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Home My WebLink AboutResolution 4882 - d . . � O� • O �•3. ^ O g. CITY of ORONO �� , �er••... � � . � RESOLUTION OF THE CITY COUNCI L � ��`�kESH.�4�G NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZO1vING CODE SECTION 10.24,SUBDIVISION 5 (B) . ' FILE NO. 02-2833 `VHEREAS,G&G Holding Company,Inc.,(hereinafter"the applicant")is owner of � the property located at 1160 Loma Linda Avenue within the City of Orono (hereinafter"the City") and legally described as follows: Lots 14 and 15 Loma Linda, Hennepin County, Minnesota (hereinafter "the properry"); and' WHEREAS, the applicant has applied for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new construction on the property with a defined lot area . of 0.65 acre where 1 acre is required and a lot width of 113' where 140' is required; 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 a public hearing on October 21, 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#02-2833. . 2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. The property is 28,190 s.f. and has a lot width of 113'. 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: � Page 1 of 5 t � �O� O • O \ '�� CITY of ORONO 9 w- � ''�•i.•... � ,i . �� G'�' RESOLUTION OF THE CITY COUNCI L �`�kEsKO4`� rvo. 4 � � � A. The City of Orono has routinely granted variances to lot area and lot�vidth for redevelopment on non-conforming lots in the City. The property does meet the criteria that is normally considered when reviewing such proposals. The property is connected to sanitary sewer and the house would be located in an area above the regulatory flood plain. B. No variances to hardcover, lot coverage or setback standards are required. C. Hennepin County Tax Records indicate,this property has been developed as a . single-family residential property since at least 192�. D. An existing non-conforming shed located in the 0-7�'lakeshore setback shall be removed to bring the property into greater conformity. • 4. The City Council fmds 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�vould 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 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 10.24,Subdivision 5(B)to pernut new construction on the lot with a defined lot area of 0.65 acre where 1 acre is required and a lot�izdth of 113'�vhere 140' is required, per the site plan attached to this resolution as Exhibit A, subject to the following � conditions: • 1. All erosion control measures,as recommended by the City Engineer,shall be in place prior to construction of the new residence. Page 2 of 5 � �� O , - �. � CITY of ORON� � , � ,n.-�. � ti RESOLUTION OF THE CITY COUNCIL � �L`gkES�1�g'�G NO. � � � � . The existing shed within 75' of the lakeshore shall be removed simultaneously with the existing house. 3. Authorities granted by the variances 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 28, 2003). 4. Violation of or non-compliance with any of the terms and conditions of the variances - shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and sha11 be punishable as a misdemeanor. 5. The undersigned owners have read,understand 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 of Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: ` ,� U�-e� ' Linda S. Vee, City Clerk Barbara A. Peterson, Mayor� Y`� . O ficial Representatives of . G&G Holding Company, Inc. � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was esecuted on behalf of the City. � KRISTI B.ANDERSON . ��'� ��—�-- � t�rutv�ueuc-MIHI�SOTA Notary Public 14�►CortrNnion Expi�es Jan.31,2007 � Page 3 of 5 . � o.�,. . . . . , - . . .� . . _ �� o � � � : :: � _� � - � � � . 1 � CITY of ORONO . �� - �;�.� � . . ti �� '�' RESOLUTION OF THE CITY COUNCIL L�kES�I�4� � . NO. � � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this j� � day of . � Novem��e� ,200 2 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. . . . . • � < . - �, . � ' . : . � � . : 'Notary Public ' . .. � . STATE OF MINNESOTA • ' DENISE M.LESKINEN - MOTARY PUBLlC-MINNESOTA COUNTY OF HENNEPIN � My Cam�ssion Expires dan.3�,2005 On this�day of dl.�/y� , 2042,_Cu�/ � G�a�� c. personally • appeared before me, . � . who is personally known to me . ✓whose identity I proved on the basis of (uVl� ��. . 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. . ' _ ; Not STATE OF MINNESOTA . � DENISE M.LESKINEN COUNTY OF HENNEPIN �ora�r�c-t�rtesrn'a . My Cortm�sion Expires Jan.31,2005 On this � day of � , 20 , � 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. i� Notary Public Page 4 of 5 � F$hibit A � . J . . � � • � • • `` � • . Y `\` N , . � '�� . 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