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�. � Cit� o� ORONO
• Q� RESOLUTION OF THE CITY COUNCIL
� NO. 1849
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A RESOLIITION GRANTING
A VARIANCE TO
MONICIPAL ZONING CODE
SECTION 10.28, SIIBDIVISION 5 (B)
FILE #947
WHEREAS, Norman & Christie DeWitt (hereinafter "the �
applicant") has an interest in the property located at 1180 Lyman
Avenue within the City of Orono (hereinafter "City") and Iegally
described as follows:
That part of Tract A Iying Easterly of the following
described line: Beginning at the most Northerly corner of
said Tract A; thence Southerly to a point on the South Iine
of said Tract A, distant 120 feet West from the Northeast
corner of Tract B, and there terminating; aIl within
Registered Land Survey No. 1067, Files of the'Registrar of
Titles, County of Hennepin, EXCEPT, that part of Tract A,
� Registered Land Survey No. 1067 , for road purposes ,
described as follows: That part of said Tract A lying
within the circumference of a circle having a radius of 50
feet, the center of said circle being the Northeast corner
of Tract B, said registered land survey (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 residence on a lot with
65,153 square feet in area instead of the required 87,120 square
feet.
NOW, THEREFORE, BE IT RESOLVED by the City Counci I of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #947.
2. The property is Iocated in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 19, 1985, and recommended approval of the proposed
variance based upon the fol.lowing findings:
� a) This parcel was created prior to the creation of
the RR-1B zoning district.
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d . � Clt� o� ORONO
• (� RESOLUTION OF THE CITY COUNCIL
� NO. 1849
• � • •
b) No other land is available.
c) No other variances are requested.
d) A I.ot area variance for this property was approved
in- 1977 and again in 1983.
e) There is suitable access to the property.
f) Suitable dra°i.nfield sites have been Iocated on the
property.
g) The building envelope is adequate for the current
zoning district and consistent with surrounding
development.
h) A quit-claim deed for future right-of-way purposes
has been granted over a portion of this property to the
• City.
4. The City Council has considered this application
including 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 I 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
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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above f indings, the Orono City Counci I
hereby grants a variance to Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the construction of a new residence
on a property with 65,153 square feet in area instead of the
• required 87,120 square feet, subject to the following conditions:
l. Satisfy the requirements of the on-site code for an on-
site sewage treatment system.
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d � Ci.ty of ORONO
• (� RESOLUTION OF THE CITY COUNCIL
� NO. 1849
• � • •
2. 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
withiri one year of the date of Council approval , or this
variance will expire on that date (September 9, _1986 ) .
3. 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.
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.
• Adopted by the Orono City Council on this 9th day of
Sep ember, 1985.
a,
AT ST:
�
� C T/��
rothy . Hallin, City Clerk M ry C. utler, Mayor
To Frahm., Acting Mayor
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d C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL �
�
� NO. 1849
� ' • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
On this _ d �� day of �ta��ir��� - , 1985 .
before me a o�ary Pub]�c wi in and for said county, personally
appeared .���,�� � � - known to me to be
the persor�(s ) des.cribed in and who executed the foregoing
instrument, and acknowledged that he� (they) executed the same as
his (their) free act and deed.
GPF��ON �
�-Q• N,�NN -(`l 1
M�GN�p�0�'��G�v�>>�'gg- NOTA Y PUBLIC
,.�.p:::.r N��Pr�N�P Exa``��'
. (� �, �' ron
•�9�li,•• M`1�''���= �r r'
��� ��� �� �� ��� .
MY C�MMISSI N EXPIRES
STATE OF MINNESOTA )
)ss .
COUNTY OF HENNEPIN )
On this /a`� day of -��''����2 , 1985, before me
a Notary Public w3,thin and for said County, personally appeared
��1ef2y ' , _C_!-��2� 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. �
GpFFRO� .;` '
�w� I�IIICHAP�BPc'MINNESOTA NOTARY PUBI�I
�,,....... NOTAR CpUNTY
`'��� � HENNEPIN ires dune�1,�gs7
.'�� MYGommission ba g�¢en.�',��^r"".�
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�soco°�'OSS�� ,�J IAAl� /l /( �/�
• MY COMMISSIO EXPIRES
Page 4 of 4
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S
d Clt� o� ORONO �
� � �RESOLUTION OF THE CITY COUNCIL
� NO. 1849
� ' • •
STATE OF MINNESOTA )
) ss.
C,OUNTY OF HENNEPIN ) �
On this �Z'�' day of ��p�� �� , 1985
- before me a Notary Public within and for said county, personally
appeared �D��,�n� (n� . D��i� known to me to be
the persor�(s ) described in and who executed the foregoing
V � instrument, and acknowledged that he (they) executed the same as
� his (their) free act and deed.
.
�':"""�. MICHAE
:�'� „ ' NOTARY Pue�P C'AFFRpN
:. '��'�� HE M►NNESOT NO ARY PUBLIC
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►�v comm(ss o�E pfrGe`sOVNTY
`°otoco�,t j�
: � �� �� �2�3� .
� MY COMMISS ON EXPIRES
STATE OF MINNESOTA )
)ss. '
COUNTY OF HENNEPIN )
On this �(�� day of .S-cyY'��� , 1985, before me
a Notary Public within and for said County, personally appeared
�tM.-�s�,u� ,g . ,/�g(� -�T— k n own t o me t o b e t h e
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
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' ;��_,'� MIC NOTARY PUBLIC
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