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HomeMy WebLinkAboutResolution 5664 ire 0 0 CITY of ORONO ti RESOLUTION OF Tl�%Ir4COUNCIL 3H0g�G NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 06-3191 WHEREAS, Mark James Fuller, Stacey Michelle Nakaya, and Karen Lynn Feyo (hereinafter"Owners") are the owners of the property located at 4055 Elm Street within the City of Orono (hereinafter "City") and legally described as: Lots 7, 8 and 9, Block 9, Minnetonka Summit Park Hennepin County, Minnesota(hereinafter"the Property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required; and 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 June 18, 2007, at which times 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#06-3191. 2. The property is located in the LR-lB zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is approximately 0.44 acre in area and 120 feet in width. 3. The Planning Commission reviewed this application on June 18, 2007 and on a vote of 5 - 0 recommended approval of the variance, based on the following findings: a. The parcel was created before there were subdivision regulations. Page 1 of 4 0 0 A4 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kESII0 NO. 5 6 6 4 b. There is no adjacent property the applicant could acquire to enlarge the lot. C. There are numerous similarly sized lots with houses in the immediate vicinity of this property. d. The proposed residence is modest in size. Structural lot coverage would be 11 percent when 15 percent is allowed. e. This variance has been approved several times previously. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required, subject to the following conditions: 1. Council approval is based on the site, grading/drainage, and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B and C. Any amendments to these plans may Page 2 of 4 0 0 CITY of ORONO ti �Al �Gti RESOLUTION OF THE CITY COUNCIL `9k ESYi0gNO. 6 6 4 require further Planning Commission and City Council review. 2. The driveway shall be paved. 3. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 4. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before September 24, 2008 or the variance will expire on that date. 5. 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. 6. The undersigned Owners have read, understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24`h day of September, 2007. ATTEST: Linda S. Vee, City Clerk es M. White, Mayor Page 3 of 4 0 0 CITY of ORONO ti RESOLUTION OF TrgljY000NCIL 4 ti 6 SII0 NO. Mark James Fuller Stacey Michelle Nakaya Karen Lynn Feyo STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2007 by Mark James Fuller. ' STATE OF MINNESOTA Notary Public COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2007 by Stacey Michelle Nakaya. ' STATE OF MINNESOTA Notary Public COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2007 by Karen Lynn Feyo. ' Notary Public Page 4 of 4