HomeMy WebLinkAbout#2457 Unrecorded Resolution 4273r
RESOLUTION. OF THE,,�ITY COUNCIL
N0. , y'
A RESOLUTION GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10,22, SUBDIVISIONS 1 AND 2
AND SECTION 10,56, SUBDIVISION (L) (1&2)
FILE #2457
WHEREAS, David Lindberg and Paula Lindberg (hereinafter "the applicants")
are owners of the property located at 1392 Baldur Park Road within the City of Orono .
(hereinafter "City") and legally described as follows:
Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held public hearings on February 16, 1999, March 15, 1999, and April 19, 1999,
at which times all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision (L) (1&2)
to permit hardcover for a driveway in the southerly 0-75' setback and new construction of a
house in the 75-250' setback where 3,797.5 sq. ft. (25%) hardcover is allowed where 4,556 sq.
ft. (30%) is proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
1. This application was reviewed as Zoning File #2457.
2. The property is located in the LR-IC Zoning District, where 1/2 acre is the
minimum lot area. The property consists of .729 acres or 31,760 sq. ft.
3. The Planning Commission reviewed this application on April 19, 1999, and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact
RESOLUTION OF THE CITY COUNCILWe
A. The property conforms to the minimum lot width at the 75' setback,
where 100' is required and 113' exists.
B. The proposed new construction removes hardcover in the northerly and
southerly 0-75' setbacks.
C. The proposed plan reduces the total amount of hardcover on site.
D. The proposed plan meets the average Lakeshore, Lakeshore, and side yard
setbacks.
E. The proposed plan conforms to the structural lot coverage requirement.
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 applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
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 10.22, Subdivisions 1 and 2 and Section
10.56, Subdivision (L) (1&2) to permit construction of a new residence with hardcover in the
southerly 0-75' setback at 8.7% where none is allowed and 30% in the 75-250' setback where
25% is allowed. Approval was subject to the following conditions:
10
Applicants are advised that any changes to the plan dated January 20, 1999 and
most revised April 5, 1999 by Coffin & Gronberg, Inc. will require
reconsideration by the City Council.
1'
ai
RESOLUTION OF THE CITY COUNCIL
NO. -
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (April 26, 2000).
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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their 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 this 26th day of April, 1999.
ATTEST:
Linda S. Vee, City Clerk
Property Owners)
STATE OF MINNESOTA )
ss,
COUNTY OF HENNEPIN )
Gabr%1 Jabbour, Mayor
The foregoing instrument was acknowledged before me on this 26th day of April,
1999, by Gabriel Jabbour &Linda S. Vee, Mayor &City Clerk of the City of Orono, a
1VIinnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
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VW
U �O
MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of
RESOLUTION OF THE CITY COUNCIL
199_ before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
nstrument
i, and
199_ before me a Notary Public within
NOTARY PUBLIC
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