HomeMy WebLinkAbout#3920-V-1997 r �1 �
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�a_ - C ITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
�L�kESH�4�� NO. `� � � n -
A RESOLVi'IaN G�ANTING
A VARIANCE TO
P✓iUl�TICIPAi, ZONIl�iG CODE
S�ECTION 10.56, SiTBDIVIS�ON 16 (C)
FII�E #2249
W�I��AS, the United States Marshal (hereinafter "the applicant") is owner
of the property located at 2245 French Lake Road within the City of Orono (hereinafter "City")
and legally described as follows:
Lot 1, Block 1, Johnston's French Lake, Hennepin County, Minnesota (hereinafter "the
property"); and
W�IEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.56, Subdivision 16 (C) to permit the construction of a new septic
system to be located 97' from the shoreline of French Lake where a 150' setback is normally
required.
NO'W, TH�REFOR�, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDIIVGS
1. This application was reviewed as Zoning File #2249.
2. The property is located in the RR-1B, Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on June 16, 1997,
and recommended approval of the proposed variance based upon the following
findings:
�. The property contains a non-conforming septic system due to lack of
drainfield sepazation from the seasonal water table.
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
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B. The only feasible site for replacement of the existing system is 97' from
the Ordinary High Water mark of French Lake.
C. Zoning Code Section 10.5b, Subdivision 16 (C) requires that any septic
system be located at least 150' from a Natural Environment Lake. The
property was developed prior to adoption of the 150' setback, and the
configuration and layout of e�cisting improvements on the property make
it impossible to locate a septic system at a conforming location on the
property.
D. The proposed system has been designed to meet all the pertinent State
standards.
E. Granting of the proposed variance will have no impact on neighboring
properties and will have a positive impact on the quality of French Lake
by allowing the replacement of non-conforming septic system with one
that is expected to provide adequate sewage treatment in all anticipated
ground water conditions.
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 e�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 k�eping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
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�9d _- CITY of ORONO
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�� �'�' RESOLUTION OF THE CITY COUNCIL
�`�kEsxo4`'� ruo. 3 9 � �
CON�CI,USIONS, ORDER AND COl`1IDlTI�N�
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipai Zoning Code Section 10.56, Subdivision 16 (�) to pe-mit the construction of an
on-site sewage treatment system located 97' from the shoreline of French Lake where a 150'
setback is normally required, subject to the following conditions:
1. Authorities granted by this variance 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 (June 23, 1998).
2. 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.
3. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of itself, its 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 23rd day of June, 1997.
ATTEST:
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Dorothy�V1. 11 n, ' ' erk Gabrie Jabbour, Mayor
; /� /� ,
' � / r L�� �
'" Pr e Owner(s)
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�� G'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of June, 1997,
by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesot . �� and said instrument was executed on behalf of the City.
o =�•. JAMIE L.GEMAR � �����
: ��� ` NOTARY PUBIIC-MINNESOTA
• . • HB�lNEP1N COUNTY
•�; ' �,�yCartm�lonExpires,tan.3t,2000 Not ublic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ;�S day of �sz-- , 199 7 before me a Notary Public within
and for said county, personally eared �'L
known to me to be the person(s) described in d ho executed t�e foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
�
a � JAMIE L GEMAR
;`�' . NOTAAY PUBL�C-MINNESOTA -
. _. . � HQJNEPIN COUNTY
� �•°� My Commissfon ExPires Jan.31,2000
•��•� No Public
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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RESOLUTION # e� 9 2 �
STATE OF NIINNESOTA )
)
COUNTY OF HEVNEPIN )
)
CITY OF ORONO ) .
I, Dorothy M. Hallin, Ciry Clerk of the City of Orono, Hennepin Counry,
Ivlinnesota, do hereby certify that I have compared the foregoin� 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
proceedin�s of said Ciry Council at a 19 eet and�that the same is a�truel and correct
June 2 3 • -�
copy of said resolution duly adopted by said City Council at said meetin�.
In Witness Whereof, I have hereunto set my hand and seal thi.s 2 4 th ,
day of June 2 4 , 19 9 7
�'�'! , •
� Dorothy M. lli.n, City Clerk
(SEAI�) �
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