HomeMy WebLinkAboutResolution 3095 t�� ,-,� ,
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CITY of ORONO
��� �G'�' RESOLUTION OF THE CITY COUNCIL
9kE3HOg' NO. 3 0 9 5
A RESOLDTION GRANTING
A VARIANCS TO MUNICIPAI. ZONING CODE
SECTION 10.27, SIIBDIVISION 5 (B)
FILE #1718
WHEREAS, Davis Fansler (hereinafter "the applicant") is
ov��r_er of the property located at 4180 Bayside Road within the
City of Orono (hereinafter "City") and legally 3escribed as
follows:
The West 23 acres of that part of the Southeast Quarter of
the Southe,ast 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
WH$REAS, 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, THERLFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1718.
�. The property is iocated in L-he RR-lA Zcning Di��rict.
3. The Orono Planning Commission reviewed this application
on March 16 , 1992, and recommended approval of the
proposed variance based upon the fol lowing findings:
A. Due to steeply sloping topography, the house has
been placed 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
TMANSFiR ENTER�D Placement at the top of the ridge in order to
D�ff Of 1'1l'0'ERTY TAX 6 PUDLlCREOORflS minimi ze the impact on extreme dense vegetation.
APR �8 1992 Page 1 of 4
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��� G�' RESOLUTION OF THE CITY COUNCIL
9kESH04'� NO. 3 0 9 5
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 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.
CONCLDSIONS, 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:
l. A copy of the easement from the adjacent property to
the west grantin� access to 4180 Bayside Road must be
submitted to the City prior to the issuance of a
bui lding 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.
Page 2 of 4
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�b - C ITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�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.
<<^^�`;:
AT ST:
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D roth . Hal in, City Clerk Barbara A. Peterson, Mayor
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Property Owner(s ) �r
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
municipal corporation and said instrument was executed on behalf
of the City.
��� - ,�
LINDA S. VEE �TA L ��._�:0,�__- �.; , /'� C�,.�
NOTARY PUBLIC - MINNES Notar Public
HENNEPIN G^JNTY
My commissr_n "x:-.v>.= 3-12-96
Page 3 of 4
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
9kE3H�g' NO. 3 0 9 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this o2.3 '� _ day of _�G7►�c-!'� , 19 9 a2
before me a Notary Public within and for said county, personally
appeared �� Dl V i S �a n� I e� 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 ' ,�, ��_;e J
NOTARY PUBUC - MINNESOTA
HENNEPIN COUNTY NOT Y PUBLIC
" My oommission explres&12-68
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
, 199 before me
On this �'�� day of G . �
a Notary Public ithin and for sai County, personally appeared
�x.,f�a,r.t, 1�J ��,•r�(.e,�• 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.
�M�Y •
.. ����� NOTA U�BLIC
My Coarn.6�Nes 12-19�9T
Page 4 of 4
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RESOLUTION #3095
STATE OE MINNESOTA )
)
COUNTY OF HENNEPIN )
) �
CITY OF ORONO )
I Dorothy hf. Hallin , City �Clerk of the City of Orono , Hennepin
County , i�7innesota , do hereby certify that I have compared the
for�go�_n� Cnnv of a resolution of the City Council of the City of Orono
with the origir�al recora of suci: :�salu�ia� ii. '�:�� �^�nJu�= �f �'�2
proceedings of said City Council at a meeting of said City Coancii held
on March 23 , 1992 , 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 se�t my hand and seal this
� 24th , day of March • 19�—•
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Dorothy a11in , City Clerk
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