HomeMy WebLinkAboutResolution 1767 . f .
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. -:�=- - � Cit� of ORONO .
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RESOLUTION OF THE CITY COUNCIL
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'�`.�AY.; _ A RESOLDTION GRANTING
A VARIANCE TO
' MIINICIPAL ZONING CODE
� SECTION 10.21, SUBDIVISION 5 (B)
� FILE #911
WHEREAS , Timothy J. Schoen (hereinafter "the
applicant") has an interest in the property located at 41 �Willow
Drive North within the City of Orono (hereinafter "City" ) and
legally described as follows: . �
Lot 12, Block 3, Daniels Long Lake Heights (hereinafter "the
property"); and ,
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.21, Subdivision 5
(B) to allow construction of a new residence on a lot 17,366 �
square feet in area instead of the required 21,780 square feet.
� NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #911.
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2. The property i s 1 ocated in the R-1B One Fami ly �
Residential District.
3. The Orono staff has reviewed this application and
recommends approval of the proposed lot area variance based'
upon the following findings:
A) The area of the applicant's lot is consistent with
the areas of the majority of the developed lots within
Daniels Long Lake Heights plat.
B) Per Section 10.03, Subdivision 6 (A), (1) if the lot
contained 17,424 square feet or 80� of the required
area , the applicant would not have had to seek
Council's approval to build on the property. The pro-
perty contains 17 ,366 square feet or .796� of the - �
required area.
C) The proposed plan to develop the property will not
• require setback variances and can meet all standards of
the R-1B Zoning District.
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'y4 RESOLUTION OF THE CITY COUNCIL
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D) There are no undeveloped adjacent lands available
for purchase. The property is surrounded. by developed �
� lots. '
E) The property has been assessed for sewer� and there
is adequate capacity within the .Long Lake lines to
serve this property.
4. The City Council has considered this application
including the findings and recommendations of the Orono
staff and the effect of the proposed variance on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
� this property are peculiar to it and do not apply general ly
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 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 pre-
serve 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.
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� CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
� hereby grants a variance to the Municipal Zoning Code Section
10.21, Subdivision 5 (B) , to permit the constructiori of a new
residence on the property legally described above consisting of
17,366 square feet in area instead of the required 21,780 square
feet in area subject to the following conditions: � � �
1. No other variances are� approved with this application.
2. The property is to be developed so that it will have no
detrimentaT effects on the current pattern of drainage with-
in Block 3 of Daniels Long Lake Heights. �
3. Authorities granted by this variance run with the
�property not with the applicant, but are permissive only.
The applicant may proceed with construction per the current
� � Building Permit No. 5618 dated May 13, 1985.
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. �-��: City of ORONO
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t,��,� RESOWTION OF THE CITY COUNCIL
":� � � NO: 1767 �
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. 4. 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.
5. The undersigned applicant has read, understood and here-
by 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 28th day of
May, 1985. •
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ATT ST:
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D - o- . Hallirl", it Clerk Ma y . B ler, Mayor
Tom Frahm /FJ C�?�---- -
�--�— � ,,,�. �°. �e�'�.�..
(1) Proper wner �
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'����;:: RESOWTION OF THE CITY COUNCIL
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'�,��" � � NO, 1767 � .
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ST � ' MINNESOTA )
) ss-
COUNTY Ok' HENNEPIN ) �
On thi s ��j� day of _ �,�.� , 19 8 5
before me a Notary Public within� and for said county, personally
appeared �N1TA- L- � �C�O,�lV 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.
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P•Gp.NN�spT P f,
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M`GP P�U��N C'�yuns��,��',e� ! '
.���� NN�NNEP�X�o�,,�.- NOTA Y PUBLIC
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MY COMMISSION EXPIRES
STATE OF MINNESOTA ) '
)ss.
COUNTY OF HENNEPIN )
On this �
�g day of �A� , 1985, before me
a Notary Public within and for said .County, personally appeared
���n.o�_.4.�, �'��d�1 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. �
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Fa,�,;�1 NOTARY PUBLIC
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M�GNP p�e�-�°�GpU���,�s��� � .
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