HomeMy WebLinkAboutResolution 1782 .w
. � � Cit� of ORONO.
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• , � RESOWTION OF THE CITY COUNCIL
�: ��'. . � No. 17 s 2
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A RESOLIITION GRANTING
� A VARIANCE TO `
MQNICIPAL ZONING CODE
SECTION 10.28, SDBDIVISION 5 (B)
' FILE #917
WHEREAS, Tipton Corporation (hereinafter. "the �
applicant") is owner of the property located at 1290 Lyman Avenue
within the City of Orono (hereinafter "City") and legally des-
cribed as follows:
Lot 37, Orono Orchards, and that part of the �west half of
vacated Spencer Avenue, dedicated in the plat of said Orono ' �
� Orchards, which lies between the northerly right-of-way line
� of Lyman Avenue and the easterly extension of the north line
of said Lot 37, according to the recorded plat thereof,
• Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has applied to� the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5 �
(B) to permit the construction of a new single family residence
on a lot with area 1.13 acres in the RR-1B zoning district where
area of 2.0 acres is required. � �
NOW, THEREFORE, BE IT RESOLVED .by the City Counci 1 of
Orono, Minnesota: �. ,, , . �
" FINDINGS . -
1. This application was reviewed as• Zoning File #917 . �
2. The property is located iri the RR-1B Zoning District.�
3. The Orono Planning Commission reviewed this application
on June 17, 1985, and recommends approval of the proposed
variance based upon the following findings: �
A) There is _an existing house on the property which is
` potentially hazardous. Construction of a new house
will be an asset to the neighborhood.
B) No additional land ,is available for purchase.
• C) Applicant has �met all the septic system require-
ments for a primary and alternate drainfield site.
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Page 1 of 4
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. � � � Clt� of ORONO
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_ RESOLUTION OF THE CITY COUNCIL
� ^':; ' NU. 1782
� � �=`� D) The proposed structure meets a 11 perf ormance
• " • • standards of the RR-1B zoning district.
E) Applicant amended his original house plans in order
to comply with all performance standards.
4. The property is in single separate ownership, not owned
. in common with any adjacent or nearby parcels.
" 5. The. City Council has considered this application in-
cluding the findings and recommendations of the Orono staff -
and the effect of the p"roposed variance on the health, � ,
safety and welfare of the community. ,
6. 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 danger to neigh-
boring 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 sub-
stantial 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the �Orono City Council
hereby grants a variance to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) , to permit the construction of a new
single family residence on a property of 1.13 acres in area where
2.0 acres per buildable lot is required subject to the following
conditions: � .
1. No other variances are granted or permitted for this
application. . �
2. Authorities granted by this ;variance run with the pro-
perty 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 Countil approval , or this .
variance will expire on that date June 24, 1986.
3. Violation of or non-compliance with any of the terms and
conditions of this variance shal 1 constitute a violation of
' the zoning code, shall automatically terminate any authority
� granted herein, and shall be punishable as a misdemeanor.
4. 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. .
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Z. , � . - .
. � Cit� of ORONO . ,
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� � RESOWTION OF THE CITY COUNCIL
Q� :-� _ � . . NO. 1782 .
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. Adopted by the Orono City Council on this 24th day of '
June, 19 8 5. .
ATT T: -
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rothy M allin,, City Clerk Mary C. B� r, Mayor
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1) Proper Ow er .
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. �.. - � . ._ . �. . �. :.�.:.. �- ..:...�C:�t� of ORONO �
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� � RESOLUTION OF THE CITY COUNCIL .
� • • -- ��Q� ��'�;r. : . . .. �. . . � . �.. N�. . 17 8 2 � � . . � . �
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• ' • • . • . . . ;
STATE OF MINNESOTA �) � �
) ss. . ;
COUNTY OF HENNEPIN )
On thi s ���" da of � �
Y � l��G��'�t� . 19 8 5
before me a Notary Public within and for said county, personaliy �
appeared Jo� ��� us��e , �,�e �pn,,,� �'l,�w�,-co,,, known to me to be
the persor�(s) described in . and who executed the for�going
instrument, and acknowledged tliat he (they) executed the same as
his (their) free act and deed.
��-�`� ��:�l /� .
• ,;,:;''°;,..��::, MICHAEL . �C��
'�::����,',�q'� NorARyPUe���GAFFRON NOTARY PUBLIC
; '���.�� HENNEPIN COUNTYA
MY Cornmfsslon Explrea Ju
'`.^rc�sa:c:4.�.'�rmqy,c , ne 11,
1987
� � . - ^oc;,,� • . . � . . � . .
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' • MY COMMISSI N EXPIRES � �
' STATE OF MINNESOTA ) �
. )5s. � t
, COUNTY OF HENNEPIN ) -
On this � day of . , 1985, 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 •
• , . �
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MY COMMISSION EXPIRES
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