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Home My WebLink About#4868 - variance r � O� O �� O -��;�. -, C ITY of ORONO ,� 2 ; � . ��'� �,�� ti ��' "�� '�' RESOLUTION OF TH CIT COUNCIL � � �`�'� C� � ��kEsH�4� NO. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2824 � WHEREAS, Tom Betz (hereinafter "the applicant") is the owner of the property located at 1045 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, (hereinafter "the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Sec':on 10.28, Subdivision 5 (B)to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plannina Codes, the Orono Planning Commission held a public hearing on September 16, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2824. 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. 3. The Orono Planning Commission re�-iewed this application on September 16, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property has been developed with residential use sin�e at least 1900. 1 of 5 � o� o �� o '��;�-, , CITY of ORONO � � �. � �� 1�q p'�' RESOLUTION OF THE CITY COUNCIL �� • �o� rvo. 48f � kESII B. The property can be developed without the need for further variances. C. The lot size is consistent with that of other developed properties in the neighborhood. 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 will 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 variances 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 10.28, Subdivision 5 (B) to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. Approval is subject to the follo�ving conditions: 1. Council approval is based on residence meeting all setbacks,height,lot coverage by structures and se�ver being available to the property or an approved primary and alternate septic site prior to issuance of a building permit. 2. 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 these variances will expire on that date (September 23, 2003). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zonin; code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 2 of 5 � O� � O � � `�� C ITY of ORONO � _ �a.. � � � � ,; �,'� ti � Y' �,�� G~' RESOLUTION OF THE CITY COUNCIL L`q e �`04,�' N O. , kESI3 ?-�-- 4. 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 a�ees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 23rd day of September, 2002. ATTEST: • � � ��%� �; �, �� 'c��~ - Lin S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN 2i.=`-�. The foregoing instrument was acknowledged before me on this�3rd day of September,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �' � ,Z� - � : Notary Public _.� "?� :.=M. LESKIhEPJ � ,� -�� y �"`�c,.��; . PICT�Am�PU3EzC-MIN�ESOT�AcF STATE OF MINNESOTA ` �� , _ � COUNTY OF HENNEPIN � �=-�-�=-�-=-�'�'��` The foregoing instrument was acknowled�ed before me on this 2 7 day of September, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. � Notary Public DENISE M.LESKINEP� 3of 5 NpTqRYPU6L1�-MINNESOTA .�w �y�p�m�sbn 6cpites Jan.31,2005 � � o.�,. � O ti� O �'��:�_-, C ITY of ORON(� � � � �� :� ti Y ��' ~' RESOLUTION OF THE CITY COUNCIL �t ��G � `qkESI3�g' NO. � s � STATE OF MINNESOTA COUNTY OF HENNEPIN 2 c�3 On this � day of � vai� ,�9@-2�, T�/v ti�S �. ��7-Z personally appeared before me, who is personally known to me �%�whose identity I proved on the basis of �`-'� N ��- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. j � , � � Nota Pub � � ,�_�._�:..__ :-i ;; DENISE M.LESKlt�ci+ ;'-;�:. = �}�(p�BUC-MINNESOTA y '��``� t';Cor�m�sion Expires Jan.31,2005 �, STATE OF MINNESOTA ��y�� COUNTY OF HENNEPIN On this_day of , 2002, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and w�ho executed the foregoing instrument,and aclrnowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 4 of 5 Exhibit A . w � � � � 5E LEGAL OESCR I PT I ON OF Pft£al I SES : That part o?Coverrmnnt Lot 6 in Seetion 10, Townahip 117 North, Range 23 Wes.t, deaeribed aa follore ; Beginn(ng at a pofnt on the East line of sald lot, 6b teet South of the Northeast eorncr thereof; thenca continuing South on aaid Eaat line 202.42 fnet; thence Waei at right anglaa ta aaid East Ilne on a Ilne which bears South 41 deqreea Weet throuyh the point of bo9inn(nq: thonce North 41 degrees East to the polnt of 6epin�Fn9, , AISD: That part of Goverrment Lot 6 ln Seetion 10. To+�nship 117 North, Ran9e 23 West, descri6ed as foltora ; CamrneTnq at a poTnt on the East itne of aaid lat, 66 feet South of the Northeast eorner thereoi; thanes conflnuing South alany aold Eeot line 202.42 fset to th• point o( begfnning of tha Property beinq desc�(bed; thenee'eontlnuTnq South on said East line 245.06 feet: thence West at riqht ongies to aatd East line to a Iine rhich �ears Soulh 41 dagraes West through.the potnt of ctrm+encarnnt; thence North 41 degreea Eaat to o Itne drawn Weet tFrough the potnt of haginning at right anglea with :ald Eost line; thenee East to the point of beginning. Page 5 of 5