HomeMy WebLinkAboutResolution 1835 �- C�t� o� ORONO �
• � RESOLUTION OF THE CITY COUNCIL
�
1 � NO. 1835
• � • •
. ,
� . A VARIANCE TO
MUNICIPAL ZONING CODE
� SECTION 10.23, SIIBDIVISION 6 (B)
� FILE $956
WHEREAS , Corinne G. Pi I I sbury (hereinaf ter "the ,
applicant" ) is the owner of the property located at 1200
` Bracketts Point Road within the City of Orono (hereinafter
. "City") and Iegally described as follows:
Those parts of Lots 1 an 10, and of the abandoned parts of
Center Avenue and of the County Road as Iaid out on the plat
of Rearrangement of Orono Point decribed as beginning at the
point of intersection of the Westerly Iine of Lot 3 extended
and the extension of the North line of the South 100 feet of
� Lot l; thence Northwesterly along the extension of said
Westerly line of Lot 3 to its intersection with the Southly
line of County Road No. 7 as now Iaid out; thence Easterly
and Northeasterly along the Southerly line of said road -to
• its intersection with the extension of the North line of Lot
1; thence East to the Northeast corner of Lot l; thence
. Southeriy along the Easterly line. of Lot 1 to its inter-
section with the North Iine of the South 100 feet of Lot l;
thence West to the point of beginning aI 1 in Rearrangement
of Orono Point, according to the plat thereof on file or of
record in the office of the Registrar of Deeds in and for
said County; (hereinafter the "property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) to permit �the construction of a new residence on a property ,
that contains 1.17 acres in area instead of the required 2 acres
and measures 173 feet at the 75 foot Iakeshore setback line
instead of the required 2 0 0 f eet.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #956.
• 2. The property is located in the LR-lA Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 19, 1985, and recommended approval of the proposed
variances based upon the following findings:
• pa�rA � nf a �
� C�t� o� ORONO . �
• :� :
� � RESOLUTION OF THE CITY COUNCI L -� - - � --
� NO. 1835 �
• � � • '
A) a house had existed on the property for over 40
� years.
' B) Septic tests confirm the property can sustain a
principal and alternate on-site septic system.
C) The continued residential use of the property is
,� the only reasonable use.
D) The adjacent properties are developed.
4. The City Council has considered this application
incl.uding the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variance on the health,
• safety and welfare of the community.
5. The City Counci 1 f inds 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
Comprehemsive Plan of the City.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23,
Subdivision 6 (B) to permit the construction of a new residence
on the property located at 1200 Bracketts Point Road subject to
the following conditions:
,
l. Authorities granted by this variance run with the
property 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 (August 26, 1986).
2. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shal 1 automatical ly terminate any authority
granted herein, and �shall be punishable as a misdemeanor.
Page 2 of 4
_._._.._...._�__ ._ _.., _...�....._..�.
.�.�.....�.�,�...._...�.._..Y ,........,...�...�.........._ ...+�e..�...�....�..rv�+......��_..... ...�.........�.....«..........._.....�..........r...�.......... .....,... ....{�.�.....,...... .
. � � , ' ,
. � � 1 • , . . � . . ,
i ' t '
�� � Cit�.}o� ORONO � ,
• .:� : �� . -.
Q� � RESOLUTION OF THE CITY COUNCIL
i � � . 'NO. 1835 .4 �
` •'_ • • � • _'� • • �x.�' ' . _..
__ �. . _ _*� _ ._..� . . _ . _ _.._- --
'i
' � .
�
.#
� .
e
3. The undersigned applicant has read, understood and here-
`;- by agrees to the terms of this resolution and on behalf of
� herself, her 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 26th day of
August, 1985.
� • ATT ST: �
, " �vl�� ���C�,r.s�-
. o othy M. allin, City Clerk Mary C. Butler, Mayor
Tim Adams, Acting Mayor
� ��(�ri2 Lts
° (1) Proper£y Owner
�
\ '�• STEPHEN R.PfLAUM
��-�,....
��'�� NOTARY PUBLIC-MINNESOTA .
; ���°��� HENNEPIN COUNTY
� My Commission Expires Nov 19, 1987 �
e v�^,nn,wwvv�vwv�tivvw�.v�N�vwwv r
•
Page 3 of 4
_._._,_. _.....__...�_.. . _ _,. .._ �. _.....,__.. _,.. . _ . _ _.�._.._.. .
_ _ .. ._ _ .. , ....... ,.._ , . _.. _ _
, � �• � ,
. e . . .
� � Cit o� ORONO �
:� � 'T ' J'{ � . �
�. ' �'� . _ . ..
� RESOLUTION OF THE CITY COUNCIL
� NO. 1835
= • - • •
STATE OF MINNESOTA � )
) ss.
'' COUNTY OF HENNEPIN )
� '
� On this � day of � � , 1986
- before me a Notary Public within and for�id county, personally
' appeared �oQl a��f fr• �I LL��3 u{up known to me to be
, the person(s ) described in and who executed the foregoing
. instrument, and acknowledged that he �}- executed the same as
his (��) free act and deed.
�r �1G ��
NOTARY PUB IC N���
' `�=�`�� STEPHEN R.PFLAUM
<�;:�,...:
` <_'� � NOTARY PUBUC-MINNESbTA
' <�$1�� HENNEPIN COUNTY
<
' � My Commission Expires Nov 19, 1987 �
MY°��
STATE OF MINNESOTA )
)ss.
- COUNTY OF HENNEPIN )
On this day of , 19�86 , 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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
� (their) free act and deed.
NOTARY PUBLIC
� '
MY COMMISSION EXPIRES
' Page 4 of 4