HomeMy WebLinkAboutRes 4983 /4 0.11,
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�i411"4. . . G RESOLUTION OF THE CITY COUNCIL
ikES110' NO. 4983
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.24 SUBDIVISION 5B
FILE NO. 03-2892
WHEREAS, Daniel A. Bartus (hereinafter "the applicant") is the owner of the
property located at 1001 Wildhurst Trail within the City of Orono(hereinafter the"City")and legally
described as follows:
The East '/2 of Lots 1 to 8 inclusive, Block 4, Mount Home Park, Hennepin County,
Minnesota; and
That part of the southerly 220 feet of the West %2 of Lots 3, 4, 5, 6, 7, and 8 lying
Northeasterly of the following described line: Commencing at a point in the center of the
South line of Lot 8;thence to a point on the West line of Lot 3,said point measured 220 feet
North from the South line of Block 4, in Mount Home Park; and
That part of Vacated Grandview Place which lies easterly of the easterly line of Block 4,
Mount Home Park,South of the easterly extension of the northerly line of Lot 1,said Block
4,Mount Home Park,and northerly of the easterly extension of the South line of Lot 8,said
Block 4,Mount Home Park.
(hereinafter the "property"); and
WHEREAS,the applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 10.24 Subdivision 5B to allow construction of a new
residence to replace a pre-existing residence on a lot 105' in width in the LR-1B Zoning District
where a 140' minimum lot width is required.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#03-2892.
2. The property is located in the LR-1B Lakeshore Residential Zoning District,which
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.4s,4 '�c�!,�1,jf►"'�!- �G RESOLUTION OF THE CITY COUNCIL
` 10ESYi0g' NO. 4 9 8 3
requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot
contains 0.86 acres in area, meeting the 80% rule of Section 10.03, Subd. 6(A)(l),
for existing lots of record, but is only 105' in width at the rear of the front yard, not
meeting the 80%rule noted above.
3. The Planning Commission reviewed this application at a public hearing held on
May 19, 2003 and recommended approval of the lot width variance based on the
following findings:
a) The property contained an existing residence structure and detached garage,
which have been recently removed by the applicant in order to construct a new
residence on the property.
b) The property is provided with municipal sewer.
c) The lot area of 0.86 acres is sufficient to allow reconstruction on the site,
where a residence has previously existed for many years,without the need for
further variances.
d) There is no land available for acquisition by the applicant to bring the lot into
conformity.
4. 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 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
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.
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CITY of ORONO
'� 'A „.„
tly RESOLUTION OF THE CITY COUNCIL`9.1ES1NO.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby grants
a variance to Orono Municipal Zoning Code Section 10.24 Subdivision 5B to allow construction of
a new residence to replace a pre-existing residence on a 105'wide lot in the LR-1B Zoning District
where a 140' lot width is required, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant and annotated by City
staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are
not in conformity with City codes will require further Planning Commission and City Council
review.
2. Authorities granted by this resolution run with the property not with the applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance will expire on
that date (May 27, 2004).
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 the applicant and the applicant's 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 27th day of May, 2003.
ATTEST:
Linda S. Vee, City lb Barbara A. Peterson, Mayor
•
1161..
Pr.perty Owner(s)(
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4OAt
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CITY of ORONO
IAC� , ii .) '0'. 1/4 G~ RESOLUTION OF THE CITY COUNCIL
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NO. 4 9 8 3
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this , 1 day of M 2003
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
C. ue*41
,4:::::.,:,* mi co::�J Exp,res Jcr..3� ;r:J7 Not Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this day of/.9/)ci,y ,2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
.tom. , RACHEL DODGE i � � l
NOTARY PUBLIC-M NN_"OTA '/--6 _l(� CC'cC
t. i.:y Commission Expires Jan.:I,2005 4. Notary Public cJ
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I. 0.4?
( O \ O0.- CITY of ORONO
/4, �\ �` titi
' ► +.�►.,. G RESOLUTION OF THE CITY COUNCIL
�`4 CESII0g� NO. 4 9 8 3
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this ,;?Q day of .oc.t' , 2003, __
o,n ie-1 0 . &''-r 47v5 , 5 t'/N9 L.
personally appeared before me,
who is personally known to me
.,/ whose identity I proved on the basis of N_Ak L
whose identity I proved on the oath/affirmation of
a credible witness '
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same
as his/her/their free act and deed.
