HomeMy WebLinkAbout#4438-variance-2000 fvw
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i=-�.: ,�, CITY of ORONO
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� r� ��� �G RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE NO. 2565
WHEREAS, Peter L. and Geri G. Scherer (hereinafter "the applicants) are the
owners of 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 /12565.
2. The property is located in the RR-1B Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on March 20, 2000 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 280'
to 320' in width at the proposed building site which is located
approximately 600' from the front lot line.
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• Nryl1`%4` G'� RESOLUTION OF THE CITY COUNCIL
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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. Applicants propose to construct a new residence that meets all setback
requirements of the City.
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. Council approval is based on the site plan submitted by the applicants attached to
this resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
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 (April 10,2001).
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,„'"1- ,,,AA 47 RESOLUTION OF THE CITY COUNCIL
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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 10th day of April, 2000.
ATTEST:
xe;.) ( e-e-- ' `:.,... ... .. ._,_...,, ,_.
Lin Vee, City Clerk Gabr 1 Jabbou • yo
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Property Owner (s)
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CITY of ORONO
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of April,
2000 by Gabriel Jabbour and Lin Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
eaVili_J 6. "iled_e_.092.e..,LI
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this //fh day of Apr; I , 2000_before me a Notary Public within
and for said county,personally appeared Pop,,L. S{kre.rd.Cerl O.50-Aerer-J„S},o nd•-.w;Fe.
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.
CAROLE A.HASEMAN 00. -6_,
8 r-•c.„, �yyNOT� � �rY U. ' SOTA1. �t ,' C. ,e1.240--17
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2000_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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LOT SURVEY
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