HomeMy WebLinkAbout#4562-variance/denying ROW vacation-2000 . .
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CITY of ORONO
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, +)),),ilk )4,, ,/ RESOLUTION OF_THE CITY COUNCIL
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NO. ,L, y
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (B)AND DENYING
VACATION OF PLATTED RIGHT-OF-WAY
FILE NO. 2626
WHEREAS, William B. Peterson and Lynae M. L. Peterson, (hereinafter "the
applicants")have an interest in and Stephen D.Towle and Janet Gilbert are owners(hereinafter"the
owners")of the property located at"420"Orono Orchard Road within the City of Orono(hereinafter
"the City") and legally described as follows:
Lot 8, Orchard Park,Hennepin County,Minnesota(hereinafter"the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.27, Subdivision 5 (B)to permit the property to be a buildable lot where 4.3
acres exist and 5 acres are required for residential use and the applicants have requested vacation of
platted right-of-way; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on October 16, 2000, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2626.
2. The property is located in the RR-1A, Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on October 16,2000 and
recommended approval of the lot area variance by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
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. 41: 0CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�`gJfESTrIp4 NO. 4 5 6 ---
A. The lot is similar in design and dimension to all lots within the plat of
Orchard Park.
B. The property meets the minimum lot width standard for lots in the RR-1A
district.
C. The property does not have direct access to a developed public road. Access
to Orchard Park Road would be via a 33'wide platted right-of-way that was
dedicated within the plat of Orchard Park.
D. A lot combination has been completed on the lots located to the north of and
surrounding the subject property. The total land area of those lots is
approximately 23 acres (Lots 5, 6, 7, 9, 10 Orchard Park). The eastern lot,
located north of the subject property, does not have access to a public road.
The only potential access that exists is through the 33' right-of-way that is
proposed for vacation.
E. The plat of Jacobs Mill, completed in 1999, is east of the plat of Orchard
Park. No access to Jacobs Mill Road would be available due to a large
wetland located on Lot 6.
F. Two suitable septic site designs have been submitted by the applicants and
have been approved by the On-Site Systems Manager.
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 to lot area will 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 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.
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70Ce4400
CITY of ORONO
�� RESOLUTION OF THE CITY COUNCIL
'kESHOg6, NO.
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 variance 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 a
variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B)to permit the property to be
a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the denial of the
requested vacation of platted right-of-way. Variance approval is subject to the following conditions:
1. Applicant shall receive approval from the MCWD for the land alteration within a
wetland.
2. Final Grading Plan for the driveway shall be approved by the City of Orono.
3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land
alteration and grading on the lots as required by the On-Site Systems Manager.
4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the
private driveway within the public right-of-way and agree that others requesting use
of the public land within the 33'platted public right of way are permitted for access
purposes to adjacent properties, subject to review by the City Public Services
Director.
5. Authorities granted by the variances run with the property not with the applicant,but
are permissive only and must be exercised by application fora building permit within
one year of the date of Council approval,or these variances will expire on that date
(November 13, 2001).
6. Violation of or non-compliance with any of the terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicants and owners have read, understand and hereby agree to
the terms of this resolution and on behalf of themselves,their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of the
property.
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/0 4,60
- �,r9- CITY of ORONO
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,,. G4RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 13th day of November, 2000.
ATTES r:
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Linda S. Vee, City Clerk Gab -1 Jabbour, Ma or
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Property Owner Prrty Owner
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"‘/di 4 r-d( , sr 5-eyL
Applicant /A.•hcant
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of November,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
munici sal co .oration and said instrument was executed on behalf of the City.
1111 _gri.:4;5, MARY ANN JOHNSON
• NOTARY PUBLIC-MINNESOTA /
Carmissfon Expires Jen 31,ZQOS / "` Y' ..,14L-,---.15W.,._
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...� Notary P lic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 15�- day of 7)e c e n bee ,20 0 0 , before me a Notary Public within and
for said County,personally appeared (A), i I;a m e f 9 i?S ri, v4 r2 e;ecC 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.
MARY ANN JOHNSON /-17a. 6;,-;,,,z1 ' .
NOTARY PUBLIC-MINNESOTA
i*Commission Expires Jan.31,Zoos , Notary Pub
11C / \
Page 4 of 5
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CITY of ORONO
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IA 1 �,�{j�`%4� G. RESOLUTION OF THE CITY COUNCIL
9kESH04� NO. 4 360
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this St day of D e c e net I e€ ,20 0 0 ,before mea Notary Public within and
for said County,personally appeared 5+ p h e tJ D- `1`o w f e , rn Q Q lei ek- 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.
t<t MARY ANN JOHNSON .� al/J?4-42
.40.Acs• NOTARY PUBLIC-MINNESOTA
Mmb
y Cansion Expires Jan.31,2005 Notary Pi
1✓�;-i;=v✓✓.ice✓.i.✓✓- .✓1-i1J�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 9,1 Sr day of Dec e m 15 e 2 ,20 ° ,before mea Notary Public within and
for said County,personally appeared J a n e t G-11 be pi , im a R k; eef 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.
ti 7., MARY ANN JOHNSON -17ar,dp-dr-//7 ,1_—
NOTARY PUBLIC-MINNESOTA /
((ti *Commission Expires Jen 31.2005 NNotary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this .x,211 e day of DPc P rn (2ee ,20 o b ,before me a Notary Public within and
for said County,personally appeared 1.,y „4 e. /11. �. -PP1-f'QS ahl rn q ,Q re;P c - 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.
I'`i " MARY ANN JOHNSON ti % G�/ OdeZ ..
ti• NOTARY PUBLIC•MINNESOTA Notary Publi
. : Mr CanNssion Expires Jan.31.2005
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HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
We the undersigned,420 Orchard Park Road, shall indemnify and hold harmless the City,the City
Council and the agents and employees of the City from and against all claims, damages, losses or
expenses,including attorney fees,which the City,City Council and agents and employees ofthe City
may suffer to for which it may be held liable,arising debts or obligations in consequence of his/her
performance of the following improvements:
Grading,retaining structures a public right of way
Driveway and curbcut within a public right of way
No permanent easement,or property rights are being granted by the City of Orono as a result of these
improvements being located on the City right of way. The City of Orono reserves the right to order
the removal of improvements located on the right-of-way at any time.
In the event that the improvements are not removed, in a timely manner, upon a directive from the
City of Orono, the City will remove the improvements and will assess the owner for the costs of
removal.
By1 fI L/L. pe7 M and w, [I Aw, �. ?L1-e-cJov ,their employees,agents
or suliontractors, whether or not caused in part by a party indemnified hereunder.
Rfiekvwc,-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
On this 3Rd day of J .n a R y ,20 0/ before me a Notary Public within and for said
county,personally appeared Lyng e /1? L Pet ee sob, yi, c w?le e 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.
a),)
MARY ANN JOHNSON No P; .he
170: NOTARY PUBUC MINICSOTA
1b commission Expires Jan.31,2Qo5
Page 1 of 2
•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 4{f/ day of `lct n Q,e.Y ,200 / before me a Notary Public within and
for said county, personally appeared I,O, //, Q„-, .-Pe-f ees o q� to RRi e a(
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (the ) executed the same as his(their) free act and deed.
e‘. MARY ANN JOHNSON
ti
NOTARY RR=.MINNESOTA
Mp CamniNon Expires.Ian.31.2005 77,
Notary P ,/ic
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of ,200_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 (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,200_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(their) free act and deed.
Notary Public
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