall apply for a demolition permit.
2. Authorities granted by this variance run with the property not with the
applicants, 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 (February 22, 2000).
3. 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.
Page 2 of 4
CITY of ORONO
RESOLUTION . OF THE CITY COUNCI_L
A"'Ld~ NO. ...J: 4 ". ,:~
4. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 22nd day of February, 1999.
\~~ a ~bbour, ~"'-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
February, 1999, by Gabriel Jabbour & Linda S . Vee, Mayo r & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City . ·
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)
· MARY ANN JOH NSO N ,
' NOTARY PUBLIC-MI NNESOTA }
: My Commission Expires Jan. 31, 2000 \'._1
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Page 3 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 2 4.: , ..
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this .;?~1-d day of (e...b rua r i , 199~ before me a Notary Public within
and for said county, personally appeared f<.c 1s7ine £. 5tr aurngn, tn 4 rci e s/
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.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this 3 e d_ day of /} IA 1 lf. s-/ , 199 J_ before me a Notary Public within
and for said county, personally appea ed o 1<. £ q q HJ q m 4. ~ c; -e d,__
known to me to be the person(s) described 1 and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed .
-~~~~-~~~_['c,,..,
'{
MARY ANN JOH NSON ;:,
NOTAf!Y ~UBLIC-MI NN ESOTA ~/
My Comm1ss1on Expires Jan. 31, 2000 ~
,-
Page 4 of 4
7182549
RESOLUTION# _4c_2_4J_,: -~--
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
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. f!t:L_ ~~ • __ ,_ ~n llTY
I, Linda S. Vee, 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 February 22, 1999 , and that the same
is a true and conect copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this -~2~5t=h~_ day of
February , 19 ___22__.
Linda S. Vee, City Clerk
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