HomeMy WebLinkAboutResolution 4874�
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B); �
FILE N0.02-2828
WHEREAS, Tony Lund, (hereinafter"the applicant")is the owner of the property
located at"4535"North Shore Drive within the City of Orono (hereinafter"the City") and legally
described as follows:
Lot 9 and %2 adjacent vacated alley, Bergquist's Addition to Saga Hill, Hennepin .
County,Minnesota. (hereinafter"the property"); and �
WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.24,Subdivision 5 (B)to permit new residential construction on a.62 acre lot where
1 acre is required and on a lot that is 65' 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 September 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#02-2828.
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.62 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 lot size is consistent with the sizes of many other developed lots in the
neighborhood. Properties on either side of the applicant's lot are
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undersized and a majority of developed properties in the neighborhoods do
' not meet the required area in the zoning district.
B. The City of Orono does not have a requirement that 2 substandard lots
owned by the same person have to be combined.
C. The site plan indicates the proposed setback 10'to the side property lines,30'
to the rear property line which meet the minimum requirements of the LR-1B
zoning district. The plan meets lot coverage by structures; height and
hardcover requirements.
D. The lot was platted prior to current zoning requirements.
E. The lot has sewer available to it.
• • F. Drainage concerns expressed by the neighboring property owner can be
addressed through suitable drainage and grading plan.
G. Because the adjacent 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 ofpermits 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 generally to 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 Plan of the
City.
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.
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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 .62 acre lot where 1 acre is required and on a lot that is 65' 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 applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. No further variances will be granted for this property.
3. The sewer unit charge of$6,703 shall be paid prior to issuance of building permit
(subj ect to annual amount increase if not paid in 2002).
• 4. To establish avera e lakeshore setback,a buildin ermit for the ro osed residence
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shall be issued only after a demolition permit is issued for 4515 North Shore Drive.
5. 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).
6. 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.
. 7. 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.
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Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the
14th day of October, 2002.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson,Mayor -
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Property Owner(
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. _
,
l�����1 lJ�-- �.,�.,1�(��!��.►�10��_w►�
Notary Public
AUSSA q,WINTERNHEIMER
STATE OF MINNESOTA N���c-MINNESOTA
M1'��nlssbn Expi,ros Jan.31,2006
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this �3�`'� day of October,
2002 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.
a� � ��c�2"1
RACHEL DODGE Notary Public
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�` ...-• NOrTARY PUBUC•NMNNE:OTA
�^y Gorr.m?ssion Exphes Jan.31,2005
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' RESOLUTION OF THE CITY COUNCIL
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. �kESH.04 NO. � � "X �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this/�day of _�o�n�o..ru , 200�,, ����u,, �• ��:�� personally
appeared before me,
who is personally known to me
�"whose identity I proved on the basis of � �L ,
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.
��
DENISE M.LESK�NEN
• STATE OF MINNESOTA N���"����A
��;;,,,. My Cortu�dsslon EnPNes Jan.31,2005
COUNTY OF HENNEPIN _
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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 instrument,and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
Notary Public
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�' LEGAL DESCRIPTION: �' � . �ND HoME �oFb6�l_
.�'�' ' LOTS 8 & 9, AND 1/2 ADJ VACATED ALLEY , �••Q��r'✓ED � sITE P� . �
� BERGQUISTS ADDITION TO SAGA HILL =.5�% �� ' � .
� HENNEPIN COUNTY, MN. • • = AJb,�1.1-?�02 • •
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� ��i� R2ooa. e0°" CERTIFICATE � � �
� °AiE NOV. 15, 2000 °AGE .
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T 1 AY A p.lY REG6TERm LAtD SUNEYOR '
nc uws cF ne srerc oF�sou .6440 FLYING CLOUD DRIVE EDEN PRAIRIE,
: �,,,�R�„��G�.,� � DEVELOP�MENT
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