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Home My WebLink AboutResolution 4930 . f : �_ i �' _ . � O� O O . • � �. ^ CITY of OROND ,� � .,. � � ti �',� G'�' RESOLUTION OF THE CITY COUNCIL• �`�kEsKO�`'� � No. 4 � 3 0 �A RESOLUTION GRANTING A VAI2IANCE � TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; � SECTION 10.56, SUBDIVISION 16 (L)(1); ' � SECTION 10.56, SUBDIVISION 16 (�(2); AND � SECTION 10.56, SUBDIVISION 16 (.n(3) FILE NO. 03-2868 .. WHEREAS,the Whitman Real Estate Partnership,(hereinafter"the applicants")are the owners of the property located at 1580 Sixth Avenue N, within the City of Orono (hereinafter "the City") and legally described as follows: Tract D, Registered Land Survey No. 1418, files of Registrar of Titles, Hennepin County, Minnesota, (hereinafter "the property"); and ' WHEREAS,the applicants have applied to the City for variances to Municipal ' • Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (L)(1); Section 10.56, Subdivision 16 (J)(2) and Section 10.56, Subdivision 16 (J)(3)to construct a 125 s.f. driveway . and pad, located 50' south of the centerline of Long Lake Creek where no hardcover is permitted, and grading, filling or excavating of more than 10 cubic yards within 75' of the Creek where none is permitted,to serve as the access to a future home in the RR-1B zonin�district; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Planning � Commission held a public hearing on February 19, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. - NOW, THEREFORE, BE IT RESOLVED by the City Cotmcil of Orono, Minnesota: ' � . FINDINGS � 1. This application was reviewed as Zoning File#03-2868. . 2. The property is located in the RR-1B Zonin;District,�vhere 2 acres is the minimum � required lot area. The property consists of approximately 4.21 acres. • Page 1 of 5 I � O� O O � '��3 .� CITY of ORONO - ,� ., �, - ;. ti �',� G'�' RESOLUTION OF THE CITY COUNCIL ' ��kESII�g'� N O. � � � � . 3. The Orono Planning Commission reviewed this application on February 19, 2003 � and recommended approval by a vote of 6 to 0. . 4. The Planning Commission made the following findings of fact: � A. The lot was created in 1976 and is permitted to have one access; B. The minimal amount of frontage on Tract E requires that the access be located close to the tributary on Sixth Avenue N; C. The safest location for access to tHe lot is as far away from Sixth Avenue N as possible; and ' D. The construction of the access will create minimal disruption of the land and should not negatively impact the tributary. 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 � variances will 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 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 variances 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,Subdivision 2;Section 10.56,Subdivision 16(L)(1);Section 10.56, Subdivision 16 (J)(2) and Section 10.56, Subdivision 16 (J)(3) to construct a 125 s.f. . driveway and pad, located 50' south of the centerline of Long Lake Creek where no hardcover is permitted, and grading, filling or excavating of more than 10 cubic yards within 75' of the Creek where none is permitted,to serve as the access to a future home.Approval is subject to the followin� � f5 Page 2 0 � °� - � � 0 0 . _ i �_� y � � . . - CITY of ORONU ,� .,.;.. �, . �,� I � ��' �ti�' , . -> ,RESOLUTION OF THE CITY COUNC�L �`9kESH.�g'� : . NO. + � � � � 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. Approval is subject to the following: a) A 15"culvert must be located underneath the driveway pad; b) A grading permit application shall be made with the City for no more than the grading and filling necessary to construct a 25' x 25' driveway pad; c) Erosion control measures should be installed, inspected and approved by the City prior to any construction activity; . d) The applicant is advised that future driveway construction within 75' of the Creek will require additional fiiture approvals. 