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Home My WebLink About#4839-variances-2002 � �`� . -.f �� `' �� 0�t . � .. � � O O ��b. - CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��`9kEggOg'� NO. � � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 5(B), FILE NO. #02-2800 WHEREAS, Marlys McCarty, (hereinafter "the applicant") is the owner of the property located at 225 Tonka Avenue within the City of Orono(hereinafter"the City")and legally described as follows: Exhibit A. (hereinafter�"the property"); and � WHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 5(B)to permit new residential single family construction on a lot that is 181.88 feet wide where 200 feet is required,on a lot that the area is .52 acre where 2 acres is _ required,a front yard setback to be 40.5'where 50' is required,and a reax yard setback of 30'where i50' is required. � � WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 15, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File#02-2800. 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately.52 acres or 22,736 s.f. 3. The Orono Planning Commission reviewed this application on July 15, 2002 and recommended approval by a vote of 7 to 0. • Page 1 of 7 : , , , ��=� , y �� . � o 0 ��b. - CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��sKO�`'� No. � � � 3 � 4. � The Planning Commission made the following findings of fact: A. The property has been developed with a residential use since at least 1955. B. The existing residence on the property is in a non-conforming location too close to the front lot line, and will be removed. C. There is no additional land to combine with the properly. The property owner acquired property to the north of Brook Street,still extremely undersized for the LR-lA zoning district. It is similar to other developed lots in the neighborhood. D. The residence meets City ordinance standards for structural lot coverage. E. The residence meets City ordinance requirements for hardcover in the 500- • 1000' setback zone. � 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 variance 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 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. 6. 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. � CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants • Page 2 of 7 � T � � /��.._ • \ � O� • O O ��d_ - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��SI��4� � , NO. d �! �t � variances to Municipal Zoning Code Section 10.23, Subdivision 5(B)to permit new single family residential construction on a lot that is 181.88 feet wide where 200 feet is required,on a lot that the area is.52 acre where 2 acres is required,front yard setback of 40.5'where 50'is required,rear yard setback of 30' where 50' is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. 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 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 these variances will expire on that date (July 22, 2003). � 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 applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of herself,her heirs, her successors and assigns, hereby agrees 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 regular meeting held on the 22nd day of July, 2002. AT 1 ST: - �� .�- . Linda S. Vee, City Clerk Barbara A. Peterson,Mayor �C Property wner(s) • Page 3 of 7 r � r � //1 . ' � �� , o � o ��b. - CITY of ORONO � ' � �� G'�' RESOLUTION OF THE CITY COUNCIL ��`9k'EsH04'� � NO. � � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of July, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Y RACHEL DODGE � � � � �s: ,. NpTARY PUBLIC-MINNE^OTA �'` ��p � � i,,,�. ��•' Myr Gommisslon Expires Jan.31,;oz� � Notary Public � :,��+. �� ti. �C�.:.,<;c:, � STATE OF MINNESOTA COUNTY OF HENNEPIN • The fore oin instrument was acknowled ed before me on this �`��' da of Jul 2002 g g g Y Y� by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. "" RACHEL DODGE �- ��e� . ��=�� NOTARY PUBLIC-MINNE^OTA `�,'� MY Cammfsslon Expirns Jan.31,�on5 Notary Public .n,.