HomeMy WebLinkAboutResolution 2323 . ��.il � .
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I• RESOLUTION OF THE CITY COUNCIL
Q� NO. 2323
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A RESOLDTION GRANTING
1� VARIANCE TO �
MUNICIPAL ZONING COI)$
SECTION 10.24, SOBDIVISION 5(B)
FILE #1226
WHEREAS, Winton Wold (hereinafter "the applicant" ) has an
interest in the property located at 4650 North Shore Drive within the
City of Orono (hereinafter "City") and legally described as follows:
Tract B, Registered Land Survey No. 1036, Hennepin County,
Minnesota (hereinafter "the property" ) ; and
TnTHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to
permit the construction of a single family residence on a lot
containing 0.77 acre in area where 1.0 acre in area is normally"
required for a building site.
NOW, TH$REFORE, BE IT RESOLV$D by the City Council of Orono,
� Minnesota: .
FINDINGS
1. This application was reviewed as Zoning File #1226.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
November 16, 1987 , and recommended approval of the proposed
variance based upon the following findings:
a) No other land is available for purchase.
, b) The lot size is consistent with existing developed lots
in the neighborhood.
c) The lot size variance is consistent with lot size �
variances previously approved in the area and in the LR-1B
zone generally.
d) Municipal sewer is available and the property has been
assessed for sewer.
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• RESOLUTION OF THE CITY COUNCIL ,
� NO. 2323
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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 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.
• CONCL�SIONS, ORDSR AND CONDITIONS ,
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.24,
Subdivision 5(B) approving the construction of a single family
residence on a lot of 0.77 acre where 1.0 acre in area is normally
required subject to the following conditions:
1. A 20' wide access easement centered on the property line
between Tract D and Tracts A and B, is hereby approved. The rear
setback for Tract B shall be measured from the actual lot line
between Tracts B and D.
2. A grading plan slia�l be submitted f or City review and approval
prior to construc�ic�:� of the driveway access to Tonkaview Lane.
The driveway shal� contain an apron of not more than 2� slope
and extending at ��ast 20' back from the shoulder for safety
purposes where the ���_veway enters onto Tonkaview Lane.
3. If that access is not constructed and that easement is not
� created, Tracts B & C �,�ould be required to share a single access
to County Road 19 a.•�, a location to be determined by Hennepin
County at the time � C�unty access permit is applied for.
4. Park Dedication fe� o€ $390.00 per current fee schedule to be .
• paid with building ge��=�ro
5. Standard $225. 0� se`eer unit trunk charge to be paid with
building permit.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2323 �
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6. Authorities granted by this variance 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 (December 14, 1988).
7. 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 authori�y granted
herein, and shall be punishable as a misdemeanor.
8. 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 Orono City Council on this 14th day of
Dece ber, 1987.
• ATT ST:
�� .
h allin, City Clerk Jam�s R. Grabek, Mayor
� � �� J �� � w
P o erty Owner s ) "
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W
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Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2323
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
0 � da of �CJ2Ce��r , 198 �
On this a` Y —
before me a Notary Public within and for said county, personal ly
appeared /� � �.Q.c.t��i!'l_ __ known to me to be
the person(s) descri d in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
`/��-(�G�%`—'
NOTARY PUBLIC
TFIElIEaA 1» NAAB
• MOTAl1�PUBLlO�MINNESOTA
NlNNEPIN COUNTY
' 1b��OCp1�Gi&&92 �i�i�a
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) .
)ss.
COUNTY OF HENNEPIN )
On this Jr� day of LCQYL ' , 198d , before me
a N tary Pu li ithi and for aid Count , personal ly appeared
� ��,.� �y� �� �A�� � 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.
. �� �
NOTAR UBLIC
THERE8A L. NAAB
�� Pi18L1'0�MINNESOTA
Ob EN°°�roaN°"N�ocptrwN� ��/pl.
MY COMMISSION EXPIRES �
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� � . . C�t�� o� ORONO� . . .
� RESOLUTION OF THE CITY COUNCIL '
� NO. 2323
�
' � - � •
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
��
On this �� � day of a%�.u-� , 198�'
before me a Not y Public ith'n a for sa county, personal ly
appeared , �� known to me to be
the person(s) des ribe in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
. y°"�'g CAROL NORDBY (���t�-e
�1A:, �OTARY PUBLIC-MitvNE50iA
• � Het��vcPIN COUNTY NOTARY PUBLIC
My commissioa exnires May 18,1988
, ���/�� .
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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