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HomeMy WebLinkAboutResolution 1660 ' iY ► •; " i � . C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1660 � GRANTING A VARIANCE TO MONICIPAL ZONING CODE • ' • • SECTION 10.28, SIIBD. 5(B) - FILE #844 WHEREAS, David Willits (hereafter "the applicant" ) is the � owner of a property located at 1900 west Farm Road within the City of Orono (hereafter "City" ) , and legally described as Lot 20 , Block 1, The Farm at Long Lake (hereafter "property" ) ; and _ WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10 .28 Subd 5 (B) to permit construction of a principal structure 30 feet from the front property line instead of the required 50 feet. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Findings � l. This applicant was reviewed as Zoning File No. 844. • 2. The property is located in the LR-lA Single Family Residential Zoning District. 3. The Orono Councilreviewed thisapplication on July 23, 19 8 4, and noted the f ollowing f indings and hardships: a) The location and exterior design of the proposed house will be in keeping with the planned aesthetics and functional use of the neighborhood. • b) The neighboring property owners most affected by the variance prefer the location of the house as • proposed. . . c) The location of severe slopes within the north east section of the property places limitations on the building envelope. � d) The soils makeup and slope conditions of major portions of the property place severe limitations on � the septic drainfield envelope. 4. The City Council has considered this application including the f indings and recommendations of the City staff and the effect of the proposed variance on the � health, safety and welfare of the community. � • , page 1 of 4 � '� r i� • � C�t� of ORONO • � RESOLUTION OF THE CITY COUNCIL NO. 1660 • • � • • 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 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 right of the owner, and would� be in keeping � wi.th the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based.upon the above findings4, the Orono City Council hereby grants a variance to Zoning Ordinance Section 10. 28 , Subd 5B to permit construction of a principal structure 30 f eet f rom the f ront property • line instead of the required 50 feet subject to the following conditions: " . 1. No other variances are granted or permitted with this • application except the ones specified above. � 2. Authorities granted by this variance run with the property not with 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 - variance will expire on that date August 13, 1985. 3. Violation of 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 g'ranted h.erein, and shall be punishable as a misdemeanor. 4. 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. ' � t r Adopted by the Orono City Council on this 13th day of August, • 1984. _ . � ATTE . ' • �� `� � � . City Cler page 2 of 4 Mayor ' y � • .i' , • � Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1660 • • - • • • U�1J�� 1 (1 roperty Ow r c� � (2 ) Property Owner (3 ) Property Owner • , STATE OF MINNESOTA ) � ) ss . COUNTY OF� HENNEPIN ) . On this _��� day o� �_ , 1984 , before me a Notary '���ublic within and �;.�f�r sa d County�, personally appeared ����—��������� � ' k n o wn t o m e t o � be the person (s) described in and who execu ed the foregoing instrument, and acknowledged that he (they) executed the same as his � (their) free act and deed . � • �� ���-�J . I�HN A. GERHARD30N NOTARY P'UBLIC ' tARY PUe�IC•MINNE80TA ' �A►�u�nN�N�o�eP ' /o/z���5 _ � MY COMMISSION EXPIRES • . o � page 3 of 4 .K ^�l..a � Ci.t� o� ORONO . f � . , RESOLUTION OF THE CITY COUNCIL . NO. 1660 - • � • ' • • . STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � On this _��_� day o� , 19$4 , before me a Notary Public within and o�sa d County, personally appeared known to me to be . the person (sj 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 � . MY COMMISSION 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 ' 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 � • = � . . ' • • . . MY COMMISSION EXPIRES . . .• . . : ; y � . ..� � �. : . _ . ..._ ` .'' . ; . . .,..' � .. . . . '.. , . . � • � .- � .<- ., ' � • . .• . � , • • • . : . •: . , • - . - �-�'.�': � . ' � � . � • . ' � , . ' . . . . . ' page 4 of 4 • �