/ .
l./�ori/111.-_i-r✓If✓
\ '� DENISE M.LESKINEN
' , q. NOTARY PUBLIC-MINNESOTA q G� i'
My Commission Expires Jan.31,2005 Notary Public
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CERTIFICATE OF SURVEY FOR ERR
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NANCY ELL . .
94.42 --._
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IN BLOCK 4, MOUNT HOME PARK A ( )/
HENNEPIN COUNTY, MINNESOTA•
•
DEEN
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` I I I 1 LOT 1,LIOO(4
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WEST LIC or ti
• EAST I/2 CC LOTS....... Cn
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WEST LIE Of LOT 3, .1 I %...„1 `'•-
�r IST 1 � •._.�.. ��- N 89°39' 11" E 64.76..\
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ACJ 52.0 • L-J • L,_J
!1 I _ 1.: SOREEN GL .? i
(PORCH -PROPOSED
LEGAL DESCRIPTION OF PREMISES : 1. HOUSE •
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GRAVEL q IL-Ji
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The East 1/2 of Lot 1 to 8 inclusive, . \ o I q o _ . I LLJ LLJ
"-S \ EXISTING - t2.54+ 17.0 - i•---
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Block 4, Mount Home Park, and o t'
CJS D IVEW Y `I I STOOP I
That port of the Southerly 220 feet of the 9 /Y 10 I2 ao.o �y=1 �_�,
of the West 1/2 of Lots 3, 4, 5, 6, 7, and 8 >•4 LD �_.. '' 1
I ,— 4..,` W `�.
lying Northeasterly of the following described i- �(; '' I -
line : Commencing at a point in the center ,' �PROPCGED"-""" a
of iho Cn11th Zino of Lot 8; thence to a -' - t--�_-- � T
i I N
point on the West line of Lot 3, said point o ; off. I ee
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measured 220 feet North from the South `� S o
N -, to (V \ 09)• ��� 1/)
line of Block 4, in Mound Home Park. h
.\ 1 -, /.' )1 // EASTERLY LK Or
L. 1 I r�y ••••• P WOO
and that port of Vacated Grandview Place \
which lies easterly of the easterly line of \ ;••250' SETBACK LINE
Block 4, Mount Home Park, South of the ` I
easterly extension of the northerly line of
.I '''- N.,)s,
Lot 1, said Block 4, Mount Home Pork, and N zso',Sooso?o
northerly of the easterly extension of the 0 • \
South line of Lot 8, said Block 4, Mount Q' ONe. n
Home Park. ' •U'\ 7 \
o denotes iron marker \ _
Bearings shown ore bused -• `
upon on assumed dotum. .
This survey intends to show the boundaries m I •. o 30 J0 ••
of the above described property, the location I -1- SOUTHTXTERLY SEN CCor
LOT 6,ILOCX A.
of an existing garage, and the proposed location y
. LbOLRIT 1,344 PARK
— • TER CF SOUTH
of a proposed house thereon. It does not purport I . I or LOT a.aoac
\ . -' 4. • MAE PA/6(
to show any other improvements or encroachments. `� ff .
""~ S 89°43' 43" W 94.61
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1.014T HOE P/J •
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2 HIGHVIEW LANE 2
DESIGNED REVISION DATE DESCRIPTION f • I HEREBY CERTIFY THAT TWS PLAN, SPECIFICATION, OR REPORT SCALE
'•,. I�O'�BERG & ASSOCIATES, INC. WAS THAT IREPARED BY ME OR UNDER MY DIRECT AlA A DULY LICENSED PROFESSIONAL ENGINEER SUPERVISION
AND LAND 1“..20'URAWN DATE
ECD r
1•Q CONSU.TI C DIMERS,LAND SURVEYORS,SfEE PLAI�PIERS MEM LIXER THE LAWS Cf TIE STATE or HIt1LSOTA. 5-13-03
• 445 N. WILLOW DR. LONG LAKE, MN. 55356• / /
CHECKED Xef-/• .,{1 .,t/1•-e—� JOB NO.
MSG •952-473-4141 DATE 1'/x' '3 IAN LICENSE NUMBER /7 7f 03-207
03-207Z
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