HomeMy WebLinkAbout#3095-variance-1992 , f
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�b._- CITY of ORONO
�� G'� RESOLUTION OF THE CITY COUNCIL
� � 3095
9kESH�g' NO.
A RESOLIITION GRANTING
A VARIANCE TO MIINICIPAL ZONING CODE
SECTION 10.27, SIIBDIVISION 5 (B)
FILE #1718
WHEREAS, Davis Fansler (hereinafter "the applicant") is
owner of the property located at 4180 Bayside Road within the
City of Orono (hereinafter "City" ) and legally described as
follows :
The West 23 acres of that part of the Southeast Quarter of
the Southeast Quarter of Section 31 , Township 118 North,
Range 23 West of the 5th Principal Meridian, lying South of
the southerly right-of-way line of the Luce Line Trail.
(hereinafter "the property" ) ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.27, Subdivision 5
(B) to permit the construction of a principal dwelling 75' from
the front or street side lot line where a 100' setback is
required.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1718 .
2 . The property is located in the RR-lA Zoning District.
3 . The Orono Planning Commission reviewed this application
on March 16 , 1992, and recommended approval of the
proposed variance based upon the following findings:
A. Due to steeply sloping topography, the house has
been p laced at the edge of the ridge in order to
minimize erosion and the major cutting into
steeper elevations.
B. Severe slopes to the east and north require
placement at the top of the ridge in order to
minimize the impact on extreme dense vegetation.
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�b. - CITY of URONO
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�� �'�' RESOLUTION OF THE CITY COUNCIL
��kESH�4�' NO. 3 0 9 5
4 . The City Council has considered this application
including the findings and recommendations of the
P lanning Commission, reports by City staff, comments by
the applicant and the effect of the variances 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 demonstrable 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, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Sections 10.27, Subdivision 5 (B) to permit the construction of a
principal dwelling 75' from the front lot line, subject to the
following conditions:
1 . A copy of the easement from the adjacent property to
the west granting access to 4180 Bayside Road must be
submitted to the City prior to the issuance of a
building permit.
2. Authorities granted by this resolution run with the
property not with the applicant, 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
(March 23 , 1993 ) .
3 . Violation of or non-compliance with any of the terms
and conditions of this variance 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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� O�
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-0b- - CITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
t9kESH�4� NO. 3 0 9 5
4 . The undersigned applicant has 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 23rd day of March,
1992.
ATT T:
�,^ . �
/ / J •
othy M llin, City Clerk Barbara A. Peter on, Mayor
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Property Owner(s )
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 23rd day of March 1992, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipa 1 corporation and said instrument was executed on behalf
of the City.
�
_,.!��.�A.� �J � [/.��—
. �rn'DA S. �NNESOTA Notary Public
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:b: - CITY of ORONO
� �
�� G'� RESOLUTION OF THE CITY COUNCIL
t�kESH�4� NO. 3 0 9 5
STATF OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this �3 - day of �l'I a ��f'� , 199�
before me a Notary Public within and for said county, personally
appeared �� �,'S FCl f�5 �z' % 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.
� LINDA S. VEE
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NOTARY PUBLIC - MINNESOTA
�'� —:� HENNEPIN COUNTY N T Y PUBLIC
�.�� My commission expires &12-98
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
�t � 199�, before me
On this � day of �.� ►
a N tary Public wit in and for id 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.
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•• JAMIE L.BOSMA �i�t-a�-
;�� ' ' NpTARYPUBUGMINNESOTA NOTARY UBLIC
• HENNEPIN COUMY
•,.,. � My Comm.Expires 12-19-97
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