HomeMy WebLinkAboutResolution 2133 . ,
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��° `�"°:� � RESOLUTION OF THE CITY COUNCIL
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A RESOLDTION GRANTIIdG
A VARIANCE TO
MDNICIPAI� ZONING CODE
SECTION 10.28, SIIBDIVISION 5 (B)
FILE #1105
WHEREAS, Thomas and Joanne Hitch (hereinafter "the
applicant") has� an interest in the property located at 1180 Lyman
Avenue within the City of Orono (hereinafter "City") and legally
described as follows: -
That part of Tract A lying Easterly of the following described
line: Beginning at the most Northerly corner of said Tract A;
thence Southerly to a point on the south line of said Tract A,
distant 120 feet West from the Northeast corner of Tract B, and
there terminating; all 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 "the 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 �ew residence on a lot with 65,153 square
feet in area instead of the required 87,120 square feet.
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NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota: '
FINDINGS
1. This application was reviewed as Zoning File #1105.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
February 17, 1987, and recommended approval of the proposed
, variance based upon the following findings:
A) This parcel was created prior to the creation of the RR-
1B zoning district.
• B) No additional land is available.
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C) No other variances are requested.
D) A lot area variance for this property was approved in
. 1977, again in 1983, and again in 1985.
e) There is suitable access to the property. A variance to
the requirement for' frontage on a public road is appropriate
to be c�ranted.
f) Suitable drainfield sites have been located on the
property. A suitable septic system has been designed for
the proposed house.
g) The building envelope is adequate for the current zoning
district and consistent with surrounding development. The
lot meets the 200' width requirement as measured at the 50'
front setback line.
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 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 preserve 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 10.28,
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, and grants a variance to the requirement for
frontage on a public road, subject to the following conditions:
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RESOLUTION OF THE CITY COUNCIL
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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 (February 23, 1988).
2. Violati'on 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.
3. The undersigned applicant has read, understood and hereby
� 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 23rd day of
• Feb ary, 1987.
ATT T:
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Do thy . Hallin, City Cler ~ Jam R. Grabek, Mayor
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roperty Owner(s)
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� � �,y����, Cit� o� ORONO �
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• �. RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s �r'� day of / u 'G��� , l g g�
before me a Notary Public within and for said county, personally
appeared � ,*�Q n n�_ • ����-C��� known to me to be
the person(s) escribed 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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�����YG�MNNE OTA NOTARY PUBLIC
MENNEPIN COUNTY
Myt�rnw�on�cptras s-e-sz
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MY COMMISSION EXPIRES
STATE OF MINNESOTA ) -
)ss.
COUNTY OF HENNEPIN ) �
On this �2� day of �(/�-2.Gi-k , 198�, before me
a Notary Public within and for said County, personally appeared
__��fDtM�4S �. �-rJTc.�-� 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.
C �
MICHAEL P. GAFFRON NOTARY PUBLIC
`�i�� NOTARY PUBLIC-MINNESOTA •
' HENNEPIN COUNTY
IWy Commission Exp�res June 11,7987
.J w� // /987
MY COMMISS ON EXPIRES
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