- STATE OF MINNESOTA , COUNTY OF HENNEPIN On this�day of t��c ,2002,_ Gt��i�S e �a��/ personally appeared before me, who is personally known to me ��whose identity I proved on the basis of��N ��' ' whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and aclaiowledged that he/she/they executed the same as his/her/their free act and deed. � Notary Public Page 4 of 7 C`��I�E M.LESKINEN NOTARY Pl)BLIC-NqNNESOTA My Cortu�dssion Expires Jan.31,2005 �� ` � /7 O� • O O � ��e. - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL L�SH�4� � NO. 4 � ag � STATE OF MINNESOTA COUNTY OF HENNEPIN On this_day of , 2002, personally appeazed before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirtnation of , a credible witness and who executed the foregoing instniment,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � � Notary Public � �• Page 5 of 7 � � Exhibit A . . 3 • . �: . � � t7 � � arcel I,ats 1 and 2,Block 3,"Bayside A.ddition to Lake N�nneioaka",Henncpin County,Muinesota. 'The West 100 feet of vacated Brook S�c�t,dcdicated in the plat of"Bayside Addition to Lakc Minaetouka." el Z• That part of Lot S,Auditor's Subdivision Number 203,Hamepin County,IViinnesota+dt�nbed as � foll�w5: � Beginning at the point of interscctian of thc south line of said Lot S with t�e nort�etly exttnsion of � the west 2ino of Block 3,`Bayside Addition to Lake Minnctonka,"ihenc�NGrth,along said northerly I exteasion,a distance of 115.69 fect;thence southeasterly to a point on the nartherly extension of the ��e of said Block 3,dis�mt 81.88 feet north from the northeast corner of said Block 3;thence Soti�,along said northaly extension of the east line of Biack 3,a distance of 61.$S feet to said south line of Lot 5;tllence West,along said south line,to the point of beginning. • � ! I • � . . . .: . : . . .. .. _ _ ....: . . . .......: .. ....... .. .. _: ;. ._ :. ,� _ .. . . - . . . . . .. _ - . . . . . .. . ... .: . -•p�ge"=6'�"� �-��- Exhibit B . —,._.._. � � � � � • . . CtRTIFICATE OF SURVEY FOR �`Y`��`��T�` IvIARLYS McCARTY � �N" ; IN LOT�S 1 & 2, BLOCK 3, s6J`�'o,,, o & PART OF VACATED BROOK STREET �`�JS.,e ' SAYSIDE ADDITION TO LAKE MINNETONKA � . � & PART OF LOT 5, AUD. SUB. N0. 203 - � . � . ' • . , . � . ., , LOT � 5 . ' ' � EXISTPlC EASEMENT OVER VACATED . � . ' BROOK STREET TO BE MOVED TO THE SOUTH 15' OF LOT 2. � � . � SOUiN LtE N Oi LOT S. � N'lY L�9F � ��p,� � BAY50E AOOITKM • ' .. W.IO] NN CpH,CF BAYSiOE AOdTqN TO UKE►IM£TWiCA � . � . . ` ______ S 89•46'00•E : .. ______'___ ______ ; """"""' ""'"""tpp""""""""""' ._'25T1--' � _ . , ' _�T�' � VACATED BROOK ST..H g� BROOK � ST. '�� — ------ —'•-- '_""- _.ss.zt-,, — — r+e9•~s�oo•w ` . . „ ewsTwc � • • / x : � . . �� 40 " 4 . 8 . , � � S� � , . : ... r� .. ,• , :. $ f��,Se � �., � ' . --------�------ . . . . � • S j • � --------------------------- ._ Q . . -- .�. ' west tre a � BLOOC].B.�YSOE ��Ex�o � ADpTqN TO . � UKE wt+EiWx� Q ;' _ ' . ' . . . � ' c�' :� L ¢ . ' —��--�----------------- ------- Y ' Z r �= PROPOSED EASEMENT � Q • E-- . '• N 89•46'00" W 125.25 --- � 3 � � .o . LEOAL D;SCRIPTI.Zj,{ . • Lou 1 d 2,d'acl;7,"Dayside Addition to Ukc Minnctonka," - � Also,�he watd Watny I00 fat uf Oraok Strm,`Bapide Addition to Gka . � A9MCtonlS.' Also,tlut put of Lot S,Audittt's SuWiwion Numba 20),descnbcd ae fo0owr Beginnin;at the Nonhwest wmu af Oayude AJdiGon to Wee Afinnetoniq Ihmcn - - � NoMal�ilang a line whi�h is the NoMvly projtt�ion of the Westa'ry�uw of Blocic 7, Bayude Ad�Gon ro Lake Ffuu+cienk�to a puint which u�0 Cm Sauthwntv��4nm the . . Sou�hwvtxfy Gne af�he ALnnuou Wctem�:7road Compary right oCmy,meaa�rtd u . . � rigAt m�lc��hacRom;Umce Swthcutaly atong a 6M Mwn panlid to�he . . . Sou�hwWUly low of nid pfiMwq Weuan Railroad Compury right of rv�r�ud 40&et . . . ' � distau Sauthwc!viy the�efron�mnsured at right angin,to tha poirt of W�ttson of � taid Gne wi�h 5e it�hvly projection of the Esstuly Gne af B�ak 7.Bayrida Awi6ao b Wcm Mumcto�q thrna Sw:huly alang�aid Nonhuly pmJection of�hs F�tc1y Gm nf � Bbck 7,B�ysida AddiEoo to Wce MiMnonka to Ne iotenection of s�id Goa�rit6 the � Nmihaly6neu(�syoJa.ldd�GontoLike�finneto��;WenceWratetlyJavgllu �� . � . _NortAclr 6am o[DaniJa MdQan to lalce Flinnctoda to tlta paint olLepmung ' a dmolcironmukv � ascKO w[vma att aw�vTw :��riT�ou�c�r s�s[��iuo 1�µE . COFFIK &CRONBERC, IKC, �,T,�,,.a,..,�,,,,,�,��„�,,,��. "" a�sra uca u ua v ac n.rt n v�r► �T _ � oom�:ec o+um�s wa amtmq srz a�xus oa/n�ao Mo2u ID2 TALMACK AKlLE lON6 LA1�Yl SS7Si L �� JOB N0. 61$-�73-�1:1 o�TC - u�ucacc wsa oW te �00316 . . , /l 1`� � . �. .; Pz�e 7 of 7 � � .