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Home My WebLink AboutResolution 5422• • • Iff CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5422 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 05-3159 WHEREAS, Frederick A. Johnson, a single person, (hereinafter "the owner") is the owner of the property located at 4017 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: All that part of Lot 4, lying Northwesterly of a line drawn from a point in the Northerly line of said lot, distant 30.5 feet Northwesterly, measured along said line from the Northeasterly corner of said Lot to the Southwesterly corner of said Lot and Lots 5 and 6, "Highwood Lake Minnetonka", Hennepin County, Minnesota; also known as PINS No. 07-117-23 44 0005 (hereinafter the "property"); and WHEREAS, Todd J. Knutson (hereinafter "the applicant") on behalf of the owner, has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to allow construction of a new single family residence on a lot 0.63 acres in area where 1.0 acres in area is normally required, and 102'-111' in width where a lot width of 140' is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3159. 2. The property is located in the LR -1B One Family Lakeshore Residential Zoning District, which requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot contains 0.63 acres in area, and is 102' feet in width at the shoreline and 111' in width at the 75' lakeshore setback line. 3. The Orono Planning Commission reviewed this application at a public hearing held on January 17, 2006 and recommended approval of the area and width variances based on the following findings: Page 1 of 5 • • a) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5422 The property contains an existing residence structure and detached garage. The property is provided with municipal sewer. C) The lot area of 0.63 acres and width of 102'-111' is sufficient to allow construction of a new residence on the site, where a residence has previously existed for many years, without the need for further variances. Applicant has submitted building plans as well as a site plan dated 1-17-06 and grading and drainage plans that confirm a new residence and detached garage meeting all setback, average setback, hardcover, lot coverage, height and other standards of the LR-lA District can be constructed on the property. d) There is no land available for acquisition by the applicant to bring the lot into conformity. e) The proposal includes a 750 s.f. garage that is considered as detached, because its connection to the house via a tunnel is entirely below grade. Approval of this variance request should be subject to a condition that no aboveground connection between the house and garage can ever be made, because an above -ground connection would make the garage attached, in which case both the house and garage would have to meet a 35' street setback. 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 variances on the health, safety and welfare of the community. 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 applicant and owner, but are necessary to alleviate a demonstrable hardship or difficulty; are 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. Page 2 of 5 • CITY of ORONO v� RESOLUTION OF THE CITY COUNCIL NO. 54 22 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 to allow construction of a new single family residence on a lot 0.63 acres in area where 1.0 acres in area is normally required, and 102'-111' in width where a lot width of 140' is normally required, subject to the following conditions: 1. Council approval is based on the site plan dated 1-17-06 and grading & drainage plans submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the above noted plans which are not in conformity with City codes will require further City Council review. 2. No aboveground connection of structure between the house and garage shall be allowed, because an above -ground connection would make the garage attached to the principal structure, in which case both the house and garage would become non -conforming with regards to the required 35' principal structure street setback. 3. 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 (February 13, 2007). 4. 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. 5. 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. Page 3 of 5 n LJ • ATTEST: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5422 Adopted by the Orono City Council on this 13th day of February, 2006. Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this Jay of G�&&/, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public t. The foregoing instrument was acknowledged before me on this e9 day ofke.1-v , 2006 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. `- -C-4 Notary Public Page 4 of 5 • • 1'�� CITY of ORONO v� RESOLUTION OF THE CITY COUNCIL NO. 54 22 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this -y day of &ri 2006 by Frederick A. Johnson, a single person. DENISE M. LESKINEN NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Notary Public Page 5 of 5 EXHIBIT A RESOLUTION NO. 5422 1 I I . 1 I I 1 1 I I I I I I I I I