HomeMy WebLinkAbout#4203-variances-1998 i
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RESO�UTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO NIUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. #243�
WHEREAS, JefF Litzau (hereinafter "the applicant") is the owner of the property
located at 3433 Livingston Avenue within the City of Orono (hereinafter "the City") and legally
describrd as follo��s:
Lot 4 and West half of Lot 3, Block 5, Navarre Heights, Hennepin County, MN
(hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the City of Orono Zoning and PlanninD 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 variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to permit a residence with detached garage to
be cc �tructed on a lot that is 75' wide where 80' is required, and a lot size of 10,113.75 sq.
ft. whe:e 17,424 sq. ft. is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2435.
2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780
sq. ft. is the minimum lot area. The property consists of .23 acre or 10,113.7�
sq. ft.
3. The Planning Commission reviewed this application on November 16, 1998 and
recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
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��t �G'�' RESOLUTION OF THE CITY COUNCIL
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A. The lot was previously developed as a residential site until the house was
removed in 1992.
B. The applicant's proposal is consistent with the locality. �
C. The proposed development would conform to all lot coverage and setback
requirements.
D. The lot is provided with sanitary sewer.
E. The lot was platted prior to the adoption of the zoning code.
5. The City Council fmds that the conditions existing on this property aze peculiaz
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traff'ic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning 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 applicant and the effect of the proposed variances on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit a
residence with detached gazage to be constructed on a lot that is 75' wide where 80' is required,
and a lot size of 10,113.75 sq. ft. where 17,424 sq. ft. is required. Approval was subject to
the following conditions:
l. Authorities granted by this variance run with the property not with the applicant,
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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� G'�. RESOLUTION OF THE CITY COUNCIL
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2. 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.
3. 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 regular
meeting held on the 23rd day of November, 1998.
ATTEST:
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Lin a S. Vee; City Clerk Gab 1 Jabbour, Mayo
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Pr rty Owne (s)
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.
� ����• MARYANNJOHNSON �
�.:,� ,=�; NOTARY PUBUC-MINNESOTA � ,- � /
+,,,.• My Cortunission Expires Jan.31.20� 7 Qi'L(.- ���'�'"
�.==�-.-'' Notary Pu ic
STATE OF MINNESOTA )
) ss.
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RESOLUTION OF THE CITY COUNCIL
�t91�E p4ti�'G NO.
SH �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �,�" day of �'st�c�2.�,.e,� , 199�'before me a Notary Public within
and for said county, personally appeared Q,e� ,� _�; <'�i �2�-�
known to me to be the person(s) described�n ho exe� ted the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
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, %����''. MARY ANN JOHNSON �5
;.� a���; NOTARY PUBLIC-MINNESOTA ,� GZ ,
•�p-;:� My Commission Expires Jan.31,2000 .
�� _�. _ NOTAR �PUBLIC �
. . . . . . . _. :.e�.....c.,......._.. _ .-ti.�•r:=.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �day of ��I'-�'�,�, '�� , 199� before me a Notary Public within and
for said county, personally appeared ��,__�,�,a.�.�� �» a�''cJt,t.
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.
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` �` ' MARYANNJOHNS�N � NOTARY R' BLIC
t e_.�' C OTARY PUBUC-MINNESOTA �'1
+,,, ..o
MY ommission Ezpires Jan.31,2000 ��
_. ,,... - ,
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