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Home My WebLink AboutResolution 5351 t �'�- RESOLUTION EXPIRED 'g" Q� — rto �%�:� 0 � • �� a CITY of ORONO � - : � , ti �� G'�' RESOLUTION OF TR�HE�C�ITY� COUNCIL `4kESII04� NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONiNG CODE SECTION 78-330(b) • FILE NO. OS-3122 • WHEREAS,.Dan-Bar Homes,Ltd., a Minnesota domestic coiporatioii(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 Y2 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 8lying 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. � (hereiilafter the "property"); and WHEREAS, l OSpring Homes,Inc.,a Minnesota domestic corporatioi�.(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 �E I'I' RESOLVEI) by the City Council of Orono, Minnesota: � , FINDINGS • 1. This application was reviewed as Zoning File#OS-3122. Page 1 of 5 . _ � °� � � 0 0 � . • �� CITY of ORONO � � . ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kESII.�4 NO. s5 � � �. 2. The property is located in the LR-1B Lakeshore Resideiltial Zoiung District,which requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot � contains 0.86 acres in area,ineeting the 80%ru�e of Section 78-72(b)(1)for existing lots of record,but is only 105'in width at the reax of the front yard,not meeting the SO%rule noted above. J 3. The Planning Commission reviewed this application at a public hearing held on June 20,2005 and recomme�zded approval of the lot width variance based on the following fmdings: a) The property contained an existing residence stntcture and detached garage, which were removed by tlie owner in Apri12003 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 fihe 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 reconunendations of the Plannin� Coinmission, reports by City staff, coirunents by the owner,the applicant and the public,and the effect of the proposed variance on the health, safety aiid 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 neighborin�property;would not merely serve as a convenience to the applicant and owner,but is necessary to alleviate a demoizstrable llardship or Pa�e 2 of 5 � O� O 4 • � � C ITY of ORONO ,� - : - � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI30g'�G NO. � � � 1 difficulty; is necessary to preserve a substantial property right of the own.er and applicaiit; and would be in keepulg with the spirit and intent of the Zoning Code a�id Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby�ants a variance to Orono Municipal Zoning Code Section 78-330(b) to allow coilstruction 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 requ'vred, 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 amendinents to the site plan which are not in confornuty with City codes will require further Planrung 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 permit 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 tlie zoning code;shall autoinatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. . The undersi�ned 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 applicuzt's and owner's heirs, successors and assigns,hereby agree to the recording of tlus resolution u1 the chain of title of the property. � Page 3 of 5 - ��' O 4 • �� g CITY of ORONO � - ; � � , ti ti RESOLUTION OF T�H��T�COUNCIL G e) �`�kESII�4� NO. Adopted by the Orono City Council on this l lth day of July, 2005. . - ATTEST: • s� �. V ' da S. Vee, City lerk� Barbara A. Peterson, Mayor , ' , _ fo Da�.i-Bar Homes, td.' or OS - ' g Homes, Inc.) • STATE OF MINNESOTA COTJNTY OF HENNEPIN The foregoing instrumeiit was acknowledged before me on this�I day of E (i ,2005 by Barbara.A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. � ,�Notary � �JACG��M.;YOUNG . �,';:. �' �ti° IVotary P y��e�hir�i�,Qsota ' F.: . STATE OF MINNESOTA � .^� �Y co�'sr�cxp�re�Jarr3S;zo�o �. ' ";` . COUNTY OF HENNEPIN `";.'': � The foregoing instrument was acl�owledged before me on this��ay of��'2005 by Linda S. Vee, City Clerlc of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. f�A�HEL DODGE ' IVC3fA�tY PUBLIC-MINNESOTA �--�� LQQ • � ��.;,,�:" My�effl(til�gi�n Expires Jan.31,2oto Notary Public Page 4 of 5 � o� � � o 0 i �� 3 CITY of ORONO � ,� - : � . , ti ti � RESOLUTION OF THE CITY COUNCIL ��k'ESH.�4�G NO. b � � �: .,, ,,, STATE OF MINNESOTA COUNTY OF HENNEPIN �Sf This instnu�.ieirt was acknow ged before me tlus day of (�.��1�.�/T2005, by�v�ef �'cz.r�S , the , of Dan-Bar Homes, Ltd, a innesota domestic � corporation, on behalf of the corporation. RACHELDODGE � �yJ ` NOTARY PUBLIC-MINNESOTA � �p�,.�..� �/��'�� ,,,,•: My Commission Expires Jan.31,zoto Notary Public • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7'�'� day of .�iP,A��i 2005, by ✓ILrnPS��+�os��, the Vice �rPJide-.�;'of lOSpringHomes,Inc., aMinnesota domestic corporation, on behalf of the corporation. c ,;�-.;�: , BARBARA G.SILUS `L��GLl� "�` "'' � :'„i�,:YRL?LlC-MINN�SOTA `�` Notary Publi 'j �•d/Co�nm�ion Expires J2n.31,�OUB � . . Pa�e 5 of 5 ;