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Home My WebLink AboutResolution 3223 \• ' • �� ` ` ,'� ,. � �� O Q CITY of ORONO S �`� �;ei-� RESOLUTION OF THE CITY COUNCIL � 7 •'. .,.��.,, D+ "�+� Y �;..�: � NO. - 3 2 2 3 ti ��9x o¢�G EsK A RESOLUTION GR.ANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10 .28, SUBDIVISION 5 (B) AND 10 . 03, SUBDIVISION 6 (B) , AND TO MUNICIPAL SUBDIVISION CODE SECTIONS 11.10, SUBDIVISION 14 AND 11.03, SUBDIVISION 2, (24) � ' FILE #1778 . � • WHEREAS, Andrew J. Goetten (hereinafter "the applicant" ) and J. Diann Goetten, husband and wife, are owners of the property located at 1385 Fox Street within the City of Orono (hereinafter "City") and legally described as follows : Exhibit A attached (hereinafter "the property" ) ; and WHEREAS, the applicant has� applied to the City for • variances to Municipal Zoning Code Section 10 . 28 , Subdivision 5 (B) and 10 . 03 , Subdivision 6 (B) , and to Municipal Subdivision Code Sections 11 . 10, Subdivision 14 and 11. 03 , Subdivision 2, (24) , to permit the subdivision of the property into two building lots, pursuant to the provisions of Resolution #1178 in order to carry out the purpose and the intent thereof. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1778 . 2 . The property is located in the RR-1B Rural Residential Zoning District, requiring 2 acres of contiguous dry buildable land in each building lot per Municipal Code Section 10 .28, Subdivision 5 (B) . 3 . The �rono Planning Commission reviewed this application � on November 16, 1992 and on a vote of 6 in favor, 0 against, recommended that the property, comprising just over 3 acres in contiguous dry buildable area, be rezoned to a 1 acre standard in conjunction with a general rezoning of the surrounding "Minnetonka Bluffs". area, so � Page 1 of 5 � � Farm5005 DiskOmno \ . i� . • ' , . � , � , • O ' � � �' CITY of ORONO O ,,S\� � O • . .�� , RESOLUTION OF TI� CITY COUNCIL . � ��. ,, . ,'�,► ,� � ��,. .�� , N0. 3 2 2 3 Y � �� , o��G . EsH tYiat the proposed lot area variance will no � longer be necess�ary.. � � . � � . F . 4 . � The C�ity Council reviewed this application on December 14 , 1992 and considered the recommendation of the Planning Commission, reports by City staff, verbal and written comments by the applicant and his �attorney, and the effect of the proposed variance on the health, safety and welfare of tt;e community. On December 14 , 1992, the � � City Council voted 3 in favor, 1 against, with 1 abstention, to grant approval of the variance as requested by the applicant and direct staff to draft a resolution for approval . 5 . On January 11, 1993 t'he applicant revised his request by requesting that the initially proposed lot line be moved westward, leaving 1 . 23 acres in Lot 2 and leaving Lot 1 with 1 . 78 acres plus 0 . 23 acres credit from Outlot A for • a total of 2 . 01 acres . The Council finds that granting a variance to allow such credit is in )ceeping with the unique circumstances of Resolution ##1178 . 6 . The Council' hereby determines that Resolution �#1178 � establishes a unique contract between the City and the, � applicant and the Council further finds that, whether or not said contract is legally enforceable, the unique � circumstances surrounding Resolution �kis�a and the subsequent placement of the MUSA boundary establish the clear intent of a pasL- City Council which the current City Council intends to uphold. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grant variances to Municipal Zoning Code Sections 10 . 28, Subdivision 5 (B) and 10 . 03 , Subdivision 6 (B) and variances to Subdivision Code Sections 11 . 10 , Subdivision 14 and 11 . 03 , i Subdivision 2, (24) to permit the subdivision of the applicant' s property to create a 1 . 23 acre lot with the existing residence and a 2+ acre new building site in the RR-1B Zoning District using non- contiguous acreage where each lot would normally be required to contain at least two acres of contiguous • area, subject to the _ following conditions : • Page 2 of 5 , � Fam 5005 Msk Orono \ / ,•� y ' .• � O� • O . O �e. � CITY of ORONO ,� �, . �� G�'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 3 2 2 3 l. 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 subdivision within one year of the date of Council approval, or this variance will expire on that date (January 11, 1994) . 2 . Violation of or non-compliance with any of the terms and conditions of the 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 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 Orono City Council on this llth day of January, 1993 . ATT ST: , i o thy . Hal 'n, City Clerk E ward J. la an, Jr. , ayor � �./,��✓ Property Own s) • Page 3 of 5 ' - ,„ , . . ,. � O ' V • O O �b. - C ITY of ORONO � , � ti ��L �t,'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 3 2 2 3 STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of January, 1993 , by Edward J. Callahan, Jr. & � Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - ,� �/.�� Nota Public LINDA S. VEE ��- � yY� �' � . NOTARY PUBUC- MINNESOTA My Commi s s i on E�i re s �, MYH�m E�ion°xP�B-TM12-68 • � • Page 4 of 5 � < ' , � :' , *� . � O� . • O , O �b: - . CITY o� ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL . . . ' . L�kESH�� NO. 3 2 2 3 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � � On this l 7 � day of �Q�L�/� , 199 3 be f o r e m e o t a r y P u b l i c w i t h i n and or said ounty, personally appeared � d • � ,��°�" . '' known to me to b the person s) described in nd who e x e c u e d t h e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , � o�:��. JAMIE L�BOSMA (y�� '�'�, :��•' `` NOTARYPUBLIC-MINNESOTA NOT PUBLIC • .••� : ,: HENNEPIN COUNTY �.�.••• My Comm.Expi�es 12-19-97 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. NOTARY PUBLIC • Page 5 of 5 , ` . • ~ F � A � � EXHIBIT A � � � RESOLUTION NO. 3223 � LEGAL DESCRIPTION That part of Lot 3, Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian, described as � follows : Commencing at the Northwest corner of Lot 3 . aforesaid and running thence East 720 feet to the Northerly line or side of right of way of the Minnetonka Branch of the Great Northern Railway, thence � Southwesterly along the Northerly line or side of said right of way, 827 . 05 feet to the West line of Lot 3 � aforesaid; thence North 423 . 1 feet to place of beginning, the boundaries of which tract of land have been marked by three judicial landmarks placed at the most Easterly corner of said tract of land at a point in the Southwesterly line and at a point in the North line where said lines are intersected respectively by a line parallel to and 33 feet east of the West line of said lot. ' Also that part of the West 33 feet of Lot 3 , Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian lying Southerly of County Road No. 7, � the boundaries of which tract of land have been marked by four judicial landmarks placed at the Northwest corner and the Northeast corner, respectively, of said tract of land, and at a point in the Westerly line thereof 288 .3 feet South along said line from said Northwesterly corner, and in the East line thereof at a point 275 .4 feet South of the Northeast corner thereof. • • � .