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HomeMy WebLinkAboutResolution 1561 -s �, . . . - ;l�r.r�� C�t� of ORONO d �.��� • -�: _1�.� '` 'z�`"� RESOLUTION OF THE CITY COUNCIL .,. �`�',;:�� � NO. 1561 � . � ',:�'�� , � - � ��° G•ranting A Variance to Municipal � Zoning Code Section 34.452 - File 78H Whereas, Gerald Bloms and Nancy C. Bloms, husband and wife , (hereafter "the appl icants" ) have an interest in the property located at 4195 Forest Lake Drive within the_ City of Orono (hereafter "City") and legally described as Lot 6, Block 3, Forest Arms Country Club Addition (hereafter "property") ; and .Whereas, the applicants have applied to the City for a variance to municipal zoning code section 34.452 to permit the construction of a single family residence on a property that consists of approximately 16,95� square feet instead of the required 43,56H square feet. . Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : ' • Findings 1 . This application was reviewed as zoning file no. 780 . 2. The property is located in the LR-1B Single Family Lakeshore Resi.dential zoning district. 3. The Orono Planning Commission reviewed this application on September 19, 1983, and recommended approval of the proposed variance based upon the following findings: a) The residential development of the property would be consistent with the pattern of the surrounding neighborhood development. b) The property is sewered and has been assessed one sewer unit. c) The proposed improvement of the property will require no additional variances . d) The adjacent and most a�ffected property owners within the neighborhood are in complete support of the application. 4. The City Council has considered this �pplication including • the findings and recommendations of the Planning Commission, • reports by City staff, comments by the owner and other interested page 1 of 5 � ` . . . -:t:,r�:,,: C�t of ORONO � • �'7.•.� . . �'w', RESOLUTION OF�THE CITY COUNCIL � Q�1 ;`��., . � Np. 15 61 ! ;.�`.�: .. • • •; � , persons, 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 effect traffic conditions , light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate ademonstrable hardshipor difficulty; isnecessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoninq code and comprehensive plan of the City. CONCLUSIONS, ORDER AND CONDITIONS • Based upon the above findings , the Orono City Council hereby grants a � variance to Zoning Ordinance Section 34.452 to permit � the construction of a single family residence on a property that consists of approximately 16,9h� square feet instead of the required 43 ,560 square feet subject to the following cont3itions: 1 . The driveway access to the property must be approved by the Public Works Coordinator . - 2. No other variances are granted or permitted for this structure. . 3. The City will grant no future variances to this property. 4. Authorities granted by this variance run with the property not with the owner , but are permissive only and must be exercised by application for a buildinq permit within one year of the date of Council approval , or this variance will expire on that date (September 26,. 1984) . 5. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoninq code, shallautomaticallyterminateanyauthority granted herein, and shall be punishable as a misdemeanor . 6. The undersigned owner 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. - page 2 of 5 � � . .r;, Cit� of ORONO . d �f • .:��� . . =�' RESOLUTION OF THE CITY COUNCIL Q� Y,��� � 15 61 - �:.r, NO: � ' , � - • . �_," Adopted by the Orono City Council on this 25th day of September , 1983 . � ATTEST: CITY OF ORONO ������ 1// � � � Ci�y Clerk Mayor � (1) roperty Owner (s) � (2) � � • oper Owner (s) , (3) � c� � � ` - ..s . Property Owner (s) ' • � page 3 of 5 � S . . . ���:r}��,��� Clty of ORONO - � . ..Y.,.,l; • L.. �• !(�; �t S��t:lyA `,�a�;` RESOLUTION OF THE CITY COUNCIL . �. � NO. Q !�i�:'��;,: � � . 15 61 . � !�°-� • � • •�`� � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this day of , 1983 , before me a Notary �ic y�-i h n and r sa d Cou y, erso ally appeared L, r� � known to me to be t person(s) described in an w o execut the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . r •. �OAR�OTHY M: OT. RY PUB C HALLIN , '� . , �HEN�N�p����� �-��- 9d • MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) . r On this day of , 1983 , before me a Notary Public wit in and or said County, personally appeared known to be the person(s) described in and who executed the foregoing instrument, and acknowledged th�t he (they) executed the same as his (their) free act and deed . NOTARY PUBLIC MY COMMISSION EXPIRES • � page 4 of 5 � S. - .� �� . Cit� of ORONO d �, • :�� . . �: .:. . ����� RESOWTION OF THE CITY COUNCIL ,�r � �;.; �'�'-w•; � NO. 15 61 _�;�;. �:'r�`��` • - • .:.�,+. STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � On this day of , 1983, befo�re me a Notary - , Public within and or 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 � • MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per' Minnesota Statutes 385.77. • Bruce D. Malkerson, City Attorney State Deed Tax Due Hereon: Exempt This instrument was drafted by: � . City of Orono P.O. Box 66 � Crystal Bay, MN 55323 • page 5 of 5