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HomeMy WebLinkAbout#2334 Recorded Resolution 40366876120 CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION S(B), FILE NO. #2334 WHEREAS, Jeffrey and Elizabeth Jacobsen (hereinafter "the applicants") ar e the owners of the property located at 127 Chevy Chase Drive within the City of Orono (hereinafter "the City") and legally described as follows: &x¥?1 Lot 14, Block 1, Hill O' Way Manor (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.20, Subdivision 5(B) to permit the constmction a new residence on a lot of record that does not meet lot area requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2334 . 2 . The property is located in the R-lA Single Family Residential Zoning District requiring 1 acre in area. The property consists of 23,731 s.f. or .54 acre. 3 . The Orono Planning Commission reviewed this application on Febmary 17, 1998 and recommended approval of the proposed variance based upon the following findings : 1. A residence had previously existed on the property. 2 . The lot was platted prior to current zoning requirements. 3 . , No other variances are necessary in constmcting the proposed residence . TR/'\N:.1FER t:=N i E 4 - H!NNEPIN CO LINTY TAX,-v . Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ~) ~? ~~) 4. The City Council finds that the conditions existing on this proper.ty are peculiar to it and do not apply generally to other property in this zonin'g district; that granting the variances 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. 5. 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 allow the construction of a new residence on the zoning lot consisting of 23,731 s.f. or .54 acres where 1 acre is required. 1. 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 23, 1999). 2. 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. 3. 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. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .& :Q\ 3 (o -o, ,.,(}:=·:·.,/.,, ,. -~;: .Adopted by the City Council of the .. t m~i~t,hg}~ir,~(on the 2 3rd day of February , 1998. {;(f it!ll~lil~; .. City of Orono, Minnesota at a regular . ·:.t in\d·~_f§)1{•~{~t-/C ity Cl e rk .. · ,.!~--{?/i, I - STATE OF MINNESOTA ) ) . ss. COUNTY OF HENNEPIN ) Th e foregoing instrument was acknowledged before me on thi s 23rd day of February , 1998 by Gabriel Jabbour and Linda S . Vee , Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE L GEMAR NOTARY PU8UC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan . 31, 2000 Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ((}) 3 6 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this d, <.}I<-day of a , 199 .i_ before me a Notary Public within. and for said county , personally wared. ............ .____...Atf 1J ~xi ~ known to me to be the person(s) descrfum and who~~~thll~~g instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L. GEMAR NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 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 he (they) executed the same as his (their) free act and deed. NOT ARY PUBLIC Page 4 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION# 4 0 3 6 . ~ 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 23, 1998 , and that the same is a true and con-ect copy of said resolution duly adopted by said City Cotmcil at said meeting. In Witness Whereof, I have hereunto set my hand and seal this --=2'-'-4t=h'--_ day of February , 19 ----2.L. 1• ~ .,::: ~ I !-4. · .. -·.) :_ ·t.\ t,.j t,' .. ~ :"~ • ., ,· i..-' . / -. ~=., .\••·.~oe,!'~--,(1.:~;: /•·, ~., "'--··· . .., . , . ',, . -~ :: :· .i ,-, -, , .(~EAL).-.-_ ; #/ ),,. • I -Ii;;.:• ·... . ~ ./.,-, 'i, •• • :,,,·. Linda S. 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