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Home My WebLink AboutRes 5351 RESOLUTION EXPIRED .ctv 0 gel . M'° xhib,-f O O\ =A {0- CITYof ORONO TA., &.'' & 1�, I ti • :, RESOLUTION OF THE CITY COUNCIL ....., ,,...... `9kESIiO�' 10' NO. ,,--i' ,,,: ,-- , .1) . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330(b) FILE NO. 05-3122 WHEREAS,Dan-Bar Homes,Ltd., a Minnesota domestic corporation(hereinafter "the owner") 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 1/2 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 1/2 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, 10Spring Homes,Inc.,a Minnesota domestic corporation(hereinafter the "applicant") in conjunction with the owner has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330(b) 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#05-3122. Page 1 of 5 ‘14)-----60 f; _ CITY of ORONO 1 \\\ 6., ,� � 0,01,,,i ,e. „c.) G� RESOLUTION OF THE CITY COUNCIL �`�kEA.SII�� NO. 5 F I- 2. 2. The property is located in the LR-1B Lakeshore Residential Zoning District,which 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 78-72(b)(1) 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 June 20,2005 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 were removed by the owner in April 2003 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. e) The property was granted this same variance via Resolution No.4983 adopted May 27, 2003 but which variance was never used. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner,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 and owner, but is necessary to alleviate a demonstrable hardship or Page 2 of 5 ‘?. 0 0 0 =A CITY of ORONO \' � i�� RESOLUTION OF THE CITY COUNCIL �f ','� 4, 5 3 5 1 `9kESH0� NO. difficulty; is necessary to preserve a substantial property right of the owner and applicant; 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 one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330(b) 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 owner 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 or owner, but are permissive only and must be exercised by obtaining a building penult for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 11, 2006). 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 and owner have read,understood and hereby agree to the terms of this resolution and on behalf of the applicant, the owner, and the applicant's and owner's heirs, successors and assigns,hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 .41 6Vit) 0 --�:;, - CITY of ORONO ,a 'gid, A., r.,. • ,.� I1301)110*' ,�;f i� , G k'ESI'1� iti RESOLUTION OF THE CITY COUNCIL �i kd! v' NO. 535 1 Adopted by the Orono City Council on this 11th day of July, 2005. ATTEST: , , OPos**-„ inda S. Vee, City - - k Barbara A. Peterson, Mayor , ''‘, lib, (V?) sj(gr Dan-Bar Hom: .) r 10 'ng Homes, Inc.) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisi day of � ,2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. `4". AC0. IELYNM.YO4NG e � Notaryt'�°hlic-Minnesota STATE OF MINNESOTAr::j My Commission Expires Jan 31,2010 COUNTY OF HENNEPIN v t. The foregoing instrument was acknowledged before me on this l` day of -/ ,2005 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. ti �: RACHEL DODGE ti NOTARY PUBLIC-MINNESOTA .,-. " My Commission Expires Jan.31,2010 S Notary Public Page 4 of 5 ev 0 =A. CITYofORONO A., �� 1�. ,,A,t�+� A Gt, RESOLUTION OF THE CITY COUNCIL 01) � eta ,6 1 `1kESI3O4 NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknodged before me this 1 day of �,.x-pt.,. :-,-,kx; 2005, by •j, A. .`c t 1"Xg-t--1,-Lathe ,"''_ , of Dan-Bar Homes, Ltd, a Minnesota domestic corporation, on behalf of the corporation. !!!lJJJJIJJIJ!!!!!!Jlll!!!!!t RACHEL DODGE '` ` NOTARY PUBLIC-MINNESOTA •_ �. ,.�_�_ h /t_ -CL (\( � r` re My Commission Expires Jan.31,2010 S Y!lJJJJlJ!!!!!JJ!!lJIJJJlJ!!J_ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7' day of Sep/ Iec-1 2005, by Joint e ,eOSeicZu-.tot, the VICe 4eS/0/ f l OSpring Homes, Inc., a Minnesota domestic corporation, on behalf of the corporation. 1 „- F',AREARA G. SILUSQ - Notary Public My Commission Expires J-_-.1.:,i,2;33 Page 5 of 5