HomeMy WebLinkAbout#4243-variqance-1999 _ �
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�D .- C ITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
t`9 4�' NO. � � :' `=�
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A RESOLUTION GRANTING
A VARIANCE TO
NIUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 5 (B)
FILE #2455
WHEREAS, Kristine E. Strauman and Roger E. Strauman (hereinafter "the
applicants") are owners of the property located at 123 Chevy Chase Drive within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 12, Block 1, Hill O'Way Manor, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannina
Commission held a public hearing on February 16, 1999, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Niunicipal
Zoning Code Section 10.20, Subdivision 5 (B) to permit a lot area variance to remove the
e�cisting residence to allow for a new residence to be constructed where .529 acres is the total
lot area and a minimum of 1 acre is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
l�tinnesota:
FINDINGS
� 1. This application was reviewed as Zoning File #2455.
2. The property is located in the R-lA Zoning District, where 1 acre or 43;�60 sq.
ft. is the minimum lot area. The property consists of .529 acres.
3. The Planning Commission reviewed this application on February 16, 1999, and
recommended approval on a vote of 4 to 0.
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4. The Planning Commission made the following findings of fact:
A. The proposed residence will meet the minimum setback requirements for
the R-lA Zoning District.
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 nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.20, Subdivision 5 (B) to permit the
existing residence to be removed to allow for new construction on a lot with .529 acres where
1 acre is required. Approval was subject to the following conditions:
l. The applicants shall apply for a demolition permit.
2. Authorities granted by this variance run with the property not with the
applicants, 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 22, 2000).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
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�� �,�' RESOLUTION OF THE CITY COUNCIL
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4. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 22nd day of February, 1999.
ATTEST:
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Linda S. Vee, City Clerk Gabn Jabbour, Mayor
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
February, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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�• MARY ANN JOHNSGV ?��
• NOTARY PUBLIC-MIN�'�SO�A ��t
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi �d day of �`�r� .�. ,- , 1999 before me a I�'otary Public within
and for said county, personally appeared '� -'- ,� r `1trr�u� a n M��r��"�
known to me to be the person(s) described in and who executed the foregomj uistniment,and
acknowledged that he (they) executed the same as his (their) free act and d�d.
�r��r-� CF,ROLE A.NA�EP�1?.N ' � � �'� �-% ,� ,�� '> ,'-'z�,•.�'
' =::'w.��.d�� NOTARYFUEUC-i4f!':'!ESOTA NOTARY PUBLIC
(� �\�?� �:� HE�liJEr!'v'CCU"J i Y l;
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 3,e�1 day of � u � c s f , 199`) before me a I�otary Public within
and for said counry, personally appe ed o � �- f ,2 d r� 'r. � �
known to me to be the person(s) described i and who executed the foreQoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
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NOTARY/ UBLIC '
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�:�.�.° My Commissi�:�;,ires Jat�31,2000 �}
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