HomeMy WebLinkAboutResolution 3009O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kESIi0 NO. 3009
A RESOLUTION GRANTING
RENEWAL VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1666
WHEREAS, Michael Hilbelink (hereinafter "the
applicant") has an interest in the property located at 2180
Prospect Avenue within the City of Orono (hereinafter "City")
and legally described as follows:
Refer to Exhibit A attached (hereinafter "the property");
and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of a single family residence on a
lot that consists of 22,490 square feet or .516 acres where 2
acres is required and a side/street setback variance that would
place the structure 41' instead of the required 50'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1666.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District requiring 2 acres of dry
contiguous land. The property consists of 22,490 square feet
or .516 acres.
3. The Orono Planning Commission reviewed this application
on July 15, 1991 and recommended approval of the renewal
variance application as proposed based upon the following
findings:
A) The property consists of .516 acres and is subject
to 2 acre zoning standards.
B) The area of the property is consistent with the.
surrounding one half to three-quarter acre pattern of
• development within the Crystal Bay neighborhood.
C) The property is served with sewer.
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O O
�CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kESHOg� NO. 3009
D) There is no additional area available for
acquisition to increase the building envelope.
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
w 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 variances to Municipal Zoning
Code Section 10.28, Subdivision 5 -(B) to permit the construction
of a single family residence requiring approval of an area
variance of 64,630 square feet or 1.4 acres at 74% and a side
setback variance of 9' or 18%, subject to the following
conditions:
1. Upon application for a building permit for new
residential construction, the City shall require the
following:
A. Payment of $6,963.84, based on current 1991 rate,
incurred by the City as a result of a previous
hazardous building action against this property.
B. Applicant shall provide proof of payment to the
County for all delinquent real estate .taxes,
special assessments and penalties due on this
property.
C. Revised survey locating all newly acquired
drainage easements and drainage and utility
• easements. All land alterations must be shown on
final site plan and located out of 15' drainage
easement area along north boundary of property.
Page 2 of 4
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2. New driveway access
Public Works Director
permit.
3 C°d pi e_s 10-r_M' &-I"- 8l
14e�c.�uS
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3009
at Briar Street must be reviewed by
prior to the issuance of a building
3. Connection to municipal sewer prior to the issuance of a
Certificate of Occupancy for new residence.
4. Applicant or future owner shall maintain erosion control
on this property throughout construction to prevent any
restrictions upon drainage improvement installed within 15
feet drainage easement along northern boundary of property.
The existing drainage swale located within this easement
shall not be moved further north so as to further encroach
into the immediately adjacent property to the north.
5. City Engineer to review final drainage/grading plans for
new construction prior to issuance of a building permit.
• 6. 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 (August 26, 1992).
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 authority
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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 26th day of August,
1991.
AT ST:
. Do othy M allin, City Clerk Barbara A. Pe>'rson, Mayor
Edward J. Ca,Aahan, Jr., Aq ing Mayor
'Property Owner(s)
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0
•
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3009
Edward J. Callahan, Jr.
Acting Mayor
The foregoing instrument was acknowledged before me on
this 26th day of August, 1991, by BA1k1bW,- 91./,P,�t• r/�'q &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
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a Lf'
before me a No ry Publ
appeared I
No ry Public
�;haJ
day of • 19 9L.
within arid�r said county, personally
known to me to be the person(s) described in a
foregoing instrument, and acknowledged that
the same as his (their) free act and deed.
id wno execuLea -crit:he (they)- ehecuted
Y UBLIC
My Commission Expires Agust 7,'1995
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199
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
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RESODUTION #3009
EXHIBIT A
LEGAL DESCRIPTION:
All that part of the Northeast Quarter of the Southwest
Quarter of Section 10, Township 117 North, Range 23 West of the
5th Principal Meridian described as follows: Beginning at a
point on the west line of the Northeast Quarter of the Southwest
Quarter of said Section 10 515.625 feet north of the southwest
corner of said Northeast Quarter of the Southwest Quarter; thence
North 130.00 feet; thence East 208.00 feet; thence South 130.00
feet; thence West 208.00 feet to the point of beginning.
•