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Home My WebLink About#5178-variances-2004 - � � ° � 0 0 '��a_;- ,, C ITY of ORONO � ��,�� RESOLUTION OF THE CITY COUNCIL �L�kESI3�4'�G NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-3018 WHEREAS, Kevin Krolczyk and Michele Krolczyk, husband and wife (hereinafter "the applicants") are the owners of the property located at 65 Cygnet Place within the City of Orono (hereinafter the "City") and legally described as follows: Lot 2, Block l, Swan Lalce Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a new residence to be constructed on a 1.17 acre lot where 2 acres is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FI\TDINGS 1. This application was reviewed as Zoning File #04-3018. 2. The property is located in the RR-1B Zoning District, which requires a minimum lot area of 2 acres and ininimum lot width of 200'. 3. The Planning Cominission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the variance based on the followin� findings: a. No additional land is available for acquisition by the applicants to make the property conforming in area. b. The property is served with municipal sewer. A single family residence has existed on the property for many years. Page 1 of 4 . � �� O 4 ��aa_.- C ITY of ORONO ,� . �, � �"�� ti RESOLUTION OF THE CITY COUNCIL �L`9kESH04�G NO. � � � � c. A new single family residence can be constructed on the property meeting all setbacks and other pertinent zoninj standards. d. The size of the pi-oposed residence and property is consistent with other approved development in the neighborhood. 4. The City Council has considered this application including the findings and recommendation of the P1aiuling Commission, reports by City staff, cominents by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the cominunity. 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 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 Zoning Code and Comprehensive Plan of the City. CO�`CLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow construction of a new residence on a 1.17 acre lot within the RR-1B, 2 acre miniinum zonin� district, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confonnity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtaining a buildin� permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 24, 2005). Page 2 of 4 . � �� O 0 ��;a= - ciTY of ORON4 � �� .� ``�s/, p�' RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. �� ' ,� 3. 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 aranted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 24`" day of May, 2004. ATTEST: � � � �-�-- � � ' �.LG'�� •��,!/�✓•�� L� �^'�� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ��I (.��-�.� �i-"Z,-(��Z---� ope ner(s) STATE OF MINNESOTA COLNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24`h day of May, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��. � ��` � ':�: -� : � � �. �'Y`' �. „�� .��^1:��'f'j�.: ;;; ,� s." @CR� 1�.� '�`- � ,. Not ry Public � �'� �'-p � :�e.�E'�� .,;�� .. '` 1 �.J` �i �I'�i�..�!!t.e� `�i � `�.'' �y�`�,.�. � :.J �^ Page 3 of 4 � � � °� 0 0 �'� CITY of ORONO �a _ � ,�:, ti �� p'�' RESOLUTION OF THE CITY COUNCIL ��kESH04'� NO. �? � 7 � STATE OF MINNESOTA COUNTY OF HENNEPIN y�-, The foreaoing instrument �vas acknowled�ed before me on this�� day of 11;��,CY�'�.�" , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota mun p corporation and said instrument was executed on behalf of the City. . ._..��< <>:-�;: Ft/',�hEL DQ�GE `r` �� NOT„RYPUBUC-M!h'?d'c":OTA � ��J`�..-G�-�� '�-1 �___.- ' tvty Commission Expires Jan.3t,2��J; i.� °`� ^� _r Notary Public ` - �,�._ . STATE OF MINNESOTA COUNTY OF HE�NEPIN This instrument was acicnowledged before me this ��day of /�!�:.�.�` , 2004 by Kevin Krolczyk, husband of Michele Krolczyk. ° , ;' DENISE M.LESKINEN f�'��/,-'' - ,,� NOTARY PI�UC-l�NNESOTA � ��,(�,`G � , � :,,,;=� t�lyCamdSsionE�iresJan.31,20�5 � Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this L� day of �.-�au� , 2004 by Michele Krolcyzk, wife of Kevin Krolczyk. � ,f r ,�_ DENISE M. LESKiNEN ��j;.� ��'.� NOTARY PUBLIC-MINNESOTA ' � ' :;,-,.: My Commission Expires Sa�.31,��Ci� �� Notary Public �-�-�� ,'�:.-� �:t::�;�.y�.<_..,.. Page 4 of 4 CERTIFICATE OF SURVEY FOR KEVIN KROLCZYK `° `� OF LOT 2, f3LOCK 1, SWAN LAKE ADDII�ION � � HENNEPIN COUNTY, MINNESO-I A � j66,40 "' ;��a -- � �� 0°58'40" � `Y `_'�p'�/ � � . `.� ^ —1 � � r.w� Y { 1�� . � l ' �y ��y9.g��? ��' �� `+�Ji�c I . ��'a ^...��' ]1?� . n< / � h� �. u �4 �...... ^ p pR�P�p�+ J ....r4y"�t��i�� U 1.,'� ✓J a Ppo�� r'° � +`�' !� i r ��"i� � � ,s , �'� i o �� a i� „�ti ' '�\ ��P'�O`�"'�. � o ^� �'fo V`6' � yv/ (n � � '�EIASf�IC: �� 1�7 2'•�HOuSE . � !'� � hd� � ` 1 i J �,} �\ 4D � �� " `.`�'��\�. �+`P ...�r�-_ �. \ �u�.�/t`�V��I�� .� '` � po fls 9��g � fi� 0, � Eec�ti�'�. !�`69 !� �'• 9 �Qr W � iy., �p� 5�� LEG?.L DESf,ftiPT1011 Uf' FRE�,IISES - .'.. .__" ` - . . . ... ................... , Lol 2. 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