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Home My WebLink About#3273-variances-1993 . C � , /� Qv^�� /� � �� V �� ,��\ � ��;��._, RESOLUTION OF T`HE CIT`Y COUIVCIL ,.� �� t � �'' N0. � � �� ,,�� `^�� ti �, �;'�a ��,, �� `�kEsB�g A RESOLUTION G1tANTING VARIANCES TO MUNICIPAL ZONING CODE SECT`ION 10.23, SUBDIVISION 6 (B) FILE NO. 1809 �gE�, Daniel andeSta�rbera�eoW��e C ry of Or no (he�rleinafzer "the owners of the property located at 1135 H g City") and legally described as follows: Lot 1, Block l, Fox Hill and that part of Lot 2, Block 3, Fox Hill beginning at a point on the east line of said Lot 2, distant SO feet southerly at the northeast corner of said Lot 2, as measured along said east line; thence northwesterly to a point on the north line of said Lot 2, distant 107 feet westerly of the northeast corner of said Lot 2, according to the r.ecorded plat thereof, Hennepin County, Iviinnesota (hereinafter the property"); and WHEREAS, the applicants have applied to�the Ciry for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a residence on a 1.1 acre lot where 2 acres is required; and to allow �e�e�ideclot line oe thelaouth where�0'�is front lot line where 50' is required and 25 from required. NOW, THEREFORE� BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1, This application was reviewed as Zoning File #1809. 2. The property is located in the LR-lA Lakeshore Residential Zonin� District. 3. The Orono Planning Commission reviewed this application on April 19, 1993 and ` recommended approval of tl}e proposed variances based upon the following i • findings: I � ; � Page 1 of 4 ; �� Fami SWS Dist P'aro ��' �'�'� �� 0��1�� C9 ,� O �',,�;a_ RESOLUTION OF THE CITY COLTNCIL � .: �' ,� �-� c� � , j`�'�T�� ,, NO^� ,<;� _ _ ;� 1 '� � ti `� ; �r,�. ti, � , �,y ��. G �„� � L9kES1I�g p,. The existin� residence was severely dama�ed by fire, requiring nearly total replacement of the structure. g. The lot size is consistent with those in the neighborhood. C, A conformin� on-site system can be installed to support the 3-bedroom residence. D, The lot is severely limited by topography and mature vegetation. 4. The City Council has considere�d this aPPonatienorts by City staff�aommen s recommendations of the Plamm�' Comm , P by the applicant and the effect of the proposed variance on the health, safety and welfare of the communitY• 5, The Ciry Council finds that the conditions existing on this property are peculiar . enerall to other property in this zoning district; that to it and do not apply g Y grantina the variance would not adversely affect traffic conditions, liaht, air nor ose a fire hazard or other danger to nei�hboring property; would not merely P licant, but is necessary to alleviate a serve as a convenience to the aPP to reserve a substantial property demonstrable hardship or di�culty; is necessary WPh �e s irit and intent of the right of the applicant; and would be in keeping P Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND C�N��TI�NS Based upon one or more of the findings noted above, the Orono City o°e�t hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) P the construction of a residence on a 1.1 acre lot whereWhere 50'1 isrrequired and 25' from the construction of the residence 35' from the front lot line Q conditions: side lot line to the south where 30' is required, subject to the followinb 1, As no alternate drainfield site ts available for this properry, the applicant will be required to fence off the proposed drainfield site prior to the issuance of a buildin� permit. Page 2 of 4 rn,.saas a�an� � ��' �� o� O�.OI�O O .:� � �;.,�a.�, RESOLUTION OF TI3E CITY COUNCIL ,� ��l •� ,'' NO. 3� '::; � :., � �,�j,` :��_. � �r � �'l�q�l1;� i� g,.� kE��I� . 2. Authorities �anted by this re��lutand must be elxercisPd by ppl�at onf orla applicants, but are permissive y building permit within one year of the date of Council approval, or this vanance will expire on that date (April 26, 1994). 3, Violation of or non-compliance with any of the te�rmode,dshalldautomati lly resolution shall constitute a violation of the zonina terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood a nd�hesuccessors and assi�nss of this resolution and on behalf of themselves, their h , hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Ciry Council of the City of Orono, Minnesota at a re�lar meeting held on the 26th day of April, 1993. AT ST: r � �'0 J . j' , orothy M. a in, City Clerk ward J. Call ' n, r., Mayor ��b �" Property Owner (s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1993 by Edward J. Callahan, 7r. and Dorothy�.M• Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROIE A. HASEMAN � NOTAAY PUBLKS--AIRdiESOTA �`�,�`� HE►vNEPiN courmr Notary Public . 61Y CCI:'AfCS;CN EXPIR`3 8-23-� Page 3 of 4 F��p�� ' C�� O��I°�� .: � �,,;��,T, � RESOLUTION OF THE CIfiY COUNCIL � .,, � ',t��'s;"��-✓;' ti NO. � _ �' . f,� ti, �� '�ESKO STATE OF IVSINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� '�� day of �pr� � , 199 3 before me a Notary Public within and for said county,personally appeared �'��/��a�z ./�� c'-��r'"'an a-"'�'� �'��n�� } j�o�,�-,cc r��ed �OW ed ed that he�(they) execu ed the same as his (their) free the foregoing instrument, and acknowl � act and deed. ; . LINDA S. VEE � � ' NOTARX PUBLIC - MINNESOTA � , HENNEPIN COUNTY �—Q� � My commission expfres &12-98 i7c�� '�'+ NO ARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) da of , 199 before me a Notary On this Y 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 Page 4 of 4 � F:rm SJCS Oisk Orano