HomeMy WebLinkAboutResolution 2645 ,,c.�� �•`°
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��� `Jd �;.: Cit� o� ORONO
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-: � -, RESOLUTION OF THE CITY COUNCIL
. :.� NO. 2645
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A RESOLIITION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SDBDIVISION 5 (B)
FILE #1404
WH$R]3AS , John D. Miklethun (hereinafter "the
applicant") has an interest in the property located at 1385
Cherry Place within the City of Orono (hereinafter "City") and
legally described as follows:
Tract B, Registered Land Survey No. 615, Files of the
Registrar of Titles, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the app 1 i cant ha s app 1 i ed to the Ci ty f or a
variance to Municipal Zoning Code Section 10.24, Subdivision 5
• (S) to permit the construction of a single family residence on a
lot of 0.456 acres (19,873 square feet) in area, where a lot size
of 1.0 acres (43,560 square feet) is normally required for
construction of a single family residence.
NOW, THERLFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota: .
FIIdDINGS
1. This application was reviewed as Zoning File #1404.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this app].ication
on May 15, 1989 and recommended approval of the proposed
variance based upon the following findings:
A) Municipal sewer is available and has been assessed
to the property.
B) A house existed on the property since prior to
1956. That house was removed in 1986.
C) There is an existing well on the property.
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D) The proposed development of the property falls well
within the requirements for limitation of hardcover on
the property.
E) The proposed residence meets all required lot line
setbacks.
F) The lot size is typical of the neighborhood, being
� 19 , 873 square feet or 0.456 acres. The range in
neighboring developed lot sizes is from 11,500 square
feet to 40,000 square feet, with an average of 20,764
square f eet.
G) This lot is typical of buildable lot sizes granted
variances in contemporary times in the LR-1B zone.
. H) No additional land is available.
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,
s af ety and we 1 f are of the community.
5. The City Counci 1 f inds that the conditions exi sting 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.
CONCLDSIONS, 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 10.24, Subdivision 5 (B) to permit the construction
of a single family residence on this lot of 0.456 acre where a
lot size of 1.0 acre is normally required for construction of a
single family residence, subject to the following conditions:
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�: `d :;��' Cit� o� ORONO
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���� RESOLUTION OF THE CITY COUNCIL
; t��7''�K
� , � NO. 2645
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� 1. The existing well pit shall be filled and made non-
hazardous as part of the house construction and prior to
issuance of the Certificate of Occupancy.
2. No further variances shall be granted for this property.
3. Driveway access location shall be reviewed and approved
by the Public Works Director prior to driveway instal lation.
4. 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 (June 12, 1990).
5. Violation of or non-compliance with any of the terms and .
conditions of this variance shall constitute a violation of
• the zoning code, shal 1 automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
6. ' The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf �
of herself, her heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property. t
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 12th day of June,
1989.
ATT ST: �
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Dorothy Halli , City Cler„�! James R. Grabe , ayor
x s
op rty wner s �
, �.
a.6�
• pplicant(s)
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Y -� . Cit� of ORONO
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�':z;;t � RESOLUTION OF THE CITY COUNCIL
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� �� NO. 2645
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STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on �
this 12th day of June, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota �
municipal corporation and said instrument was executed on behalf
of the City.
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No ary Public �.j�Srµ.��.;� �,q R K. SCHEFFLER �
�'y=� '� NO AR PUBLIC—MINNESOTA
�"`����'��r HENNEPIN COUNTY
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• My Commission Expires
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• � ' RESOLUTION OF THE CITY COUNCIL
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, �: � NO. 2645 .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s ao�� day of \J� , 19 8�j
before me a Notary1 �ublic within and for said county, personally
appeared JO� � 'K�1�-�'1�QQ1Y� �.�lk.�e�i� 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.
-� MARY L:JOHNSON
:� NOTARY PUBLIC—MINNE$pTA NOTARY PUBL
• HENNEPIN COUNTY
N►r commFufon expn�s Mar s.1992
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY _OF HENNEPIN )
On this day of , 198 , before me
a Nota y P� wi -hin and for said County. persona7.ly appeared
X known to me to be �the
person s) described in d who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. •
. NOT Y PUBLIC
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� MY COMMISSION EXPIRES
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Page 5 of 5 # 10ANNE R. DUDEK
"��. NOTARY PUBLIC-MINNESOTA
' � � HENNEPIN COUNTY
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