The URL can be used to link to this page

Home My WebLink About#4930-variance-2003 . ,, � � � O _ V O �� O � �'��;,� - C ITY of ORONO � � �;;, � . :� ��.. ti � Y � ~' RESOLUTION OF THE CITY COUNCIL �t� \ �� kESI3�4 NO. 4 � � � =A RESOLUTIOi�t GRANTING A VA12IAl\'CE TO MUNICIPAL ZONING CODE S�CTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L)(1); SECTION 10.56, SUBDIVISION 16 (�(2); AND SECTIO`' 10.56, SUBDIVISION 16 (�(3) FILE NO. 03-2868 . WHEREAS,the Whitman Real Estate Partnership,(hereinafter"the applicants")�re the owners of the property located at 1580 Sixth Avenue N, within the City of Orono (hereinafter "the City") and legally described as follows: Tract D, Registered Land Survey No. 1418, files of Registrar of Titles, Hennepin CountS-, Minnesota, (hereinafter "the property"); and `VHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (L)(1); Section 10.56, Subdivision lb (J)(2) and Section 10.56, Subdivision 16 (J)(3)to construct a 125 s.f. driveway and pad, located 50' south of the centerline of Long Lake Creek where no hardcover is permitted, and gradin�, filling or excavating of more than 10 cubic yards within 7�' of the Creek where none is permitted, to serve as the access to a future home in the RR-1B zoning district; and �VHEREAS, after due published notice and mailed notice in accordance w•ith Minnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Planning Commission held a public hearing on February 19, 2003, at �vhich time all persons desirin� to be heard concerning this application�vere given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City C:,ancil of Orono, Minnesota: FINDINGS l. This application was re��iewed as Zoning File #03-2868. 2. The property is located in the RR-1 B Zoning District,�ti-here 2 acres is the minimum required lot area. The property consists of approximately 4.21 acres. Paae 1 of 5 � ,, � • O.�r � -T- "_-�_" O O � CITY of ORONO � . ;. � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �`�kEsKo�`'� No. 4 � 3 � 3. The Orono Planning Commission reviewed this application on February 19, 2003 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The lot�vas created in 1976 and is permitted to have one access; B. The minimal amount of frontage on Tract E requires that the access be located close to the tributary on Sixth Avenue N; C. The safest location for access to tlie lot is as far away from Sixth Avenue N as possible; and � D. The construction of the access will create minimal disruption of the land and should not negatively impact the tributary. 5. The City Council finds that the conditions existing on this property are peculiaz to it and do not apply generally to other property in this zoning district;that granting the variances will 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. 6. 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 variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to �lunicipal Zoning Code Section 10.22,Subdivision 2; Section 10.56,Subdivision 16(L)(1);Section 10.56, Subdivision 16 (J)(2) and Section 10.56, Subdivision 16 (J)(3) to construct a 12� s.f. drive�vay and pad, located 50' south of the centerline of Long Lake Creek where no hardco�•er is permitted, and grading, filling or excavating of more than 10 cubic yards within 7�' of the Creek w-here none is permitted,to serve as the access to a future home.Approval is subject to the follo«Rng Paoe 2 of 5 � o.�,. 0 0 � � . CITY of OR4N0 ,� - ,.� � ti ti RESOLUTION OF THE CITY COUNCIL ��`q , g'�G NO. � kESI'i� conditions: . 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further �� Planning Commission and City Council review. 