HomeMy WebLinkAboutResolution 2251 r, f
� � � Ci.t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2251
• - • •
A RESOLDTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.27, SIIBDIVISION 5 (B)
FIL$ #1185
WH$REAS, Gary Carlson (hereinafter "the applicant") has an
interest in the property located at 965 Edgewood Hil ls Road within the City
of Qrono (hereinafter "City") and legally described as Tract B, Registered
Land Survey No. 1098, Hennepin County, Minnesota (hereinafter "the
property") ; and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the
construction of a single family residence on a property that consists of
approximately 1.5 acres instead of the required 2 acres to be located 30
f eet f rom the f ront property 1 ine instead of the required 5 0 f eet.
NOW, THEREFORE, BE IT RESOLV$D by the City Council of Orono,
Minnesota: ,
� FINDINGS
l. This application was reviewed as Zoning File #1185.
2. The property is located in the RR-1B, Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on August
17, 1987, and recommended approval of the proposed variances based
upon the following findings:
A) Severe slopes on east portion of lot restrict building
envelope.
B) Only area available for on-site septic systems intersects the
building envelope.
C) The proposed deve lopment of Tract B wi 11 create no traf f ic
hazards nor be detrimental to the public health, welfare and
safety.
D) The proposed development of Tract B is consistent with the
rural residential and on-site septic standards of the City.
E) Applicant is creating turnaround on property to serve
• emergency vehicles by constructing a loop driveway.
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� Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� � NO. 2251
• - � •
.r,;
F) RLS 1098 was approved by the City in 1963 prior to the
current . RR-1B, two acre minimum lot standards that became
effective in September of 1967. The majority of the properties
within the RLS have been developed under less restrictive setback
standards.
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 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 demon-
• strable 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.
CONCLIISIONS, ORDffit d�IdD CONDITIONS
Based upon one or more of the f indings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.27, Subdivision 5 (B) to permit the construction of a single family
residence on the property located at 965 Edgewood Hills Road, subject to
the following conditions:
1. Prior to issuance of a building permit, the applicant must submit
septic design and f inal site grading plan for all alterations
invol ving driveway (turnaround), house foundation and grade changes to
redirect drainage from septic area.
2. Applicant must provide City with temporary erosion control plan to
cover entire construction period, this would include all preliminary
grading submitted at the time of application for building permit.
3. The alternate and principal septic test areas must be protected
with temporary fencing prior to any land alteration activity on the
site.
• 4. Applicant shall grant to the City an underlying road and utility
easement over an existing easement that has been designated as a part
of a future turnaround for Edgewood Hills Road.
5. No other variances are granted or permitted for this structure.
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�, Ci.t� o� ORONO
� � - RESOLUTION OF THE CITY COUNCIL
� NO. 2251
• - • •
6. Applicant is advised that land alterations not covered under
Section 10.03, Subdivision 21 of the Zoning Code shall require a
separate conditional use permit review before such land alterations
can be implemented.
7. Authorities granted with this resolution 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 (August
24, 1988).
8. 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.
9. The undersigned applicant have 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 24th day of August,
1987.
�; - .
ATTEST: - ' �
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Do�othy M. al in City Clerk Jam�es� Gra "� , a or
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r � rty Ow er(s)
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�
' `� • ^� � .
� Clt� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� ' NO. 225�,
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On this ��� day of (,c.S T _, 1987
before me a Notary Public within and or aid county, personally
appeared
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.
./�(/
THElIE�A L. NAAB NOTARY PUBLIC
• �HENNEPIN COUNTYTA
/Ar aom�Non�acpuo�as-s2
�- �-9 a
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On thi s ��� day of � �(.-��� , 19 8� bef ore me
a Notary Public within and for sa d County, personally appeared
�A�PI3!'�,�A �. �!�-.CL�Sa� 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.
. G'O�•
NOTARY PUBLIC = „
�� IONE M. NIEBUR
l� � NOTARY PUBLIC-M�NNESOTA
HENNEPIN COUNTY
My Commission Expires Sept. 13, 1991
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� MY COMMISSION EXPIRES
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