3 . 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 these variances will expire on that date (February 24, 2004). � 4 . 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. 5. 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 City Council of the City or Orono,Minnesota at a regular meeting held on the 2�th day of February, 2003. � ATTEST: ' � � � � // , .�� R . �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor . � /i,... operty Owner(s) , � Page 3 of 5 � � � O� O O • �- 1 � CITY of ORONO ,� � � --�.,.. � � � . r H � �� ti RESOLUTION OF THE CITY COUNCIL � �kESfI�4 NO. � � � � . STATE OF MINNESOTA � . � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of February,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ► KRISYi B.AtdDERS�t� , Np1'ARy pl�BLtC-MINNESOTA ' ' My Cotsmia�ion Expires Jao.37,2�0� � No ary Public ..�.� STATE OF MINNESOTA COUNTY OF HENNEPIN ' � iThe foreg�ing instrument was acknowledged before me on this Z a' .' `day of February, 2003 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. � �'`� RACHEL DODGE ��.��- �� j�:;�'�:"�; NpTARY PUELIC-MiNNc,^OTA � " •� - rr.y co�;,�ission E�cpims Jan.91.zoos Notary Public .�.,...�_�_...� ' .�.,_.��^^. _.-�,^�=�. ...,._ ' . STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of o,�. ,2003, ��hn E I�r;�man- o��ou�.a\�o� personally appeared before me, , wh��-M0.� R�a.� �s-t�.-�-c. ParMessh�� vho is personally known to me �/ whose identity I proved on the basis of I�1V 1�C, . � �vhose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. �wa� ° DENISE M.LESKINEN NpTpRy pvg�fC_MINNESOTA • NOt�PUbI1C :��;�::''� �•;ty Comm�ssion Expires Jan.3i,20C� • Pa e4of5 g � , . � O _Y . O O i . '� g � . CITY of ORONO � �, .. . , � - �. � � G~' RESOLUTION OF THE CITY COUNCiL L�kESII04� NO. � � � O . . STATE OF MINNESOTA � COUNTY OF HENNEPIN On this day of � , 2003, personally � � appeared before me, ' who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of � , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. . Notary Public '' • • ' Page 5 of 5 , . . . � � 9 ��kt�v��P� �03-28�8 � � CERTIFICATE OF SURVEY FOR JOHN WHITMAN • OF TRACT D, R.L.S. N0. 1418 HENNEPIN COUNTY, MINNESOTA . .� . � - �ss' " w �1 - �i r i ti . I �� us$ , $$_ . )) � . \ , Crnterfute \ 'of aeek \ y*j � ��o$. . . �$� ` I � U y • � � �� Ti�b \ � E ` �� `1 W � � ��Y $ . �t \ `si. o � �� 00� c�j��,q ' . $ \ s� �� Z�'- . $ ��f "� �• 47 y \` Jo .... s . ..../1.'•• '� � �6�` ti ....,PtO�xe yruvel � •�i . 4?�` • Co�,, � . � � � ,��°J r.yi °o�\ �y'�y� � �e�o ` . S��ro' 19 6g psi '�,�♦ �" W j''t. �' S8� �y taL67 6 a �� 5 g2'17 �/, N~ '�s1 �5� �o Ra1391.22 IV�• �—E�' � �6 p�10•32'38" QA Q N 1'�� D° 'f� ��g c o. ,�-2sa.o�—R L�4 • � �� . . e� � 1e~ LEGAL DESCRIPTION OF PREMISES: Troct D, Registered Land Survey No. 14,18, files of Registrar of Titles, Hennepin County, Minnesoto This survey shows the boundaries of the above described property. It does not purport to show cny other improvements or encroachments. o . Iron marker • : Hennepin County riqht-of-woy monument Bearings shown ore based upon en assumed datum LOT AREA EXCLUDCIC C0.R0.N0. 6=4.21+-ACRES . 0-75 tt �etback zona • 20,120+-SQ.FT. Driveway pad � 125+-SQ. FT. 0 0.62� hardeover 75-250 aatback zone �114010+-SQ.FT. 250-500 cetback zonen49J95+-SQ.FT.. • � I hceby eerli(y U,at Iha srvey ros prepered Ey me ar u�dei my 6�ect aQer- Sca�E � GRONBERG�ASSOCIATES,INC. Y��t I an a dly reqstered Civ�l Enga�eer ad Lmd Sweya uder �"=�ao' J � ��0��.��R� the bws o(lhe Stole oI N'unesota onTE �� 1/24/03 `;� � 445 R M11A1'faYE ' LflC LN�fH 55356 ,ice r+o. �C+ � ssz-��4t 1��.�!�.G�.. � os—o2� o -- � � . u�ak s.Grar�ber AfuV,esotu Lk e Numeer 1s7ss �