The URL can be used to link to this page

Home My WebLink AboutResolution 5221 i�i iiii i � ii i iiii iiiii�iiii iiiii i i� iii i ii � � I II IIII I I II I IIII IIIII IIIII IIIII I II III I II Doc No 8540076 03/08/2005 10:08 AM �� iciiiflcu fi�cu aiiCi Ci iECOfu2u Gi� a�.�`iv�c uai2. Office of the County Recorder f'{2iiiiv��`itii LOuiiif, �v�iiiiicSiita Michael H. Cunniff, County Recorder ��puty 1� Trazs�D��'�C Fees �E SC) L. �v�J.�V DCC $4.50 SUR ,c�y�.Z=��" �IU.UU IVJ v ` 1 ��O�Q,.- ��-'2�I� $1.00 COPY yJl7.jU I ULd) � ` � O� �• O O ,� ;. � C ITY of ORONO ti �'�� G~' RESOLUTION OF T�E2CITY COUNCIL �kEsi��4 NO. 2 � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-3040 WHEREAS, Dean Thomas Lundblad and Sherri Jean Strelow-Lundblad, husband and wife (hereinafter "the applicants") have an interest in and Steven R. Benson, a single person, is the owner of the property located at 1290 Arbor Street within the City of Orono (hereinafter the "City") and legally described as follows: Lots 7 & 8, Block 1, Crystal Bay Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a side street setback of 21.2' where a 50' setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3040. 2. The property is located in the RR-1B, One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of the variance based on the following findings: a. The property has 12,809 s.f. (0.29 acre) in area and 100' in width. The property is within the 500' — 1000' shoreland hardcover zone. b. The side street is unimproved right-of-way,has been fenced and currently is being used as parkland for Crystal Bay Playground. Page 1 of 5 . , . � °� __. o 0 C ITY of ORONO a :�. � ti �'�� G'�' RESOLUTION OF TSE�12TY�COUNC�L �kE8I'i�� NO. c. The proposed garage location will have no negative impacts on the parkland or the neighborhood. 4. The City Council has considered this application including the findings and recommendation of the Planning Cominission, reports by City staff, comments by the applicants 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit aild 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 78-420 Subdivision B to allow a side street setback of 21.2' where 50' is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants 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. Hardcover in the 500-1000' zone shall be limited to 4,483 s.f. or 35% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover above the limited amounts or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover above the allowed limits will not likely be approved without concurrent reduction in existing hardcover. Page 2 of 5 _ . � °� _.� o 0 �' ��_.- , CITY of ORONO � -� � � � :�� RESOLUTION OF THE CITY COUNCIL �L�kESH�4�G NO. '� � � � 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their penneability as non-hardcover surfaces. 4. Authorities granted by this resolution nul with the property not with the applicants, but are pennissive only and must be eYercised by obtaining a building perniit for the new constniction within one year of t11e date of Cotmcil approval, or the variance will expire on that date (August 23, 2005). 5. 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 ten�linate any authority granted herein, aud shall be punishable as a misden�eanor. 6. The undersigned applicants have read, understood and hereby agree to the tenlls of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23`�' day of August, 2004. ATTEST: �� - r .