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Home My WebLink About#3310-variance-1993 � ,_ µ �, � O � �' CITY of ORONO � �� .�.� � � � RESOLUTION OF THE CITY COUNCIL � ,� :��:3 .:� s�, 3 � � ,�, � � .�� ti No. 3 .,. ti , G �`�k'ESSOg'� A RESOLUTION GRANTING A VARIANCE TO . MUNICIPAL ZONING CODE � SECTION 10.23, SUBDIVISION 6 (B) � FILE #1834 ' WI�REAS, Mary K. McCarry (hereinafter "the applicant")has an interest in the property located at 245 Tonka Avenue within the Ciry of Orono (hereinafter "City") and legally described as follows: Lots 5 and 6, Block 3, "Bayside Addition to Lake Minnetonka", Hennepin County, Minnesota (hereinafter "the properry"); 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 , property that consists of 12,500 s.f. or .286 acres where 87,120 s.f. or 2 acres is required and a lot width variance as lot is 100' at the rear of the 50' street setback where a 200' width is required. � � � . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . �. FINDINGS .. � 1. This application was reviewed as Zoning File #1834. 2. The properiy is located in the LR-lA, Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 21, 1993, and recommended unanimous approval of the proposed variances based.upon the . following fmdings and hardships: - ' A. The property is 12,500 s.f. in area and is subject to 2-acre zoning standards. • � Page 1 of 5 " . ro�soos a�ao�o o � � �' � CITY of ORONO O ,, . O • ��T� . RESOLUTION OF THE CITY COUNCIL . � � +•� �� , NO. �e� e� � � .u. Y � ��9� o4�G Es8 . B. The lot was platted prior to present zoning standards. C. As a condition of the sale of the properiy, applicant has had to prematurely apply for variances prior to the resolve of the ownership of the soon to be tax forfeit properties to the immediate north. D. Applicant is unable to finalize comprehensive development plan for property and is fully aware that based on the limitations of lot depth that � she will need to file a rear/front setback variance application prior to � construction. E: Development of the lot would be consistent with the �pattern of development within the inunediate Bayside Addition to Lake Minnetonka Plat. - • F. The City readopts the fmdings set forth in Orono Resolution #3167 approving sanitary sewer service to the property. 4. The City Council fmds 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. 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 communiry. , . . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) to permit � • � Page 2 of 5 ' . ro�soos a�o�� °� . O .. O CITY of ORONO : � �' � � �;=� RESOLUTION OF TI� CITY COUNCIL j: '� � �'� ''�,� � � rro. 3 � �. � , '�,� , -a, Gti � ��'kE3Yi�4'� � construction of a new� residence at the property located at 245 Tonka Avenue, subject to the � following conditions: 1. Prior to the issuance of a building permit, applicant shall have applied for the � legal combination of the lots that will make up the final building site. ! �. � 2. Applicant shall apply for an access permit from the Public Works Department c. . prior to installing an access at Tonka Avenue. . i 3. The property is located within 500-1,000' of Lake Minnetonka and shall be allowed 35% of hardcover improvements at the time of development. � i � , 4. Autliorities 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 witllin one year of the date of Council approval, or tliis variatice will • expire on that date (July 26, 1994). ; . i 5. Violation of or non-compliance with any of the terms and conditions of tl�is � resolution stiall constitute a violation of the zoning code, shall lutomatically � f tcrminate any authority granted herein, and shall be punishable as a misdemeanor. : G. 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, r �tlercby agrees to the recording of this resolution in the chain of title of the ; ' property. � � . � � � � � Page 3 �of 5 . � � � � � . . Fam5005 UlskOmno , � �11�' � . O :. . O +CITY of ORONO. : , � � `� � � �� `�� RESOLUTION OF THE C�ITY COUNCIL � �'�„ � ��, �X� �, NO. � e� at Y � �� G : ��ESI;�g'� � '�' � � �` Adopted by the Orono City Council on this 26th day of July, 1993. . AT ST: . J , . , ' �- �•�• ' ` �� 1 Do othy . llin, City Clerk �dward J. Callal} n, r., Mayor i/ � � Proper w r(s) ;, ,• • . S'TATE OP MINNESOTA ) � � � ) ss. � . . COUNTY OF I�IENNEPIN ) � � The foregoing instrument was acknowledged before me on this 26th day of July, ' 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalP of the � City. • � ot y Public , M ' JAMIE L C3�SPJIA . � � � �C;��:��Nt�TA � • NOT�Y Pl. �;r '. -;,., �, � ' ' . . . ' �ti\`�� ' . , '- ' � My Com;�.GE;�;as':�-19-97 '�'rr�t� . . . - . �''� ' { / � t • ' Pa e4of5 � � g � �� • � � � � � � I � � � � � . � FamS005IXskOrono , � �� . O :. O CITY of ORONO � �� ,� �, . - .�� ' RESOLUTION OF THE CITY COUNCIL ' � � ^ ��;� ti NO. e7 e� � � � ti �� G k'ESHOg' STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this ' ��n� day of u�r , 199�before me a Notary Public within and for said county,personally ap eared � �� o�� a w h,e r known to me to be the per on(s) escribed in who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' � LINDA S. VEE �� NOTARY PUBLIC - MINNESOTA � HENNEPIN COUNTY NOTARY PUBLIC � My commissfon expires &12-96 STATE OF MINNESOTA ) � � ' �) ss. � . COUNTY OF HENNEPIN ) � ' On this day of , 199 before me a Notary Public within and for said county,personally appeared lrnown 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 5 of 5 _ . - . . FormsoosasXOroeo