HomeMy WebLinkAboutResolution 2032« * •• •5206864
City of ORONO
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2032 7;^.?- rD
JAM 3 1907
A RBSOLOnOM GRANTING
A VARIANCE TO
MINICIPAL SONING CGON
SBCTIOH 10.24, SUBDIVISION 5
PILB *1051
HENNfHN CCfUNTY
DY..
CfUNmd^N
DHDEWTY
^ c ■
_ WHBRBAS, Ronald Glesne (hereinafter "the applicant") Is the ot#ner
of the property located at 1475 Cherry Place within the CltJ of
(hereinafter "City") and legally described as follows: ^
9, and that part of Lot 7, lying Southerly of a line
Sf Westerly from the midpoint
“”i'a L^tV/Block 5^‘cr°y",f.l ‘S:y"v ‘?|;.‘"\oclt^S?
siStheJlt half of Cherry Avenue vacated’lyingSoutherly of the Easterly extension of said "Lino A", and Northerly of
cAiK* ^he Southeast corner of said Lot 9 Easterly to^the
aceojdfj^ Blocic 4, All in "Crystal Ba/ View",
Ik *"b® thereof on file or of record in the
Deeds in and for said Hennepin County,
i ®®“^h 125 feet of the North 250 feet of the South
hot 5, Section 7, Township 117,
^ V®® hhe center line of the County R^ad as
Ihown*^oS Jhl hhe East line of said Section 7 and as
J??perty")? tnd Highwood, Lake Minnetonica, (hereinafter "the
applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.24, Subdivision 5 (B) to oermlf-
aSn^rrVorVllt ®"/ property containing 0.64 acres where 1.0
mSSTiiJ reS!?r.idJ reiulr.a, .nd of width 125 feet where 140 feet width 1.
Minnesota:NON, TBBRBPORB, BB IT RBSOLVBD by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning Pile #1051.
R;.ld.'’„tl?ri"iX,*B*i.i?!k‘.*'’ '““S' Lekeehor.
21 Commission reviewed this application on July
ti; JoSl’owln, »PO"
Page 1 of 4
« * •• •5206864
City of ORONO
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2032 7;^.?- rD
JAM 3 1907
A RBSOLOnOM GRANTING
A VARIANCE TO
MINICIPAL SONING CGON
SBCTIOH 10.24, SUBDIVISION 5
PILB *1051
HENNfHN CCfUNTY
DY..
CfUNmd^N
DHDEWTY
^ c ■
_ WHBRBAS, Ronald Glesne (hereinafter "the applicant") Is the ot#ner
of the property located at 1475 Cherry Place within the CltJ of
(hereinafter "City") and legally described as follows: ^
9, and that part of Lot 7, lying Southerly of a line
Sf Westerly from the midpoint
“”i'a L^tV/Block 5^‘cr°y",f.l ‘S:y"v ‘?|;.‘"\oclt^S?
siStheJlt half of Cherry Avenue vacated’lyingSoutherly of the Easterly extension of said "Lino A", and Northerly of
cAiK* ^he Southeast corner of said Lot 9 Easterly to^the
aceojdfj^ Blocic 4, All in "Crystal Ba/ View",
Ik *"b® thereof on file or of record in the
Deeds in and for said Hennepin County,
i ®®“^h 125 feet of the North 250 feet of the South
hot 5, Section 7, Township 117,
^ V®® hhe center line of the County R^ad as
Ihown*^oS Jhl hhe East line of said Section 7 and as
J??perty")? tnd Highwood, Lake Minnetonica, (hereinafter "the
applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.24, Subdivision 5 (B) to oermlf-
aSn^rrVorVllt ®"/ property containing 0.64 acres where 1.0
mSSTiiJ reS!?r.idJ reiulr.a, .nd of width 125 feet where 140 feet width 1.
Minnesota:NON, TBBRBPORB, BB IT RBSOLVBD by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning Pile #1051.
R;.ld.'’„tl?ri"iX,*B*i.i?!k‘.*'’ '““S' Lekeehor.
