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Home My WebLink About#1998 Recorded Resolution 35416412001 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 411 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) FILE //1998 'WHEREAS, Craig Wicklund (hereinafter "the applicant") has an interest in the property located at 3780 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 52, Auditor's Subdivision No. 203, Hennepin County, Minnesota (hereinafter "the property"); and ,vHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision G(B) to permit the construction of a new principal structure on a property that consists of 65,560 s. f. or 1.51 acres where 87,120 s. f. or 2 acres is required and on a lot that measures 149' at the 50' front street setback where a 200' width is required. NOvV, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: :FINDINGS l. This application was reviewed as Zoning File #1998. 2. The property is located in the LR-1 A, Lakeshore Residential Zoning District requiring 2 acres in area. 3. The Orono Planning Commission reviewed this application on February 22, 1995, and recommended approval of the proposed variances based upon the following unique findings and hardships: ..., A. The house has existed on this site for over sixty years . ENTERED ffHNCJ'ii'J (;QlJNTY TAXFAYi::H e!ERVICIS Page 1 of 5 MAR 3 1995 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 4 fl --4' B. The property was approved for sewer in 1992 and assessed one sewer unit. C. There is an adequate building envelope to permit the construction of a new residence on the property meeting all setback and hardcover requirements of the LR-lA Zoning District. D. The property is located. within the 250-500' setback zone from the shoreline of Lake Minnetonka and would be allowed a total of 19,668 s.f. or hardcover improvements. 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 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 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 sP.ff, comments by the applicant and the effect of the proposed variance on the heahh, safety anJ welfare of the community. CONCLUSIONS, o:rwER AND CONDITTONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivisions 6(B) to pennit construction of a new principal structure granting an area variance of 21,560 s.f. or 24.7% and a lot width variance of 51' or 25. 5 % , subject to the following conditions: Page 2 of 5 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 41 1. New residence structure shall be served by an approved sewer stub available to the south of the property. 2. Applicant to provide detailed grading and drainage plans for walkout design residence with application for building permit. 3. Applicant sha11 install a new curb cut at Bayside Road in order to not encroach upon the property located at 3770 Bayside Road. 4. 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 this variance will expire on that date (March 13, 1996). 5. 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heir, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 form SOOS Disk Orono ' . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 41 1995. The foregoing instrument was acknowledged before me on this 13th day of March, 1995, by Edward J. Callahan, Jr. & Dorothy M . Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrumeni. was executed on behal f of the City. LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Notary Public Page 4 of 5 fOJm500 5 Disk01ono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 41 On this ____ / 3 f-'1-.... ___ day of ~k-i/_ _, 199 £" before me a Notary 10pblic within and for ~c1id county, personally appeared ' ' _ 'If f2'._e, '.£ )__~~~ A~ v ~"'----known to me to be the pe on(s) described · and who executed the foregoing instment, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUN1Y My Commission Exf)lresJ81t.S1,• STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) On this _____________ day of_________ , 199 before me a Notary Public witllin 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. NOTARY PUBLIC Page 5 of 5 Form5005 Disk Orono STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 5 4 1 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on March 13 , 199 5 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this ------14th day of March , 19~. 0 0 '1) -< l m m :lJ m (") ,, m m , ';:,'.) ~ ~ t , i ::. < ~'\ ~ ,, , "' -. ~ ~-•· ~) C) t-1 ,-, 1~1 (l·1 ~+:----f o I f ,.) ,-, ,-, ,,::;, ,::) r:_, 1d_.l ,=.1 ·-· \J\ t)