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Home My WebLink About#3724-variances-1996 :;., �- • � O� ' � • O O �b � � CITY of ORONO � � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��9kESH�g'�G NO. i3 "7 � � —. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE , SECTION 10.24, SUBDIVISION 5 (B) AND - SECTION 10.56, SUBDIVISION 16 (.n (5-H & � FILE NO. 2125 , WHEREAS, Richard D. Clifford (hereinafter "the applicant") is the owner of the property located at 4760 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: " Lots 5 and 6, Block 3, Bergquist and Wicklund's Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal .• Zoning Code Section 10.24, Subdivision 5 (B) to permit construction on an undeveloped properiy that consists of 17,030 s.f. or 0.39 acre where the Code would require 43,560 s.f. or 1 acre and where the lot measures 100' to the rear of the frontlstreet setback line where the Code would require� 140' width.and a variance to Section 10.56, Subdivision 16 (� (5-h & j) to permit land alterations witlun°17'�of the top of the bluff where a 20' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2125. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring.one acre in�area. 3. The Orono Planning Commission reviewed this application on April 15, 1996 and recommended unanimous approval of the variances as proposed based upon the following unique findings and hardships: • Page 1 of 5 , , . . , � O ' V • O O b. - CITY of ORONO . � F . '�' RESOLUTION OF THE CITY COUNCIL ��`q.t�'E Hp4�'�'� N O. s� "� � � _ � S A. The City has approved lot width and area variances for this property in 1984 and 1986. B. The size and width of the property is similar to other developed properties in the surrounding neighborhood. , C. There is no adjacent undeveloped land available to increase lot area or lot width. J�. A bluff has been located in the south yard. The proposed structure will be located 36' from the top of the bluff where the Code requires a 30' setback. E. Excavations to create a walkout will encroach 3' into the bluff impact • zone. Ceil Strauss of the DNR in a letter dated April 12, 1996 advises that the final elevations will actually slow down surface runoff providing temporary ponding and reducing potential for erosion. In her letter, Ms. � Strauss approves the proposed grading plan. 4. 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 variances 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 Compreherisive 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. • Page 2 of 5 . , � .. , ' � O� - • O O b� - CITY of ORONO � � . ��: ��'�' RESOLUTION OF THE CITY COUNCIL . `�kEsKO4 No. 3 '��2 4 �-� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings or hardships, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.56, Subdivision 16 (J) (5-h & j) to permit construction of a new residence on the undeveloped lot granting an area variance of 26,5030 s.f. or 61% and a lot width variance of 40' or 28.5% and a variance of 3' or 15% for the encroachment of certain land alterations within the bluff impact zone, subject to the following conditions: 1. Prior to the City issuing a building permit for the new construction, applicant must arrange for a meeting with the Hennepin County DOT and the Orono staff to determine the need for any improvements within the County right-of-way or on property to minimize impact of additional drainage from development. • 2. Applicant shall make payment of $225.00 of a sewer unit charge with the � building permit application. 3. A silt fence shall� be installed on the southwest boundary of construction site until groundcover is established. 4. Applicant shall provide a planting/landscape plan with building permit application for area of bluff impact zone disturbed by land alterations. 5. Access to the property shall be gained via a driveway within ununproved public right-of-way known as Park Avenue at the north. Applicant shall provide address signage at the intersection of driveway with Tonkaview Avenue and at north lot line of property. Applicant's address shall be reassigned to a Tonkaview Avenue address. Applicant shall also agree to participate in the upgradirg and annual maintenance of the shared access driveway to property. 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 (May 13, 1997). • Page 3 of 5 �I .s. �t.� . � O� • • O O • b. - C ITY of ORONO � � ��L_ �G'� RESOLUTION OF THE CITY COUNCIL . 9k'ESII�4 NO. � � �4 � . 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 of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 1996. AT ST: � • . � � � orothy M. a in, City/Clerk Edward J. Callah , Jr., Mayor roperty Owner s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instnunent was acknowledged before me on this 13th day of May, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota mi.uucipal corporation and said instrument was executed on behalf of the City. ' ��;':':�,•' CAROLEA.HASEMAN � ��- ,��r�;��=�-� � NOTARYPUBLIC-MINNESOTA Notary Public � ',,,�,��•°•• HENNEPIN COUNTY My Commissfon Expires�an.31,2npp • . Page 4 of 5 .. � -�. i r O� � O O b. - C ITY of ORONO � ti � � '� RESOLUTION OF THE CITY COUNCIL �� G No. 3 �7 � 4 �-� . � kESH� STATE OF MINNESOTA ) ) � ss. COUNTY OF HENNEPIN ) On this /5fh day of ,- , 199�, before me a Notary Public within and forsaidCounty,personallyappeared ;� nral j�j; ,� ��,��rr�� 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. s --- ,.i; CAROLE A.HASEMAN :"' � NOTARY PUBLIC-MINNESOTA 'o�: HENNEPIN COUNTY /f � , -�� ,�•� My Commission Expires Jan.31,2noo 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 5 of 5