HomeMy WebLinkAboutResolution 2993 � ,
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\� ,E'����:����,������ RESOLUTION OF THE CITY COUNCI L
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A RESOLIITION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 19
FILE #1667
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WHEREAS, Whitney Nacbiillan (hereinafter "the applicant" )
has an interest in the property located at ��'ox Street within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 1, Block 1, MacMillan Addition, Fiennepin County, biinnesota
(hereinafter "the property"); and
WHBREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03 , Subdivision 1S to
permit debris from the foundation of the former residence structure,
tennis court and blacktop drive to be buried on site, such debris
would not qualify as clean fill because the City standard does not
recognize organic, manmade or reprocessed materials as clean fi11.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1667.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
July 15, 1991 and recommended approval of the proposea
variance based upon the hardships and findings set forth by
applicant as follows :
A. The PCA regulations effective January 1991 were amended
to exclude the City from all involvement in burning
permitG for structures. The informal communicatien
link between Long LaY.e Fire Department and City since
that time did not address the City' s a�ditional neec
for a demolition perm�t when structures are razed via a
burn.
B. Applicant had obtGined necessary burning permits from
. _. both the Fire Department and the PCA. �
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C. Applicant had contacted all required utility companies
to secure legal shut-off and appropriate notification.
4. 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
wou ld be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
5 . 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.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to riunicipal Zoning Code Section
10.03, Subdivision 19 to permit debris buried on the property to
remain, subject to the following conditions:
l. Applicant shall be responsible for completing all
restoration of the disturbed area by providing suitable
topsoil and ground cover. Prior to the restoration work,
Orono building inspector to confirm that former septic site
has been appropriately abandoned per Cocle requirements.
2 . Applicant to prepare a covenant to be filed against the
Chain of Title lacating, via a legal description, the
disposa 1 site providing a survey/site plan locatir.g said
site with the understanding that at some time in the future
if construction is to take place near or within this
disposal area, that owner will agree to remcve any fill that
does not meet the current clean fill standards of the City.
Applicant 'is •asked to present a draft of the covenant for
the City's review ana approval.
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3. Authorities granted by this variance run with the property
not with the applicant, but are permissive only.
4 . 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.
5. 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 22nd day of July,
1991.
ATT ST:
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Do oth M allin, City Clerk Barbara A. Peterson, Mayor
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Property O ner(s )
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
22nd day of July, 1991, 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 � � ���
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY �J" ��
My commissfon expires &12-88 jJOt�Sy Pub11C
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 24th day of July , 199 1
before me a Notary Public within and for said county, persvnally
appeared * Whitney MacMillan ** 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 �I�� � /f
NOTARY PUBLIC - MINNESOTA ����"— �`" ' V �
HENNEPIN COUNTY NOTARY P[7BLIC
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My commission expires &12-88
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 foregvinginstrument,
and acknowledged that he ( they ) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
* Craigbank Associates, A Minnesota General Partnership, by
** , A General Partner of Craigbank Associates , A Minnesota
General Partnership
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