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Home My WebLink About#4730-variance-2001 74i1/4) 0.111• O 0 CITY of ORONO A 1l1�,), til; �.4 1 �;.�I�'t y RESOLUTION OF THE CITY COUNCIL d 4ti \kEs� NO. 47li 0 A RESOLUTION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE NO. 01-2733 WHEREAS, William B. Peterson and Lynae M. L. Peterson, (hereinafter "the applicants") are owners of the property located at 420 Orchard Park 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 renew 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 WHEREAS,on November 13,2000 the City Council adopted Resolution No.4562 approving a variance to permit the property to be developed with a single family residence; 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 November 19, 2001, 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 #01-2733. 2. The property is located in the RR-1A, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 19, 2001 and recommended approval of the renewal variance by a vote of 6 to 0. Page 1 of 4 • ' 0- 77 4". (00 .•t ,,,,^J�t.,� CITY of ORONO . vt,Ii �G~ RESOLUTION OF THE CITY COUNCIL I ESHOly NO. 47 .30 4. The Planning Commission made the following findings of fact: A. The findings made per Resolution No.4562 are still valid and conditions on the property have not changed. B. The conditions ofResolutionNo.4562 have been met including resolving the wetland mitigation for the driveway with the MCWD,final grading plans for the driveway have been approved by the City of Orono and MCWD, and property owners have entered into a Hold Harmless agreement for the driveway located within the public platted right of way. The property owners did complete construction of the driveway to the building site this year. 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 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 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 applicants 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 renewal to the 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 subject to the following conditions: Page 2 of 4 V/V ON. 7 OO ,.4,^J �� CITY of ORONO �� i;141 to• s/I) RESOLUTION OF THE CITY COUNCIL CESS NO. 4730 1. Authorities granted by the variances 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 these variances will expire on that date (November 26,2002). 2. 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. 3. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of November, 2001. ATTEST: _ _ _ si , , , , / .#, / ' 444,:eZe.d i 6-E- ' , i „ Linda S. Vee, City Clerk Barbara < Peterson, May 1.4 - z I Z ' t ' OM(___ Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of November,2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. //7 *. JACKIE YOUNG ti w� `- < . NOTARY PUBUC_MINNESOTA No Public My Commission Expires Jan.31,2005 ,, Page 3 o� • 771.-0:4 . /0 " C:t ---,. ,,..;,,,,- . CITY of ORONO la I. iokiic�G� RESOLUTION OF THE CITY COUNCIL �ES� NO. 4730 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this .30 .44 day of o t -n tar ,200 / by Linda S. Vee, City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. :A.}.,+ DENISE M.LESKINEN )k-Zi---1---- 4----. • �. NOTARYPtSL1C-M> A \ C2-� My a Y.;Jon.31.2006.1 Notary Public ti STATE OF MINNESOTA COUNTY OF HENNEPIN On thiso/SA day of pecem))eie , 20 0( , u...); //1 a Yr) F . Pe'{PPS o/7, VY/a R,Q:Pc( personally appeared before me, who is personally known to me ;i whose identity I proved on the basis of /'7/Y PL whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. LI.":: •• ,.);-- SON '-i)7 Ce4^1.4-t../(aC,2-4-ni_19.-N_ c' ., NOL=..' • °30'A ti % �_. Notary Pub c ,ll./1=ice J11.✓JF- STATE OF MINNESOTA COUNTY OF HENNEPIN On this 5+4 day of 4 er: -..c..r-L� , 20 UZ -�/��-c 1 Yi . L L . I�E4 er- cY1 , personally appeared before me, v r r'i c-cm' who is personally known to me \/ whose identity I proved on the basis of {'V DI— whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. 4'. RACHEL DODGE N �' NOTARY PUBLIC-M!NNE:'OTA ti Notary Public a'"' My Commission Expires Jan.31,22005 _ . __ ..-s - Page 4 of 4