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Home My WebLink About#4667 - variances � � �_._�� ,� /!�, O,�.�� O O��,, b - , � �i CITY of ORONO � � ;, �� G�� RESOLUTION OF THE CITY COUNCIL �\kESH�j� NO. 4 g Q "� — A RESOLL'TIO� GRANTING VARIANCES TO MU\ICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B), SECTIO� 10.22, SUBDIVISION 2, AND SECTIOi� 10.�6, SUBDIVISION 16(L)(2), FILE �'O. #01-2684 �VHEREAS, Teresa A. I�och, (hereinafter "the applicant") is the owner of the property located at�22� Bayview Place«�ithin the City of Orono(hereinafter"the City")and legall}' described as follows: Lot 2�, Wallace's Addition to the�,'illage of Minnetonka Beach, Hennepin County, Nlinnesota (hereinafter "the property"); and �'�'HEREAS,the applicant has applied to the City for variances to�lunicipal Zonin� Code Section 10.2�, Subdivision 6(B)to permit residential construction on a lot that is 50 feet wide ��here 100 feet is required, on a lot that the area is 7,�1� s.£ (.173 acre) «�here 21, 780 s.f. (.5 acre) is required, and Section 10.22, Subdivision 2 and Section 10.56, Subdi�-ision 16(C)(6) to allo�� hardcover in the 7�-2�0' setback zone of 314 s.f. (42%) �vhere 224 s.£ (30%) is allowed to permit additional driveway. WHEREAS, after due published notice and mailed notice in accordance with i�linnesota Statutes and the City of Orono Zonin� and Plannin� Codes, the Orono Plannina Commission held a public hearing on June 18, ?001, at which time all persons desirin� to be heard concernina this application�vere given the opportunity to speak thereon. NO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono, I�linnesota: FINDINGS 1. This application was revie��-ed as Zoning File #O1-268�. 2. The property is located in the LR-1 C ZoninQ District,�vhere .� acres is the minimum Paae 1 of 5 , , , --�� ;%O ,_" ,;� �. % � � � ��\, ��b. - � ;; CITY of ORONO � � �, �� G'�/j RESOLUTtON OF THE CITY COUNCIL ��gES�� N0. � � � `�l _—� required lot area. The property consists of approximately .173 acres or 7,�1� s.f. 3. The Orono PlanninQ Commission revie�ved this application on June 18, 2001 and recommended approval by a vote of 7 to 0. 4. The Plannin� Commission made the followin� findings of fact: A. The property has been developed with a residential use since at least 1900. B. The site plan indicates the proposed setbacks 10' to the side property lines and the house �vould be outside of the 7�' lakeshore setback. The entire house tivould be located approximately��0' from the lakeshore,which meets the intent of the Comprehensive Plan for ne�v structures. C. There is no additional�land to combine with the property. D. The hardcover in the 7�-250' zone ��ill be 31� s.f. (42%) to allow for additional drive�vay. The additional driveway �v�ill allow for off street parkinQ. The ne�v residence will be located closer to the street than existing residence, minimizing driveway hardcover on the lot. E. The existing 10' x 12' shed on the rear of the property w�ill be removed. �. The City Council finds that the conditions e�istin� on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the ��ariance �vill not adversely affect traffic conditions, liaht, air, nor pose a fire hazard or other danQer to neighboring property; would not merely serve as a con�enience to the applicant, but is necessary to alleviate a demonstrable hardship or dirticulty; is necessary to preserve a substantial property riaht of the applicant; and ��ould be in keeping �vith the spirit and intent of the Zonin� Code and Comprehensive Plan of the City. 6. The Citv Council has considered this application includinQ the findinas and reconunendations of the Plannin� Commission, reports by City�Staff, comments by the applicant and the effect of the proposed variance on the health, safety and ��-elfare of the communitv. Page 2 of� S � �_�\ � ' /� O�\ /O O\\� � n, - ',� C ITY of ORONO �, �+I i� ti,� �� G'�/j RESOLUTION OF THE CITY COUNCIL �� `�� rvo. 4 6 6 '� ��s� CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit new residential construction on a lot that is 50 feet wide where 100 feet is required,on a lot that the area is 7,515 s.f. (.173 acre) where 21,780 s.f. (.5 acre) is required, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to allow hardcover in the 75-2�0'setback zone of 314 s.f. (42%)where 224 s.f. (30%) is allowed to permit additional driveway. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. 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 these variances�vill expire on that date (June 25, 2002). 3. 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. 4. The undersigned applicant has read, understood and hereby a�ree to the terms of this resolution and on behalf of herself, her heirs, her 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 or Orono, Minnesota at a regular meeting held on the 25th day of June, 2001. ATTEST: ��%(_!Z � i�—`-�� / :(,'t� ,.� ��L C�LIc�� % �G✓� T�J S ��j'�� F k ci_�_ it-�_ � L�r.�7l'� , 7,-. Barbara A. Peterson, Mayor 1� �'Cj�r /�� .��L Property Owner(s Page 3 of 5 ` ///'O %'� �� ,o � o�, �e. �� Ci ITY O� �RON� � ��, �',� G'�/�� RESOLUTION OF THE CITY COUNCIL �\kESH�� N O. 4 � � �' �-- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledaed before me on this 25th day of June, 2001 by Barbara A. Peterson and L-�rrc�-��ee, Nlayor and Gi� Clerk of the City� of Orono, a Minnesota fi{° �;f Lk.�ti� �� c:t• municipal corporation an said instru�ient was execut�d o�i behalf of the Cin�. �cd.e , --. Nota Public STATE OF �1I�ESOTA ) D�NISE M.LESKINEN ) ss. t�TAR`f PuBUC.�� COLTNTY" OF HENNEPIN ) �+M��"��"�31�� On this 3 r�. day of , 2001, before me a Notary Public within and for said County, personally appear d ,�/� / kno�vn to me to be the person(s)described in and who executed the foregoing instrument,and acl:nowledged that he (the��) executed the same as his (their) free act and d d. �otary Public STATE OF MINi�1ESOTA ) ) ss. DENISE M.LESKINEN COUI�'TY OF HENNEPIN � NOTARYPUBUC-t�9NNESOTA ��Jan.31.2005 .� On this day of , 2001, before me a\otar�� Public within and for said County, personally appeared l:no��n to me to be the person(s) described in and �vho executed the foreQoing instrument, and acl:no�vled�ed that he (the��) e�cecuted the same as his (their) free act and deed. Notary Public Page 4 of