HomeMy WebLinkAboutResolution 1590 „�• ;-' '
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�! C�t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1590
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Granting A Variance To Municipal
� Zoning Code Section 34.84PJ - File 771
� Whereas, Bruce Clark (hereafter "applicant”) has an
interest in the property located at 1180 Lyman Avenue within the City of .
Orono (hereafter "City") and legally described as follows:
Registered Land Survey No. 1D167, that part of Tract A Iying
Easterly of a line commencing at most Northerly corner of
Tract A, thence Southerly to a point in South line thereof,
distance 12G1 feet West from Northeast corner of Tract B �
(hereafter "the property") ; and
� � Whereas, the applicant has applied to� the City for a
variance to ' Municipal Zoning Code Section 34.840 to permit the
� construction of a new residence on a lot with 68 ,171 square feet instead
of the required 87,12g square feet. .
Now, Therefore Be It Resolved by the City Council of Orono,
Minnesota :
� Findings �
� 1 . This application was reviewed as Zoni�ng File No. 771 .
2. The property is located in the RR-1B Single Family Rural
�Residential Zoning District.
3�. The Orono Planning Commission reviewed this application on
November 21 , 1983, and recommended approval of the proposed
variance as amended based upon the following findings:
a) No other land available. ��
b) No other variance is requested . .
c) A lot area variance was approved in 1977. �
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 the effect of the
� proposed variance on the health, safety and welfare of the
community.
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� c�t o� oR,oNo
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RESOLUTION OF TFtE CITY COUNCIL ,
NO. 1590 -
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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 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.
CONCLOSIONS, ORDER AND CONDITIONS
• �Based upon the above findings, the Orono City Council hereby grants a
variance to Municipal �Zoning . Section 34.84D1 to permit the �.
. construction of a new residence on a property with 68 ,1?1 square feet
existing instead of the required 87,I20 square feet subject to the
fallowing conditions:
1 . Provide evidence of access/driveway easements to this
portion of Tract A. �
2. Satisfy the requirements of the on-site code �or an on-site
sewage treatment system.
3. Applicant to quit claim deed the remaining portion that
abutts their property for the cul de sac . � - , �
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 �
(December 12, 1984) . - •
5. Violation ,of or noncompliance with any of the terms and �
conditions of this variance s�hall constitute a violation of the
zoning code, shallautomatically terminateanyauthority 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
tYiis resolution in the chain of title of the property.
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� Ci.t o� ORONO
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RESOLUTION OF THE�CITY COUNCIL
NO. 1590
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Adopted b,y the Orono City Council on this 1?_th day of December ,1983 .
ATTE T: CITY OF ORONO � �
. �G��� /�Ci7'��l �A ya..�
C' y Cle � Mayor
Deputy Ci y Clerk Thomas H. Frahm, Acting Mayor �
( )
. � Property Owner (s) �
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(z)
, Property Owner
(3)
Property Owner (s)
STATE OF MINNESOTA ) � �
) ss.
COUNTY OF HENNEPIN )
On this day of , 1983, before me a Notary
Public wit in 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
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� � Clt o� ORONO
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RESOLUTION OF TH�CITY COUNCIL
" � - NO. 1590
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STATE OF MINNESOTA ) .
) ss . - .
COUNTY OF HENNEPIN )
On this 14th day of Februar�r , 198�, before me a Notary �
Public within and for said County, personally appeared
Bruce D. Clark &__Terry B. Clark, husband & wife known to be the . _
person(s) descri�ed in and who executed the foregoing instrument, and
acknowledged that �ie-(they) executed the same as i�rs (their) free act
and deed. � - �
. •• u�,,,w,,v,,o ,
.�w.� MICHELLE E.STARK � :
�!,► � NOTARV PUBLIC-MINNESOTA NOT RY P UB LI C
� HENNEPIN COUNTY
My Commfssion Expires feb 1.198g
� MY COMMISSION EXPIRES
� 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 .
.be the , person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(thei,r) free act and deed. � - -
. � • ,
NOTARY PUBLIC •
' MY COMMISSION EXPIRES "
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