HomeMy WebLinkAboutResolution 2268 ., •
Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2268
�
� � � A R�SOL[TTION G1tAA1TYNG
A VARIAiNC$ TO
� M[TNICIPAL ZONING CODE
SECTIOI� 10.23, SQBDI�ISION 6 (B)
FILE #1195
, WH�REAS, Bob Kost (hereinafter "the applicant") has an interest
in the property located at 4760 Tonka View Lane within the City of Orono
(hereinafter 11City") and legally described as Lot 6, Berquist & Wicklund's
Addition . to Berguist and Wicklun.d's Park, Hennepin Gounty, Minnesota
(hereinafter "the property"); and
WH$REAS, the applicant has applied to the City for a variance to
. Municipal Zoning Code Section 10.23, Subdivision 6 (B) to declare 4760
Tonka View Lane a buildable lot, consisting of 24,891 s.f. or 58� instead
of the required 43,560 sef. .
N06d, THER$FORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
• ,_ l. This application was reviewed as Zoning File #1195.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District. .
3. The Orono Planning Commission reviewed this application on
September 8, 1987 and recommended approval of the proposed variance
based upon the following findings:
A) A recommendation for approval would ref lect consistency with
prior lot size variances in the area.
B) There is no other adjacent vacant land that can be combined
to create conforming lot size.
� C) City sewer is available and has been assessed against the
property.
: :�.�,.D) .•.. Hardcover. will; 'not, exceed 16� using the proposed site plan.
E) Out of 19 lots in the area, 12 lots (63�) fall below the .60
acre lot size.
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. ,
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clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2268 '
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5. The City Council finds that the conditions existing on this
property are peculiar to �it and do not appYy 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.
CONCY�IISIONS, ORDER AIaD CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.23, Subdivision 6 (B) to create a buildable lot of .58 acres in a 1 acre
zoning district requiring a variance of 42$.
• 1. To dedicate a 12�' road and utility easement along Tonka View
Lane.
2. To contact the Public Works Director for input on site access and
curb cut.
3. Applicant to pursue possible vacation of alley to the north.
4. To dedicate drainage and utility easements on the property as
advised by staff. •
5. 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 wil 1 expire on that date (September
28, 1988).
6. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
�. � . .:�:-::zoning code, � shalY �automatically terminate any authority granted�
� � �� �herein, and shall be punishable as a misdemeanor. � � • �
7. 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.
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c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
�� NO. 2268
�
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Adopted by the Orono City Council on this 28th day of September,
1987. � '
ATTE .
, � � '
0 othy allin, City Clerk� Jam s R. a , Mayor
P operty O ner( )
•
• .
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Cit � o� ORONO
�
� RESOLUTION OF THE CITY COUNCIL
� NO. 2268
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STATE OF MINNESOTA ) �
' ) ss. �
� COUNTY OF HENNEPIN ') .
. On this �9 '� day of Qc� b-e� , 198 7
before me a Notar Public with�i}? and for said county, personally
appeared ���r� /j") • K,0�5�'
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.
. . ��--�� �
�� VO�ARYZPUBLC pMINNESOTA NOTARY PUBLIC
HENNEPIN COUNTY
• My commtssion expires 7-15-93 ' �
�I l�r�
. MY COMMISSION EXPIRES
STATE OF MINNESOTA ) -
)ss. .
COUNTY OF HENNEPIN )
On this day of , 198 , 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 instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
. . .. ., .. . . . ...... .. . ... . .
� .. . �. . . NOTARY PUBLIC
� MY COMMISSION EXPIRES
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