HomeMy WebLinkAbout#1718-A-variance-1985 T
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���jR��� UTION OF THE CITY COUNCIL
NO. 1718-A
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GRANTING A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE �874
WHEREAS , Mrs . Donald Johnstone and Duane Barth
(hereafter "the applicants" ) have an interest in the property
located at 1800 Shadywood Road within the City of Orono
(hereafter "City" ) and legally described as follows :
Lot 21 , Shadywood (hereafter "property" ) , and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.25, Subdivision 6
(B) to allow the construction of a residence on a lot with 15,100
square feet in area or 69 � of the required 21 ,780 square feet,
and approve a lot width of 60 feet or 60� of the required 100
foot lot width.
NOW TAEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota :
FINDINGS
1. This application was reviewed as part of zoning file no.
874 .
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District.
3. The proposal can meet all hardcover requirements of the
LR-1C zoning district.
4. The proposed house and improvements can be constructed
without the need for additional variances.
5. Property tax records indicate the lot has been valued and
assessed as a separate lot.
6 . The applicant acquired the property prior to the
effective date of the current zoning standards, and has
continuously held it as a separate lot.
7. No other land is available - lots are developed on both
sides of the property.
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� Cit of ORONO
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RESOLUTION OF THE CITY COUNCIL
1718-A
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MICROFILMED
8 . The property has been assessed for City sewer.
9. The property has been assessed for City water and was
assessed a separate water unit.
10. The lot area of 15 ,100 square feet is consistent with
many other properties in the neighborhood and is equivalent
to or larger than 11 of 25 existing building sites in the
neighborhood.
11. The lot width of 60 feet is equivalent to or larger
than 10 of 25 existing lots in the neighborhood.
12 . The City Council has considered this application
including the findings and recommendations of the Planning
� Commission, reports by City staff, comments by the aplicant
and the effect of the proposed variance on the health,
safety and welfare of the community.
13 . 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 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 f indings, the Orono City Counci 1
hereby grants a variance to Municipal Code Section 10.25,
Subdivision 6 (B) to permit the construction of a residence on a
property with 15,100 square feet in area instead of the required
21,780 square feet, and approve a lot width of 60 feet instead of
the required 100 foot lot width, subject to the following
conditions :
l. Maximum hardcover of Lot 21 is to be 2,280 square feet
including roofs, decks, driveways, sidewalks , patios ,
terraces , and the like.
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TH�S ��°�M , €,�
�E �T10N OF THE CITY COUNCIL
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I�1CROfILIM�D No. 1718-A
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2. Applicants shall bear the expense of bringing sewer and
water stubs to the property if no stubs exist.
3. Applicants shall pay a park fee for this new lot in the
amount of $430. 00 .
4. The $225.00 sewer plant charge is to be paid with other
standard charges when a building permit is issued.
5. Applicants are hereby advised that in approving the
development of this substandard property that all future
improvements must meet the current standards of the code and
that a future Council may not approve any improvement to the
property that requires a variance.
6. Authorities granted by this variance run with the
- property not with the applicant, 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 (January 14, 1986).
7. 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.
8. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
Adopted by the City Council on this 14th day of
January, 1985 .
ATT ST:
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D othy M allin, City Clerk Mary C: B�.� er, Mayor
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1 operty Owner
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� �'NIS ��'E� � f ORONO
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M�CRO�IL����SOLUTION OF THE CITY COUNCIL
• NO. ,
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ���'��" day of �-c-tu�`� , 1986
before me a Notary Public within and for said county, personally
appeared �- �,��r��F{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.
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��,,.....,� MICHAEL P. GAF� r+��J NOTARY PUBL C -
'" �� � NOTAflY PUBLIC-MINNESOTA /, -�
�9l1F�' HENNEPiN COUNTY
'�� My Commission Expires June 11.1987
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MY COMMISS ON EXPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On this ��;�-�� day of -��G�c� c�� � , 1986 , before me
a Nota y Public 'thi �and fo ai County, personally appeared
� �. � � known to me to be the
person(s) described in and ho executed the foregoing instrument,
and acknowledged that e (they ) executed the same as his
(their) free act and deed.
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� NOTARY PUBLIC
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• lOANNE C.IArnN
��'"` M�NNESOTA
NOTARY PUBIIC-
�\� HENNEPIN COUi�T t 5,1,90 r -� ����
M��Commission Expires SeP� n ,
� ���^� MY ISSION PIRES
Page 4 of 4
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��fIS ITE� N�$ ��EN
. MICROfiLMED
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono . Hennepin
County, Minnesota. do hereby certify that I have eompared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said� City Council at a meeting of said City Council held •
on January 14 , 19 85 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof � I have hereunto set my hand and seal this
25th � day of August � 19 86
D othy M. allin� ity Clerk
(SEAL) �