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Home My WebLink AboutResolution 1790 ` � �i� ' . . . T � . v � ' . � ::{� Cit� of ORONO � d . ::�M; . . • _ -, �'`;�:�' RESOLUTION OF THE CITY COUNCII . � i,."' � � NO. 17 9 0 �: "�' . • � • �� . A RESOLDTION GRANTING ' A VARIANCE TO � MiJNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (A) (3) � FILE #925 WHEREAS, Richard and Diane Hennessy (hereinafter "the applicant") is owr�er of the property located at 4670 Tonkaview . Lane within the City of Orono (hereinafter "City" ) and legally described as follows: � Lot 63, Tonkaview Gardens, Hennepin County, Minnesota (here- inafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 6 � (A)(3) to permit the construction of a single family residence on a lot of area 1.21 acres in the LR-1B �zoning district, which lot is not served by municipal sewers. . NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: . � . FYNDINGS 1. This application was reviewed as Zoning File #925. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. � •3. The Orono Planning Commission reviewed this application on June 17, 1985, and recommended approval of the proposed . � variance based upon the following f.indings: � A) The property is located in the LR-1B Single Family - Lakeshore Residential Zoning District. B) Sewer is not provided to this property although the property is located within Orono's designated sewer � ' service area. � C) The costs of providing a municipal sewer lateral to • . ,.� serve this property and - the adjacent undeveloped properties has not been determined; the City has no indication when the neighboring properties � w`ill be developed. . � � ' Page 1 of 4 �, � �} �wL.�^ (�1�� Of O�,Ol�O , . .. � i>`..�. . � . • �'�i " �,:�,` RESOWTION OF THE CITY COUNCIL �///�� ,� � NO. 1790 Yr. r � �� •+ . . D) The property can support primary and alternate mound type septic systems. � E ) The property can gain .access through the undeveloped Garden Lane right-of-way. F) The applicant has demonstrated that he is aware of � the potential for sewer to be installed in the area, . and is aware that he risks paying for a septic system � and a sewer. 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 generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air rior 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. ' � � CONCLUSIONS, ORDER AND CONDITIONS . Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section. � 10.03, Subdivision 6 (A) (3) , to permit the construction of a' single family residence on a lot of area 1.21 acres in the LR-1B , zoning district, which lot is not served by municipal sewers but will be served by a �septic system, subject to the following conditions: , l. Applicant shall locate the house such that the house and driveway do not encroach onto the approved drainfield sites. • 2. Applicant shall be responsible for the costs of � installing an adequately sized culvert in the gully location on undeveloped Garden Lane. � Page 2 of 4 . .,��..:: Clt� of ORONO � d ��;:�, . • : �. ' �� `<, � RESOLUTION OF THE CITY COUNCIL . �' � 4` � NO. 1790 �- 'I • ' • • � , 3. Applicant is responsible for maintaining this access . driveway over unimproved Garden Lane. 4. . At such time in the future that municipal sewer is provided to the property, applicant shall abandon the septic � system and connect to the municipal sewer within the � normally required time frames. 5. Payment of park fee in the amount of $350. � 6. Payment of standard building permit fees including SAC - charge. The sewer unit charge of $225 will not be collected . until such time that municipal sewer becomes available to the property. � 7. Authorit�es 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 Council approval, or this variance will expire on that date (July 8, 1986). � 8. Violation of or non-compliance with any of the terms and � conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority �' granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicant and owners have read, under- stood and hereby agree 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 8th day of July 1985. ATT T: ' • � �' 1 l��' � othy Hallin, City Clerk Mary . Bu Ye , Mayor 1�� . � � � . • (1) Property Owner Property Owner Page 3 of 4 � i� ' � �� Cit� of ORONO . � � d :�t� . • ,;�,< RESOLUTION OF THE CITY COUNCIL �:�;; � NO. 17 9 0 . �' �� • ' • • . . STATE OF MINNESOTA ) - ) ss. COUNTY OF HENNEPIN ) � � . On this lZ� day of' J � �y , 1985 � before me a Notary Public within and for said county, personally appeared �2��,��p L , ��iu�v �SS y known to me to be the person(s ) described in and who executed the foregoing . instrument, and acknowledged� that he (tYiey) executed the same as � his (their) free act and deed. � ' ,,.a:��,;. � � ��'�=' , �pIARAE� p.G . . it�1J�' /�E �Buc_Mq�FRON NOTARY PUBLIC N CONMES : My commjNEP/��`es JuVNT yA ' , • .1 D8) v . � t-(JlJ� �/� / /v� . MY _ COMMISSION EXPIRES STATE OF MINNESOTA ) - )ss. . - COUNTY OF HENNEPIN ) � � ' On this _ _f Z� day of J uLy , 1985, before me a Notary Public wi hin and for said County, personally appeared �,Q-/t/�s__�, /��N�iv�Ss�' known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as hi.s (their) free act and deed. �^'�""'°"• � • NO ARY PUBLIC � ;��_„� MI�HqEL GAFr- � , P• RO,v � NOTqRy PUBIIC-MINNESOTq � � HENNEPI � � My C�mmisston� C�VlVTY � / /� PlreeJUne11,1887 �t�lNCr ` / �7�� , MY COMMISSI N EXPIRES . Page 4 of 4 . {� � . . � \ �