• _ . 7 . , , , -- �. ti, •'. ��.P,{� ��li.�"'-7 . ' �''';• � .�: � � ��." t.-�''cic� � � , �f _ _ z � , , ��.-Linda S �e�;:City Clerk Barbara A. Peterson, Mayor :�, ,. ",,,,-�+..�.. �+r ! ' �.:.��--'g�,..._�..�,-.............. Property Owner(s) � �� -�-�� w �. ,�.�..�� Applicant(s) Page 3 of 5 - � °� 0 0 �' � CITY of ORONO �a==- ,� � � �� :�:��:� �� RESOLUTION OF T��I�Y�COUNCIL `�kESH�4 NO. STATE OF MINNESOTA COUNTY OF HENNEPIN r�:,j t `( , t `:�..l� The foregoing instrument was acknowledged before me on this ��d day of X�� gtst, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Miruzesota � municipal corporation and said instruinent was executed on behalf of the City. ; , ; � . . :, ' �. � f�� ry" �:° � ��;, � i a."- ' • � � __ �... , � � �._ - � _,�..:* �. � `.. RACNEL DODGE r Notary Public ' pdOTA'21'PUSUC-A�iN�C'?OTA ;,�Cc�:mks�on E�cpires J�a;: l i,`L."iC? STATE OF MINNESOTA COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this '_ day of `-r `-` � � - , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mimiesota �municipal corporation and said instniment was executed on behalf of tl�e City. .>- ..�;r.�N.�:�::= .. ..��.:�. Pr'`h,��O�Gc , ' � , I ` - ' �?� .�.,,�., , , � ,� , �. , < .:. r.__:_. C-.,, �. ,� r:o?r .��v�u� ti�s�.��.�.�Tn �-- � ---- r{y i;^r,.m;ss�on Expires Jan.a�,2"L' ' Notary Pltblic _ . __ ._._.__.......y'�.�,^�<.;"��.,.._ Pa�e 4 of 5 � � - � °� _ ., o , o -�aa.:- CITY of ORONO � _ � �,� `��/` ' G'�' RESOLUTION OF �E CITY COUNCIL L`q.kE pg'� N O. °�° � � �. SH STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before ine this �day of ��Y , 2004 by Steven R. Benson, a single person. r �+,,n,.�<nn�nnn e STACEY E. RC�L01=S �-!�; NOTARYPUBLIC-MINNESOTA � � HL�:'JEPIN COUNTY .� G�1Y COM6dI5510N EXPIRES 131-2005 Gv� ° � Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before ine this yi day of =�:��r-, 2004 by Sherri Jean Strelow-Lundblad, wife of Dean Thomas Lundblad. , � �; �` DENISE M.LESKINEN %� NOTARY PUBLIC-MINNESOTA / ' , �L;' ', �r;. My Commissw"�p'res J�n'31'2v„5 �,� Notary Public y�,.� ,�.: � ..,u� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this l�i day of �� -�-�6k i , 2004 by Dean Thomas Lundblad, husband of Sherri Jean Strelow-Lundblad. f� /; J / % DENISE M.LESKINEN �� ' �'�° b,,� ,, NOTARY PUBLIC.MMNESOTA �'�i � 'S .e �r��+ssro��v-r��an.31,:cc� Notary Public �,, ��.«<:�:��r..:�--:- __ Page 5 of 5 v r I.._� � .� , �.. .,, .-_ . HENNEPIN COUNTY, MINNESOTA � 50 � (� �rtl v � � p � c� 135.3U CRYSTAL BAY MTKA. � �� _.F. '� S 88°51 ' 00" E 135.60 �ASURED � � � . W ........... ... ....._... '� ❑AD � � � � � � � 38.4 �J W � DRIVEWAY? �0.0 � � dc CONC. � Y To eE : 1000' SETBACK LINE-•••-...._�/ � REMOVED � 7 � � .... .�.. �- � N EXISTING �- M / � � m Q o �.. N HOUSE N g � �� -- o ` } #1290 / � � Q �`�''� �. �s:a''..... �o.o , � � O � U 1 ' ••- rl 38,4 � l(� (y � �� . .— PAVERS o CONCRETE � � O � N QWELL 19.33 ~ ~_ � Q'- �� ---- --__ _—__ �-----�---- — -- Q � - �o , � � PROPOSED STEPPNJ�o o / � � O STONES � � M PROPOSED o o / : � � o DR VEWAYS � GARAGE � tz.2 N d' r- � °' j� .. � �- r� O 19.33 / EXISTWG SHED . � z ...........................:........................... AND CONCRETE•••. Q ; / TO BE REMOVED Q t--� �N � , 50 � :N N 88°43' 50" W 1 19.26 MEASURED � 1 18.9� CRYSTAL BAY MINNETONKA c� � o--* o v � T 0 1 0 \/ F' I�I I I F' °' M