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Home My WebLink AboutResolution 2416 City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2 416 -3q Ll 'l A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1264 WHEREAS, Thomas R. Smieja (hereinafter "the applicant" ) is the owner of the property located at 20 Cygnet Place within the City of Orono (hereinafter "City") and legally described as follows: Lots 1 & 2, Block 2 Swan Lake Addition, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28 , Subdivision 5 (B) to permit the construction of a single family residence on a substandard vacant property of area 1.37 acres in the RR-1B zoning district where 2.00 acres minimum lot size is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1264 . 2. The property is located in the RR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 18, 1988, and recommended approval of the proposed variance based upon the following findings: A) The lot size is consistent with existing developed lot sizes in the general area. B) The applicant has demonstrated that the lot contains suitable area for primary and alternate drainfield sites, while still allowing the development of the house, driveway, and other normal amenities, without creating a potential health hazard in the neighborhood. C) No adjacent property is available for purchase to make this lot conforming in area. 4. The property has been in single seperate ownership since prior to the rezoning of the property from 1 acre minimum lot size requirement Page 1 of 4 t City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2416 rs � to the current 2 acre requirement in 1975. The property is considered a lot of record in single separate ownership per Section 10.03 , Subdivision 6 A (3) of the Orono Municipal Zoning Code. 5. The property cannot be put to a reasonable use if used under conditions allowed by the offical controls. 6. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 7. The variance, if granted, will not alter the essential character of the locality. 8. 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. 9. The City Council finds that the conditions existing on this property are pecular 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on the 1.37 acre vacant property at 20 Cygnet Place, subject to the following conditions: 1. The existing accessory shed shall be moved to a conforming location behind both front lines of the proposed house, prior to issuance of a certificate of occupancy for the house. 2. Driveway access shall be to Cygnet Place and shall be located at least 100' south of the intersection of Watertown Road and Cygnet Place. The driveway routing within the property shall be located so as not to interfere with the primary and alternate drainfield sites. Page 2 of 4 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2416 ORONO 3. Park fee in the amount of $150.00 per the current fee schedule shall be paid with the building permit fee. 4. 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 (April 25, 1989 ) . 5. 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. 6. The undersigned applicants and property owners have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their 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 this 25th day of April , 1988 ATTEST or thy M. llin, City Clerk James R. Grabek, Mayor �v Property Owner(s) Property Owner(s ) Page 3 of 4 1 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2416 ORONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �� `�� day of 4�✓� , 198_ before me a Notary P blic 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. Patricia L. Peters SOTA — NOTARY PUBLIC HENNEPIN COUNTY NOT RY PUBLIC My commission expires 7-15-93 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this C16 41;-) day of 198z, before me a Notary Public within and for said County, personally appeared Y1Oknown to me to be the persons) described in Ahd who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Patricia L. Petersun NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 7-15-9,q MY COMMISSION EXPIRES Page 4 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono , Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on April 25 , 1988 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 27th day of April 19 88 orothy M. H lin, City Clerk (SEAL)