HomeMy WebLinkAboutResolution 1653 _ ti
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�� Cit o� ORONO
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RESOLUTION OF THE CITY COUNCIL
'NO. 1653
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� � � GRANTING A VARIANCE TO MUNICIPAL ZONING
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`'j CODE SECTION 10.24 SUBD. 5 (B) - FILE 833
Whereas, Harry Brockopp (hereafter "applicant") is the
owner of the property located at 993 Wil.dhurst Trail within the City of
Orono (hereafter "City") , and leqally described as follows :
The south 2f�0 feet of the west 10Q! feet of the northwest
quarter of the northeast quarter of Section 7, Towr�ship 117
North, Range 23 west of the 5th principal meridian and,
Whereas , the� applicant has applied to the City for a
variance to Municipal Zoning Code Section I0. 24.Subd. 5 (B) to permit
the construction of a new residence on a Iot of 17,40P1 square feet in
area instead of the required 43 ,56fd square feet, and approve a lot width
" of I0� feet instead of the required 14� feet .
• Now, Therefore Be It Resolved by the City Council of Orono, Minnesota :
Findirngs
I . This application was reviewed as Zoning File No. 833. _
2. The property is Iocated in the LR-IB Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on �
June 18, I984, and recommended approval of the proposed
variance as amended based upon the following findings:
a) No additional land is available to combine with the
property.
b) The applicant acquired the lot prio�r to rezoning .
c) The existing gravel driveway serving only the house at � �
975 Wildhurst Trail but crossing this property, is a
hardship to this property and should be excluded from the
hardcover calculations .
4. The property was assessed for municipal sewer as part of the
I979LS-I project, and a sewer stub is available to the
• . property. •
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l��Y��J4 C�t o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1653
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5. The proposed residence will meet all .setback and hardcover
' requirements of the Zoning District .
6. The City Council has considered this application including
the findings and recommendations of the Planning
Commission, reports by City staff, comments by the owner and
the effect of the proposed variance on the health, safety
, and welfare of the community. �
7. 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 hazard or other
danger to neighboring property; would not merely serve as a
convenience to the owner , but is necessary to alleviate a
• demonstrable hardship or difficulty; is necessary to
preserve a substantial property riqht of the owner; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10. 24 Subd . 5 (B) to permit
the construction of a residence on a property with I7,400 square feet of
area instead of the required 43 , 560 square feet of area , approve a Iot
width of 100 feet instead of the required 1401 feet, subject to the
following conditions:
- I . No hardcover variance is allowed . Excluding the existing .
gravel driveway, the maximum alloiaable hardcover ,
including house , decks , driveway apron, etc . is 2,14PJ
square feet.
2. No other variances will be allowed on this property.
:i. All required setbacks must be met. _
4. Applicant must provide a copy of the executed access
easement agreement between applicant and owner of 975
• Wildhurst Trail prior to this variance taking effect.
5. Applicant must grant City a utility easement for existing
sewer lines prior to this variance taking effect .
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Clt� o� ORONO �
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RESOLUTION OF THE CITY COUNCIL '
NO. 1653
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6e Applicant must provide a copy of the legal access easements
from properties to the west prior to this variance taking
effect. ,
7. Authorities granted by this variance run with the property
not the the owner , 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 va,riance will.
expire on that date July 9, 1985.
8. Violation o�f or noncompliance 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 .
, 9. The undersigned owner 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 to
the property.
Adopted by the Orono City Council on this 9th day of July, I984 . . �
ATT ST: CITY OF ORONO
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��/SLx �C Mayo r �
Dorothy . lin, Deputy clerk
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Property Owner (s) .
(2) .
Property Owner (s) �
(3)
Property Owner s
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1653
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STATE OF MINNESOTA )
' ) ss. �
COUNTY OF HENNEPIN ) ,
On this I s` day of QGyrpp� , 1984 , before me a Notary
Public within nd for said County, personal.ly appeared
.�y - /zoC���°,P known to me to
be t e person(s) described in and who executed the foreqoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed .
'��"`'`°w,� MICHAEL P. GAFFRON NO ARY PUB LIC
� ���!� � NOTARY PUBLIC-MINNESOTq
� HENNEPIN COUNTY
..�� My Commission Expires June 11
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MY COMMISSIO EXPIRES
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN ) , ,
On this day of , 1984 , before me a Notary
Public within and for said County, personally appeared
kriown .to me to
be the person(s) described in and who executed th'e foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed . ,
_ NOTARY PUB LIC
MY COMMISSION EXPIRES
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