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Home My WebLink About#4600-variances-2001 � � . . ,� , • %_---_— j O -� � � O O �.b. - CITY of ORON4 � �� ,� G'�/% RESOLUTION OF THE CITY COUNCIL � ��kES�� N0. f`' '` � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISIO\' S (B), FILE NO. 2646 WHEREAS, John H. Adams and Clea T. Altman, (hereinafter"the applicants")are the owners of the property located at 4245 Chippewa Lane within the City of Orono(hereinafter"the City") and legally described as follows: The east Quarter of South Half of northwest Quarter of southeast Quarter of Section 31, Township 118, Range 23, Except the railroad riahtaway, together with an Easement for passaje and travel over the north 1 rod of south half of northwest Quarter of southeast Quarter of said Section 31, according to the U. S. Government Survey thereof, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B)to permit new residential construction on a 4.89 acre lot where 5 acres is required. WHEREAS, after due published notice and mailed notice in accordance w�ith Minnesota Statutes and the City of Orono Zoning and Plan.ning Codes, the Orono Planning Commission held a public hearing on January 17, 2001, at «-hich time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie��ed as Zonin� File =�646. 2. The propert�- is located in the RR-lA Zoning District,where 5 acres is the minimum required lot area. The property consists of appro�imately 4.89 acres. 3. The Orono Planning Commission reviewed this application on January 17,2001 and recommended approval by a vote of 4 to 0. Page 1 of 5 � -_� �,� �� O� O O \ �b. - CITY of ORONO � � �',� G'� � RESOLUTION OF THE CITY COUNCIL �\kES� NO. � �':' � 4. The Planning Commission made the following findings of fact: A. There is no additional land to combine with the property. B. The lot was platted prior to current zoning requirements. C. The lot can be developed without the need for further�-ariances. D. The property has been developed with a residential use since at least 1965. 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 zoninQ district; that granting the variance will 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 riaht of the applicants; and would be in keeping with the spirit and intent of the Zonin� 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 Cin� 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 10.27, Subdivision 5 (B) to allow new residential construction on a 4.89 acre lot where 5 acres is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council revie�v. Page 2 of 5 j O\ �� . . � 0 \ �.e. - CITY of ORON� ,� � -� � � � � � ,� � RESOLUTION OF THE CITY COUNCIL ��kESH� NO. �. ��,� y� 2. It is the intent of the City Council that any additional variances to develop the lot would not be looked upon favorably. 3. 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 these variances will expire on that date (January 22, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation ofthe zoninj code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of January, 2001. ATTEST: ;:-�'� �' � ; / '/ ' �� 1 � ,.�� '1 /1"��, �� • G��..�� .�r�tr-r"�-�' ' Linda S. Vee, City Clerk Barbara Peterson, ayor _ __ -- _ �~� . `T��'r�pertv dwner s Page 3 of 5 --� � /''O �? / � ' V O O \ �D. - CITY of ORONO ,� �, ) �,� �'� / RESOLUTION OF THE CITY COUNCIL ��kES� NO. �:i. :; �� i� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of January, 2001 by Barbara Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument�vas executed on behalf of the City. � � Lj�,� iC.�.�' �iGct�`y� No STATE OF MINNESOTA ) RACHEL DODGE � SS. NOTARY PUBLIC-MINNESOTA COUNTY OF HENNEPIN ) �'C°"'"�'0"�''�"31�� On this � c�t day of ��t��1�<<� `� , 2001, before me a Notary Public within and for said County, personally appeared -J� 4 "� E � F="a�a ►�� =, i r'�c�ie: known to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged that he ( free act and deed. RACHEL DOOGE - NGRARY PU6LtC-I�/�RE90fA �-- ;�_<�.�_ /�_ <_�_ d�t c_�.!CC� ��0"�01E7�''�i31'� Notary Public STATE ��b ) ) ss. COUNTY OF HENNEPIN ) � �. On this l day of -� f-1»�,tCt 1'�� , 2001,before me a Notary Public within and for said County, personally appeared J �'� E'c -T . �-� i +nY�i� - �;� ;��j1c knowrn 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. RACHEL DODGE �-��cr � /�-��_ /-/��'y`-� t�o�atY�-�A Notary Public My c,amnBsan E�iea ren 3t��006 .�._�._�� Page 4 of 5 .' � � ` Exhibit A • � �� . .. W�N • .. . . � �� . . �.'` • , _ ! � W � Z � . � • � � ' . � � ► _ � � �� -- ... � � �' 1 ♦ ♦ ♦ • � � ♦ � e �� •�� y ♦ ♦ �� . ♦ � � ` � �ir� . � • � � � � � � 1 � , � � i' . � �, �� `. . � : � � �. �, . ... ` ` , � - � �-- � ' � - . . � f -- _ .--�:. `' ' �� • Y „ , � ` � i i� -:-- � J :�� _�i � � :Y��:�'�+i. v , � � t � '�. 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