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Home My WebLink About#3473-variance-1994 . .. r O N. CITY of ORONO O O ; �, RESOLUTION OF THE CITY COUNCIL 'lilt 4,I'...t '014411A / 4 7 s 9k'ESHDg' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 1963 WHEREAS, James and Camilla Farley are the owners of, and Engen & Kozojed & Associates, Inc. (hereinafter "the applicants) have an interest in the property located at 15 Orono Orchard South within 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 117, Range 23, which lies northerly of the Luce Line Trail, Hennepin County, Minnesota (also known as Property Identification Number 02-117-23 22 0002) (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a lot 80' in width in the RR-1B zoning district where required lot width is 200'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1963. 2. The property 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 findings: A. The shape of the property does not allow conformity to the City of Orono's 200' frontage requirement. The lot is triangular in shape and is approximately 80' in width at the 50' front setback; and ranging from 110' to 150' in width at the proposed building site which is located approximately 130' from the front lot line. Page 1 of 5 Fonn 5005 Oink 0- CITY of ORONO O _, O ,, RESOLUTION OF THE CITY COUNCIL ti NO. 3 4 7 3 B. Adjacent property to the south is the Luce Line Trail and to the north is a developed residential property containing a wetland near the north boundary of applicants' property. The adjacent property is not available for purchase to increase the width of applicants' property at the 50' front setback line. C. The existing house on the property has existed there for many decades and is located less than the required 30' from the side lot line adjacent to the Luce Line Trail. Applicants propose to remove that house and construct a new residence that meets all setback requirements of the City. D. Strict enforcement of the zoning code would not allow the existing house with non-conforming setback to be replaced with a new house having conforming setbacks. 4. 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. 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 variances 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the removal of the existing residence and construction of a new residence on the property, subject to the following conditions: 1. The new residence shall meet all required setbacks. Page 2 of 5 • Farm 5005 Disk Orr CITY of ORONO O RESOLUTION OF THE CITY COUNCIL NO. 3473 i 9�y�,!M g�G ESTI 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 (September 26, 1995). 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 applicants have read, understood 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 September, 1994. AT' EST: r 7'111. Dorothy M. •-- , City Clerk Edward J. Callaha , r., Mayor Property Owner (s) 1perty •wner (s) Page 3 of 5 !am 5005 Oisx 0C‘ ° CITY of ORONO 4t01,-*- RESOLUTION OF THE CITY COUNCIL ,$,, ' � � ti NO. 3 4 7 3 ,4, 1 ,,;4 , '.4 G~ 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. b f /,NOTARY PUBLIC - MINNESOTA G-i X - HENNEPIN COUNTY i �L My commission expires 8-12-116 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /PA day of (0 G 1v , 1991 before me a Notary Public within and for said county, personally appeared �r, .r•7L- ,r , .c,uz_� i na v- '2 known to me to be the person(s) described in and�who executed the forego] instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. °_ �° NOTARY PUBUC-M N ESOTA 1 C_\ Ag<krn GC HENNEPIN COUNTY // °' :' '' My Comm.Expires 12-19-97 \ NOTARy PUBLIC ( STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /o9"lday of U(4- , 1)t) , 199x/ before me a Notary Public within and for said county, personally appeared Lvrsc e.a (; , 4QA , --- known to me to be the person(s) described in, nd who executed the fohegoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. JJIJffrr�Jff�'�'"' NOTA PUBLIC ti 64-71-1--'5‘— :.9.-----..-------=,----_-------....-_,-_,:„:--- JAMIE L BOSMA 'i • NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY -`' My Comm.Expires 12-19-97 __.�: _ Page 4 of 5 Form 5005 NO O,- ‘4,‘. O.4V) CITY of ORONO '. ^, RESOLUTION OF THE CITY COUNCIL itNt �,�, if,,.., ,fit"� ti NO. 3 4 73 4 917 kestie" STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 13'" day of Q,.ie h2 t" , 199/ before me a Notary Public within and for said county, personally appeared e a rri;//a. 4, rarity ,n a rKeI 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. LINDA S. VEE J &z-- r �` NOTARY PUBLIC - MINNESOTA �/vL Gv -.r: HENNEPIN COUNTY NO ARY PUBLIC ./ My commission expires 8-12-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ 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 Page 5 of 5 Form 5005 Dist Oro