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Home My WebLink About#3437-variances-1994 4 `� . ��•� , • � . . ' . � O� ' , O .. Q CITY of ORONO • �,��e�=� RESOLUTION OF THE CITY COUNCIL � r� ��' .' �„ � e� � ,� � �Y `� � ��, NO. � a ��9� og�G ' ESYi , A RESOLUTION GRANTING VARIANCES TO � MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) - FILE #1927 WHEREAS, Mary K. McCarty (hereinafter "the applicant") is the owner of the properry located at 245 Tonka Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 3, 4, 5 and 6, Block 3, "Bayside Addition to Lake Minnetonka", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal • Zoning Code Section 10.23, Subdivision 6(B) to permit construction of a new residence on a properry that consists of 25,050 s.f. or .6 acres where 87,120 s.f. or 2 acres is required and a rear setback variance for the structure is proposed 30' from the rear lot line where a 50' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: , - � FINDINGS 1. This application was reviewed as Zoning File #1927. 2. The property is located in the LR-lA, Lakeshore Residential Zoning District requiring 2 acres in area. The property consists�of 25,050 s.f. or .6 acres. 3. The Orono Planning Commission reviewed this application on May 16, 1994, and / recommended unanimous approval of the proposed variances based upon the following findings and hardships: A. The property is 25,050 s.f. in area and is subject to 2 acre zoni.ng ' standards. • Page 1 of 4 � Fam 5005 Wsk Oram 4 � O� � O .. O CITY of ORONO . • \�°:��"� RESOLUTION OF TH ITY COUNCIL �' No. � 4 � �1 � � �� :��;� ti S � �� o4�G . Es8 , B. The lots were platted prior to present zoning standards. � C. Per Orono Resolution #3167 the City approved sanitary sewer service to the properry. D. The substandard lot meets the 200' lot width requirement. . E. The lot is 125' in depth. The depth of the building envelope is defined at 25.5'. If structure is to be designed as a cottage-like structure, there is a need to build in an east-west alignment rather than a north-south. F. Development of the lot as proposed would be consistent with the pattem of development within the immediate Bayside Addition to Lake Minnetonka plat. • 4. The City Council fmds that the conditions existing on this properry 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. 5. 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 variances to Municipal Zoning Code Section 10.23, Subdivisions 6(B) to pernut the construction of a new residence at the properry located at 245 Tonka Avenue granting an area variance of 62,070 s.f. or 71.2% and a rear setback variance of 20' or 40%, subject to the � following conditions: • Page 2 of 4 � Fam5005 UiskOrono . � . . , , � O� O .. O CITY of ORONO • �'� ��=� RESOLUTION OF THE CITY COUNCIL , �, � �'� �:�,�' ,�ti � No. � 4 3 '7 � ��, og�G , Es8 � 1. Prior to the issuance of a building permit, applicant shall apply for the legal combination of the four lots that will make up the final building site. 2. Applicant shall apply for an access pemut from the Public Works Department prior to installing an access at Tonka Avenue. 3. The property is located within 500-1,000' of Lake Minnetonka and shall be allowed 35% of hardcover improvements. 4 Authorities granted by this resolution 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 (June 13, 1995). , 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 1994. AT E T: � , . r y M. in, City Clerk Edward J. Callahan, Jr., ayor Gabriel abbour, Acting Mayor � � � Prope Owner(s) • Page 3 of 4 r«�,soas o��ao�o M , . . ,�, � � O� O :. O CITY of ORONO � `�°�:e�'�=� RESOLUTION OF THE CITY COUNCIL ��',, '��s. .�� ,yc4 N0. � � `� � ��, o4�G Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoin�,m�strument was acknowledged before me on this 13th day of June, 1994, by Edv�a�i��Jl�all'�fi�ft;��r& Dorothy M. HallinA4F�'��I�'Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the �ity. ,w-�` LINDA S. VEE NOTARY PUBLIC - MINNESOTA � ' /`� HENNEPIN COUNTY U 'e" My commission expires 8-12-96 �N•� Notary Public ST'ATE OF MINNESOTA ) . ) ss. � COUNTY OF HENNEPIN ) an this o2�� day of ,Q>,� . S�- , 199�, before me a Notary Public within and for said County,persona y appeared u� K• C'ar S�n l known to me to be the person(s) described in and wh executed the foregoing ins ment, and acknowledged that he (the executed the same as his (their) free act and deed. LINDA S. VEE - D //�e� NOTARY PUBLIC - MINNESOTA �Q �/ -t HENNEPIN COUNTY �� My commisslon expires 8-12-98 Notary Public STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , 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 � Page 4 of 4 Fo�soos o�:k ao�o