21 Commission reviewed this application on July
ti; JoSl’owln, »PO"
Page 1 of 4
iMi
f
City of OliOINO
OF
ORON
RESOLUTION OF THE CITY COUNCIL
NO. 2032_________
This lot was created and approved as a buildable lot by the
y Council in 1971, in effect granting a variance to the 1 acre
zoning code in effect at that time. That variance is deemed to
have expired as of the January 1, 1975 zoning code, necessitating
granting of a renewal variance at the present.
B) The lot area and width is consistent with existing developed
lots in the immediate neighborhood, and is not inconsistent with
other lots currently developed within the LR-IB zoning district.
C) The lot has remained as a separate tax parcel since it was
created.
D) Sewer is available to the property. However, the sewer unit
assessment has never been paid.
E) The property has legal access to County Road 151 (North Arm
Drive) and potential secondary access over vacated and unvacated
portions of Cherry Place.
4. A rear lot line setback minimum of 50' rather than 30', for the
principal residence would ensure an adequate degree of setback
consistency with other existing houses in the immediate neighborhood.
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.
6. 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 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 demon
strable 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.
C0MCL08I0MS, ORDER AMD C0HDITI0H8
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5
(B) to permit the construction of a residence on a property containing 0.64
acre area and 125 foot width where 1.0 acre area and 140 foot width are
normally required, subject to the following conditions:
1. A sewer unit assessment of $1,270.00, standard $225.00 Sewer Trunk
Unit Charge, and $390.00 Park Fee shall be collected at the time a
building permit is issued for this property.
Page 2 of 4
mm
“l;
city of ORONO
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2032__________
2. Total hardcover on the property shall not exceed 30% or
approximately 8»350 s.f.
3. Access to the property shall be via Cherry Place and vacated
Cherry Place over easements granted by the applicant and adjoining
property owners.
4. The east lot line of this property coincides with the center line
of vacated Cherry Place and shall be considered the front lot line. A
front lot line setback of 50* shall be required for the principal
structure on this property. No accessory structures may be located in
the front yard.
5. The west lot line of this property, coinciding with the right-of-
way line of County Road 151, shall be considered as the rear lot line.
A special rear lot line setback of 35* shall be required for all
principal or accessory structures on the property.
6. Authorities granted by this variance run with the property not
with the applicant, but are permissive only and nvist 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 (August
11, 1987).
7. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the coning
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
resolwtion tlie chain of title of the property.
' the Orono City Council on this 11th day of August,
Mary C.^utler, Mayor
Page 3 of 4 ^y^TZCiX.J
m
city of OROINO
RESOLUTION OF THE CITY COUNCIL
NO. 2032_________
ORONO
STATE OF MINNESOTA )
) S8.
COUNTY OF HENNEPIN )
On this day of 1986
before me a Notary Public within and for said county, personally
appeared CZ^KJtoi^ known to me to be
i(s) described in and who executed the foregoingthe person(s)described
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
I-NOTARY PUBLIC
J^g/g //, /fS7
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)88.
COUNTY OF HENNEPIN )
On this day of S^T 1986, before me
a Notary Public within and for said County, pi^sonally appeared
A ■ __________ known to me to be the
personTsl iesc^^d ^n an9' who executed the foregoing instrument.
and acknowledged that he (they) executed the same as
(their) free act and deed.
his
NOTARY PUBLIC
l/UUff // /987
MY COMMISSION EXPIRES
Page 4 of 4
mm
city of OR.ONO
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO._i!!i__
STATE OF MINNESOTA )
) 88.
COUNTY OP HENNEPIN )
On thl8 day of A.^ , ___________________ . - - - --__________________, 1986
bafore me a Notary Public within andfor aaid county^ personally
appearedL . ^cottiA 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.
MICHAEL P. OAFFRO.W
SOrMV MMUe • MMNtSOTA
HENNEPIN COUNTY
RrOMMlHlMavtMiJHMtl. 1M7 j
4cU2/^jLy
NOTARY PUBLIC y/
//a /9e>i
MY C0MMISS70N EXPIRES
STATE OP MINNESOTA }
)ss.
COUNTY OF HENNEPIN )
On this day of 1966# 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
MY COMMISSION EXPIRES
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