HomeMy WebLinkAbout#4207-variance-1998 � . .
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�:a._- CITY of ORONO
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� G'� RESOLUTION OF THE CITY COUNCIL
�9kESH04��' NO. L� a �� `�
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZOIVING CODE
SECTION 10.23, SUBDIVISION 6
FILE NO. 2442
`VHEREAS, Tony Eiden Company (hereinafter "the applicant") is the owner of
the property located at 345 Leaf Street w-ithin the City of Orono (hereinafter "the City") and
le�ally described as follows:
the East 310 feet of Lot 12 and the East 310 feet of the North 124.7 feet of Lot
13, Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, after due published and mailed notice in accordance wzth Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on November 16, 1998, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a variance from Municipal
Zoning Code Section 10.23, Subdivision 6 to allow renewal for a lot area variance for an
existing lot of record 77,039 sq. ft. (1.77 acres) in area where 2 acres is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
1�linnesota:
FINDINGS
1. This application was reviewed as Zoning File #2442.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District where 2 acres or 87,120 sq. ft. is the minimum lot area. The
property consists of 1.77 acres or 77,039 sq. ft.
3. The Orono Planning Commission reviewed this application on November 16,
1998 and recommended approval by a vote of 7 to 0.
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
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4. The Planning Commission made the following findings of fact:
A. The subject lot does meet the minimum lot azea requirements. There is
no vacant land adjacent to the lot that is available to increase the lot
area.
B. A suitable building pad exists to construct a new residence without
requiring additional variances.
C. No negative comments were received.
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 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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zonina Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfaze of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a lot area variance to reduce the required lot size from 2 acres to 1.77 acres per
Municipal Zonin� Code Seetion 10.23, Subdivision 6 to renew a lot area variance. Approval
�r-as subject to the following conditions:
1. Ne�ti- construction to occur within the building pad.
2. 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 (November 23, 1999).
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, CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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�. Violation of or non-compliance with any of the terms and conditions of this
� variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. The undersigned applicant 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 City Council of the City of Orono, Minnesota at a regulaz .
meeting held on the 23rd day of November, 1998.
ATTEST:
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Lin a S. Vee, City Clerk Gabriel abbour, Mayor
Property Owner (s�'Gry� G��_�e_, �.l�9��,2�
��F�-�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
November, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. �
�i�.',-^�� CAROLE A HASEMAN
'' PJOTARYp�g�IC-�ItiNESOTA I
� ,. .y.
�`��'�"�`' HENNEPIN Notary Public
� MY Car,;mi COUNTY
�_.`���, ssfcn Exp(res Jan.31,1000
.-cr .<�:,��?a,�^-,--w�^.c.r
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, CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
��`9kE p4ti�'G NO. 4 � � `�'
SII
STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN ) •
On this � day of �Per►fi6�►- , 199a' before me a Notary Public within
and for said county, personally appeazed p�c��,}��;�t-l�r��:J�„f�f T„y��e.� l'n/h��4�
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.
:rCF..0 r�t:�.':+'.�c'; � .
�� � CAROLE A.H�,SEPf'P.^I i:�
:t�.q�i NOTP.RYPUBUC-iv'!Pd(�ES�]ir\ `i
=�A: � HENNEFINCCUPJTY ;":' •
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My Ccmmi�sion Er.pi-es J�n.31.2^^� � � � C . ��5��
` � ---------_r-- -�-��=' NOTARY PUBLIC
STATE OF MINNESOTA )
) ss. •
COUNTY OF HENNEPIN ) .
On this _ day of , 199_ before me a Notary Public within and
for said county, personally appeazed
kno«n 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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