HomeMy WebLinkAboutResolution 1581 ' , �, - . .
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����';:� - Granting A Variances To Municipal
Zoning Code Section 34.842 — File 789
Whereas , Richard L. Howell (hereafter "applicant" ) has an
interest in the property located at 965 Edgewood Hills Road within the
City of Orono (hereafter "Ci�y") and legally described as Tract B,
Registered Land Survey No . 1098, Hennepin County, Minnesota, �
� ' (hereafter "the property") ; and
Whereas , the applicant has applied to the City for variances
to Municipal Zoning Code Section 34.842 to permit the construction of a
single family residence on a property that consists of approximately
1 . 5 acres instead of the required 2 acres to be located 3� feet from the
front property line instead of the required 50 feet.
Now, Therefore Be It Resolved by the City Council �of Orono ,
Minnesota :
. . � Findings
l . This application was reviewed as Zoning File No . 789 .
2. The property is located in the RR-1B Rural Residential Zoning
� District.
3. The Orono Planning Commission reviewed this application on
October 17, 1983, and recommended approval of the proposed
variances based upon the following findings:
a) Sever�e slopes on east portion of lot restrict building
envelope .
b) Only area availableforon-site septic systems intersects
the building envelope.
c) The proposed development of Tract B will create no traffic
hazards nor be detrimental ta the public health , welfare and
safety.
d) The proposed development of Tr�ct B is consistent with the
rural and on-site septic �standards of the City.
• e) Applicant is creating turnaround on property to serve
emergency vehicles by constructing a loop driveway.
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``` '' RESOWTION OF THE CITY COUNCIL
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. 4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments �by the owner and other interested
persons , and the effect of the proposed variances �on the health ,
sa�fety 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 variances �
would not adversely effect traffic conditions , light, air nor
pose a fire hazard dr other danger to neighboring property; would
not merely serve as a convenience to the owner , but is necessary to
alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner ; and 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 the above findings , the Orono City Council hereby grants
variances to Municipal Zoning Section 34.842 to permit the
construction of a single family residence on a property that consists
_ of 1 .5 acres in area instead of the required 2 acres to be located 3�J
feet from the front lot line .instead of the�required 5�1 feet , subject to
the following conditions:
l . Prior to issuance of a building permit, the applicant must
submit septic design and final site grading plan.
2. Applicant must provide City with temporary erosion control
plan to cover entire construction period this would include all
preliminary grading .
3. No other variances are granted or permitted for this
structure.
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 building permit within one year of the date of
. Council approval , or this variance will expire on that date
(November 14, 1984) .
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�;�:;;y'�� i ' RESOLUTION OF THE CITY COUNCIL
.�.„ 1581
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5. Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a vi�olation of the
zoning code, shall automatically terminate any authority 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.
� . Adopted by the Orono City Council on this 14th day of November ,1983.
' ATTEST: CITY OF ORONO
��i��G���..tJ ����/l.�lait� �
• City Clerk Mayor � '
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P operty Ow er (s
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- Property Owner s)
(3,
Property Owner (s) .
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'#c'�" � RESOWTION OF THE CITY COUNCIL
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� NO. 1581
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STATE OF MINNESOTA )
' ' ) ss.
COUNTY OF HENNEPIN ) �
� On this p�� day of , 1983 , before me a Notary
P�blvc withi � a �-o� said County, personally appeared
.�'f known to me to
be �t person(s) described in and who executed the foregoing
� instrument, and acknowledged that h (they) executed the same as his
� (their) free act and deed .
��
" r`"�. > 'OOROTHY M: NALIiN..` OTARY PUBL
�MOTARY PuBUGWNNE80U
�, • : HENNEPIN�COUNTY_ �
. ,' Iry corr�rdeabn upkss 6�00 /p — C� �� Q'O .
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• h1Y COMMISSION EXPIRES
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPI2�I )
On this o2. day of /U��/.�y� , 1983, bef�re me a Notary
Public within a/nf� for said � County, personally appeared
CC L� l�f�l�'J�LL�— known t�o be the
person (s) escri e in an who execute the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act
and deed .
.
. �n PAargare� b!.Sstiliven� � ' —
�i;�t.,- � NO ARY UBLIC
�t NOTARY FUBLIC-MINNESOTA
° RAMSEY COUNTY '
MY;:OMMI5310N EXFIRH9 Feb.14��98�1 ' � .
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MY COMMISSION E?CPIRES
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��� Ci.t of ORONO
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'�,'�: RESOWTION OF THE CITY COUNCIL
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� �r„� � , NO, 1581
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' . STATE OF MINNESOTA ) .
) ss,. �
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a Notary
Public within and for said . County, personally appeared
� � known to me to
e the person(s) escri e in an 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 Cityof Orono per
Minnesota Statutes 38�6.77 .
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
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