HomeMy WebLinkAbout#3744-variance-1996 �
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, CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
�t`9kESH�g'�G NO. � '7 4 4
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE NO. 2148
WHEREAS, Jackie M. Dahl and Wayne M. Holmes (hereinafter "the applicants")
are owners of the property located at 1390 Park Drive within the City of Orono (hereinafter
"the City") and legally described as follows:
Lots 19 and 20, Block 13, Saga Hill Revised, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a new residence on
a property that is 17,700 s.f. or .4 acre where 43,560 s.f. or one acre is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2148.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area.
3. The Orono Planning Commission reviewed this application on July 15, 1996 and
recommended unanimous approval of the variance as proposed based upon the
following unique findings and hardships:
A. A residence has existed on this property for over 30 years.
B. The property is served with sewer.
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'ti RESOLUTION OF THE CITY COUNCIL
��'q.kE Kp4�'G NO. 3 '7 4 4 ..
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C. The area of the property is consistent with the pattern of development in
the surrounding neighborhood.
D. A residence can be constructed on the property and easily meet the
required LR-1B zoning setback standards.
4. 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 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.
5. 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 unique findings or hardships, the Orono
City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision
5 (B) to permit the construction of a residence structure and grants a variance of 25,860 s.f.
or .59 acres, subject to the following conditions:
1. Applicants' contractor shall obtain a demolition permit for the removal of the
existing residence and abandoning of cistern.
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 (July 22, 1997).
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�, CITY of ORONO
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'� RESOLUTION OF THE CITY CO.UNCIL
��9kESIIOg'�G NO. 3 7 4 4
3. Violation of or non-compliance with any of the terms and conditions of this
variance 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 22nd day of July, 1996.
AT ST:
,
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�� , ���,��� � ��1��
orothy M. all n, City Clerk Edward J. Callah�ii, Jr., Mayor �"
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P ope O�vner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of July,
1996 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.
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.� `.'• CAROLE A HASEMAN � � !',��
'' ` �� NOTARYPUBUC-MINNESOTA _S �7�'`�'�'-�� "- �''—%ta�=����
:.. ,.
' H�INEPIN COUNTY Notary Public
`,�•�•� My Cammission Expir�Jan.31,2�00
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, C ITY of ORONO
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��� �G'�' RESOLUTION OF�THE CITY COUNCIL
9kESH��' NO. � 4 �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �:i 3'`� day of ,`r� �� , 199 � , before me a Notary Public
within and for said County,personally appeared ;Sa.� u e /'n E n'� . �t�h ( 5,'� 1
. known to me to be the person(s) described in and wh ' executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�" � c���-�
� �. LINDA S.VEE ��''2`�`�'
:�'• NOTARY PUBLIC-�dINNESOTA Notary Public
�-c�n•,-,: HENNEPIN COUNTY
�.M���° My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,� 3 `—`� day of ���.�yr , 199 �� , before me a Notary Public
within and for said County,personally appeared lJ�n� ��I- ��c/�r��S , 5�'�y/�P
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.
������ � C�
Notary Public
�••. LINDA S.VEE
NOTARY PUBLIC-t�11NNESOTA
a:•.;;,�- : HENNEPIN COUNTY
�.'�'+ My Commission Expires Jan.31,2000
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