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Home My WebLink AboutResolution 4873 h. J • I O� • O �. O. -� l .� CITY of ORONO �j , ` �-tl.;. � '�,� ' ' C'~ti RESOLUTION OF THE CITY COUNC�L L`4k'ESf1�g'� NO. � � °� � A RESOLUTION GRANTING VARIANCES TO MLT1vICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) , FILE N0.02-2827 WHEREAS, Sven Gustafson, (hereinafter "the applicant") is the owner of the property located at 4515 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 8,Bergquist's Addition to Saga Hill,Hennepin County,Minnesota,(hereinafter ��.�e property,�� and = . , - , WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a.54 acre lot where 1 acre is required and on a lot that is 55'wide where 140' is required in the LR-1B district. • 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 a public hearing on Septemb�er 16,2002,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 Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2827. . 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately .54 acres. � 3. The Orono Planning Commission reviewed this application on September 16,2002 and recommended approval of the proposed variance based upon the following findings: � A. The property has been developed with a residential use since the early 1950's. . B. The site plan indicates the proposed setback 10'to the side property lines,30' Page 1 of 6 r � O� • O O � CITY of ORONO , � � �� ti RESOLUTION OF THE CITY COUNCIL �L`�kESII�4�G NO. 4 � `� c� � to the rear property line which meet the minimum requirements of the LR-1B zoning district. The proposed development conforms to setback requirements as well as lot coverage and hardcover requirements. � C. The lot was platted prior to current zoning requirements. D. There is no additional land to combine with the property. E. The properties on either side of subject property are undersized and a � majority of developed lots in the neighborhood do not meet the required area or width in the zoning district. The lot size is consistent with other developed lots in the neighborhood. F. Drainage concerns expressed by the neighboring property owner can be addressed through suitable drainage and grading plan. • G. Because the adj acent lot to the west is vacant but will be built on in the future, average lakeshore setback line for this property shall be defined by the homes at 4495 and 4545 North.Shore Drive. Proper sequencing of permits is necessary to preserve this average lakeshore setback. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generallyto other property in this zoning district;that granting the variance 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 applicant, 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 Plari of the �Ci�Y �- 5. 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 effect of the proposed variances on the health, safety and welfare of the community. � � � . Page 2 of 6 , � � O� � • O O . � r CITY of ORONO � , � ,: � �� ti : �'� �'�' RESOLUTION OF THE CITY COUNCI L L�kESfI�4� NO. � � � o� CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a .54 acre lot where 1 acre is required and on a lot that is 55' wide where 140' is required in the LR-1B district. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants�attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. To establish average lakeshore setback, a demolition permit for the existing residence at 4515 North Shore Drive shall be issued prior to issuance of a building permit for subject property and building pernut for 4525 North Shore Drive. � 3. Authorities granted by this variance run with the property not with the applicant, 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 (October 14, 2003). 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 automaticallyterminate any authority granted herein, and shall be punishable as a misdemeanor. . 5. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees 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 14th day of October, 2002. � . � Page 3 of 6 � o.�,. � • � �� _ � . �. CITY of ORONO ,� .: .,.. �, �� t G'�' RESOLUTION OF THE CITY COUNCIL L`�kEsKOg'� No. 4 II �' � ATTEST: s .��,�� '' Lin S. e City Clerk Barbara A. Peterson,Mayor P e e (s) " STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 14th day of October,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . , , (��!��e�-� 1,�a�tivvt,�l0,1�wclCJ7_ Notary Public ALISS�A A.WINTERNHEIMER STATE OF MINNESOTA Norutt'�suc.MlNNfSOTA COLTNTY OF HENNEPIN ��Pj�s Jan.31,2oos s ....�...�-� .�_. _ _. ..�. The foregoing instrument was acknowledged before me on this �3 �ay of October, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instniment was executed on behalf of the City. . �� 0��2� ��r�.±�r:_ RACHELDODGE NotaryPublic �. �. ' � ^='� NOTARY PUBUC.MINNE^OTA -�;..� �'�Y�+nmfssion Exp(res Jan.31.2JL�5 ' =�..:�. ., , • Page4of6 J � O� • O Y: O , � CITY of ORONO � � � ..,f � �� G�' R�ESOLUTION OF THE CITY COUNCI L �`9kESI3�g'� � NO. � � °7 � STATE OF MINNESOTA COUNTY OF HENNEPIN 2003 On this��day of ,�\...r ,�96� SV�Y1 �us�-Ps art 5��personally appeared before me, . � : who is personally known to me �`whose identity I proved on the,basis of �� Z- 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. DENISE M.LESKINEN �� ,, ,_ NOTARY PUBLIC-MINNESOTA NOt�PUUIIC :,�; My Commiss3cn Expires Jan.31,2�C5 • STA COUNTY OF HENNEPIN On this day of , 2002, 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 instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public � . _ Page 5 of 6 . ' . Exhibit A � � � � . . � . : . , � ...............:...........................................................:...�................................................................... ...................................�........................ .........: � . NORTH � SHORE.. � �DRIVE. : I 4 g 7 � . , ,� . . S 84°50'38" W � 197.�1 arru►,m�uos cuas . � _ (^�J _ -ati— ---: . �' � o� _�. �P � • 'V� �DI T�FNtE y }1J Fi�i i�l1M .6� ' ' : f iiJ �Li O�Q O . � aow�r�s ' 1°� � . 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