2. Approval is subject to the following: a) A 15"culvert must be located undemeath the driveway pad; b) A grading permit application shall be made�vith the City for no more than the grading and filling necessary to construct a 25' x 25' drive�vay pad; c) Erosion control measures should be installed, inspected and approved by the City prior to any construction activity; d) The applicant is advised that future driveway construction within 75' of the Creek will require additional future approvals. 3 . 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 these variances will expire on that date (February 24, 2004). 4 . 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. 5. 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 or Orono,Minnesota at a reoular meeting held on the 24th day of February, 2003. ATTEST: � . � _. _:._ _ ..� _ � � -t '.�' .��. �/,�C'� '�iE:�d:/• � I.�7�J �Linda S. Vee, City Clerk Barbara A. Peterson, Mayor % %� -�-�'roperty Owner(s) Page 3 of 5 ' a O� � O O ,� .; � � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL �� 04'�G NO. � � kESI; STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of February,2003 by Barbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � _ , KRiSii B.APEDERS�JN � Not Public NfiTARY pt18l.IC M(NNESOTA 1•.� 1�,iy Commia�on Expires Jan.3 i,?.U07 r,� "� � ,. S , .7��.'�'.":�'J COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �� day of February, 2003 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrun:ent was executed on behalf of the City. � � FtACHEL DODGE Q(' �� ' h0?.4P.Y PUBUC-M!h�lE,"OTA ��--'L-'�`'� ��!`�. ��i, �,9;!:cmmssion Expires Jan.31,�oos Notary Public L1�.�:.._,..._�...::�.,....�.::r.:c...:c.r..: - STATE OF MINNESOTA COUNTY OF HENNEPIN On this ;3 day of�/(g�_,2003, :T�,h E. i-t�h��`m�v� �on b_e.,��I�- personally appeared before me, o� Wh�rn,an Rc.�.-� cs-t�..� P�.�tn.e,rs1,-�p �vho is personally known to me � whose identity I proved on the basis of �l� � L. �vhose identity I proved on the oath/a�rmation of , a credible�vitness and��ho executed the foregoing instrument,and acknowledged that he/she/they eYecuted the same as his/her/their free act and deed. � � DENISE M.LESKINEN ZG Norn�r�-�"E�TA Notary Public ��E�es Jan.31,2005 Page 4 of 5 � + �1 O 7 -.�..� O O ,� : .;. �, .. C ITY of ORONO ti ti � RESOLUTION OF THE CITY COUNCiL ��k o��G rvo. __ 4 � 4 � ESI; STATE OF MINNESOTA - COUNTY OF HENNEPIN On this day of , 2003, versonally � appeazed before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instruinent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public " Page 5 of 5 � . , � 4930 � � . �X��kt{�vi'�P� �V ✓r�V� CERTIFICATE OF SURVEY FOR � � JOHN WHITMAN OF TRACT D, R.L.S. N0. 1418 � HENNEPIN COUNTY� MINNESOTA � � � �� '�',�• , w `Jl . � �� ► y ! �j . � . • ,�Qi�r � CantKGns ' of asek y ' � � � � ��Ra. . . • 4$�` � � y � a `• .��.' " ;' € `• � ) �'�`�lr•�, \ g \ lI �'i. ' `` � �` �s` ��q � •,�� . S \ - ' �°°� ._...-•.-r' `�� N $ \ d�p. /!r 1C , tiF�` � ..�." 4mee 9rwd �� 9 `'so�. ��e�i . �.;°. � 'b�\ �s��l�o }� ael�` g��ro'��9 W``y �` � ♦ � S 82'12�� W 181.87 '° R•i391.22 �1/0. O,.�, i��16—. �� O�tO•32'38" Oq O :p0 1� 5 ��,n C O. ,L-2se.ot!e `�4 , N 11 � � . 0. 1 18' LEGAL DESCRIPTION OF PREMISES: Tract D, Registered Land Survey No. 14.18, files of Registrar of Titles, Hennepin County, Minnesota This survey shows the boundaries of the above described property. It does not purport to show ony other improvements or encroxhments. o . Iron morker • : Hennepin County right-of-woy monument Bearings shown are bosed upon an ossumed datum �or �exawric ca Ro. ra, s-+s�+-�s 0-73 ft �etboek ions � 20,120+—50.FT. Orivaway pad � 123+—5�. FT. �0.62R hQdeovx 75-230 atDaek zone �114010+-50.FT. 250-500 setEaek zans�49J9S+—S0.FT. i e��r�«i�r n�n��■�a��a ey�� sc�� GRONBERG&ASSOCIAT�.S,INC. �ma u�i�a ay��a�a�a��ma�a�� t,.a�oo� j ��R� the bws ot Ihe Stale of Ilenesota OATE � 445 l MllOr�iYE ' laC LN�Itt�6 1/24/03 `;� 952-47}-4141 �l.ls�.��.��..l..c�.. . .ice ra. �� ^_. ,.., . 11ork S Gronbc Nrcriewta lrc e Nunber t2155 03-021 .tt