HomeMy WebLinkAboutResolution 3473 01
O470 CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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A RE',OLUTION GRANTING A VARIANCE
0 MUNICIPAL ZONING CODE
S CTION 10.28, SUBDIVISION 5 (B)
FILE NO. 1963
WHEREAS, ames and Camilla Farley are the owners of, and Engen & Kozojed
& Associates, Inc. (hereina iter "the applicants) have an interest in the property located at 15
Orono Orchard South with.' the City of Orono (hereinafter "City") and legally described as
follows:
That part of the northwest quarter of the northwest quarter of Section 2,
Township 11 , Range 23, which lies northerly of the Luce Line Trail, Hennepin
County, M. esota (also known as Property Identification Number 02-117-23 22
0002) (herei after "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.2:, Subdivision 5 (B) to permit the construction of a single family
residence on a lot 80' in w,dth in the RR-1B zoning district where required lot width is 200'.
NOW, T I:BEFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This applica ion was reviewed as Zoning File #1963.
2. The prope ,y is located in the RR-1B Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on September 19,
1994 and recommended approval of the proposed variance based upon the
. following f"ridings:
A. The shape of the property does not allow conformity to the City of
Oro o's 200' frontage requirement. The lot is triangular in shape and is
app oximately 80' in width at the 50' front setback; and ranging from
110 to 150' in width at the proposed building site which is located
app oximately 130' from the front lot line.
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Pam 5005 th,k 0
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RESOLUTION OF THE CITY COUNCIL
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B. Adjacen property to the south is the Luce Line Trail and to the north is
a devel ped residential property containing a wetland near the north
bounda of applicants' property. The adjacent property is not available
for purc ase to increase the width of applicants' property at the 50' front
setback ine.
C. The exi ing house on the property has existed there for many decades and
is locate less than the required 30' from the side lot line adjacent to the
Luce Lie Trail. Applicants propose to remove that house and construct
a new r sidence that meets all setback requirements of the City.
D. Strict e orcement of the zoning code would not allow the existing house
with no -conforming setback to be replaced with a new house having
confor ing setbacks.
4. The City Cou cil has considered this application including the findings and
recommendatio s of the Planning Commission, reports by City staff, comments
by the applican and the effect of the proposed variance on the health, safety and
welfare of the ommunity.
5. The City Coun it finds that-the conditions existing on this property are peculiar
to it and do n t apply generally to other property in this zoning district; that
granting the v iances would not adversely affect traffic conditions, light, air nor
pose a fire ha and or other danger to neighboring property; would not merely
serve as a c nvenience to the applicant, but is necessary to alleviate a
demonstrable h rdship or difficulty; is necessary to preserve a substantial property
right of the app licant; and would be in keeping with the spirit and intent of the
Zoning Codend Comprehensive Plan of the City.
CONC USIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code ection 10.28, Subdivision 5 (B) to permit the removal of the
existing residence and constru tion of a new residence on the property, subject to the following
conditions:
1. The new resid4nce shall meet all required setbacks.
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fain 5005 Dish Orr
Q CITY of ORONO
,,.,�, RESOLUTION OF THE CITY COUNCIL
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NO. 3473 1
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2. Authorities gra ted by this variance run with the property not with the applicants,
but are permi•sive 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 I ate (September 26, 1995).
3. Violation of o non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any a thority granted herein, and shall be punishable as a misdemeanor.
4. The undersignet applicants have read, understood and hereby agree to the terms
of this resolutio and on behalf of themselves, their heirs, successors and assigns,
hereby agree is 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 September, 1994.
AT' EST:
• / /
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Dorothy M. 41 , City Cler Edward J. C4/e/e/r1
Mayor
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Property I wner (s) •
yrperty •wner (s)
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form 5005 MO0r--
‘1" o40 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
September, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
- NOTARY PUBLIC .. MINNESOTA �/ _ //
HENNEPIN COUNTY (9 ,-?._ -� ��N11 ///!!!
___ ,
• ., My commission expires 8-12-96
,t Notary Public
1
STATE OF MINNESOTA )
Y1 ss.
COUNTY OF HENNEPIN )
On this /Mk day of U Av , 1991 before me a Notary Public within
and for said county, personally appeared 4 I - . _ , hr.....: •_ / .,A-1.....-'
known to me to be the person s) described in and o executed the foregoi instrument,and
acknowledged that he (they) e ecuted the same as his (their) free act and deed.
BOSMANOTC-MINNE1Fø My Expires COUNTYHENNEPIN 2129-97 ) NOT' R PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ',?'day of ,ir '6A) , 199"/ before me a Notary Public within
i
and for said county, personally ippeared , � • ' • /. ./ _._ -0—Lid.
known to me to be the personls) described in .nd who executed the f•"egoing instrument,and
acknowledged that he (they) e .ecuted the same as his (their) free act and deed.
� -8%�-�-1,��1, �1_` "' NOT96/4'x-c-t)•
PUBLIC
, r,•. NOTARYJAMIE L BOSMA PUBLIC-MINNESOTA
7 HENNEPIN COUNTY
•..••^ My Comm.Expires 12-19-97
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Form 5005 04 Or•'
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CCITY of ORONO
; � RESOLUTION OF THE CITY COUNCIL
, ti NO. 3 4 7 3 a
9kESilOi'
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STATE OF MINNESOTA )i
) ss.
COUNTY OF HENNEPIN )
On this 13?) day of c./e hie r , 1991 before me a Notary Public within
and for said county, personally appeared . . ./ a- : Fur/? 6i.-r%e.i
known to me to be the perso (s) described in and who executed the foregoing instrument,and
acknowledged that he (they) a ecuted the same as his (their) free act and deed.
0,'"
LINDA S. V' E j .-e--z---
, .-e--z---
, NOTARY PUBLIC - M NNESOTA e ��L Gv
-• HENNEPIN CO NT( I NO ARY PUBLIC
My commission expir-- 8-12-98 1
STATE OF MINNESOTA ) 1
) .s.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within and for
said county, personally appe.red -
known to me to be the person(.) described in and who executed the foregoing instrument,and
acknowledged that he (they) ex-cuted the same as his (their) free act and deed.
NOTARY PUBLIC
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Form 5005 Disk Oro,