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HomeMy WebLinkAbout#4036-variance-1998 � .� 01V. 0 0 � -t �, ��� CITY of ORONO � ti i' �� �'�'/ RESOLUTION OF THE CITY COUNCIL �kESH�S�`� � NO. � �� `; �3 � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 5(B), FILE NO. #2334 WHEREAS, Jeffrey and Elizabeth Jacobsen (hereinafter "the applicants") are the owners of the property located at 127 Chevy Chase Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 14, Block l, Hill O' Way Manor (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.20, Subdivision 5(B) to permit the construction a new residence on a lot of record that does not meet lot area requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application �vas reviewed as Zoning File #2334. 2. The property is located in the R-lA Single Family Residential Zoning District requiring 1 acre in area. The property consists of 23,731 s.f. or .54 acre. 3. The Orono Planning Commission reviewed this application on February 17, 1998 and recommended approval of the proposed variance based upon the following findings: 1. A residence had previously existed on the property. 2. The lot was platted prior to cunent zoning requirements. 3. No other variances are necessary in constructing the proposed residence. Page 1 of 4 � °� _ 0 0 ��di- � CITY of ORONO � �� �� �,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4'� NO. �, `.;' F' 9 4. 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 variances 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 Zonino Code and Comprehensive Plan of the City. 5. 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 allow the construction of a new residence on the zoning lot consistin� of 23,731 s.f. or .54 acres where 1 acre is required. 1. 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 23, 1999). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zonin� code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersijned applicants have read, understood and hereby a�ree 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. Page 2 of 4 � O � � O O �a�- C ITY of ORONO � � � ���� t,ti' RESOLUTION OF THE CITY COUNCIL �kESH�4� NO. L�. �;�j `�, � - Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of February, 1998. ATTEST: � , l/�L�-� �J. �/�� Linda S. Vee, City Clerk Gabriel abbour, yor � � .� � , %��l��z�- i-����,� -Property Own r (s) � r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ~� j ,l yu�-,' ,r:�I-��.; ;� Notar �ublic �.`.�'�=�, ��� JAMIE L.GEMAR �;, `` ' NOTARY PUBLIC-MINNESOTA '�� HENNEPIN COUN7Y �'-�'s• ires Jan.31,2000 •„ My(�rttMssion E� Page 3 of 4 . ' � O ' V O O �b - CITY of ORONO .� � , ti �� G'�' RESOLUTION OF THE CITY CO�JNCIL t9kESH�4� N0. � � �� � - '��' -- „ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , On this .- ��i day of . �- ; c. -4..1' ,a199�before me a Notary Public within and _ for said county, personally appeared � � .` •� � "�L - �:c_ ' , ,: -e�- - �r���c�L��� known to me to be the person(s) describ' d�n anc�who exec�t ed the fore oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � • • JAMIE L GEMAR �. .'YyL,z;�--� Kf�-�,c ��UN1Y TA NO�A Y PUBLIC� '�� rtdssion ires Jan.31 2000 `. My Com FxD .�-. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_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 foregoing instniment, and acknowled�ed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4