HomeMy WebLinkAboutResolution 3405CITY of ORONO
RESOLUTION OF THE CITY COUNCEL
NO. BA05
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1906
WHEREAS, George M. Roscoe (hereinafter "the applicant") is owner of the
property located at 4030 Elm Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lots 9, 10, 11, 12 and 13, Block 8, Minnetonka Summit Park Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City per Section 10.24,
Subdivision 5(B) to permit construction of a new residence on a property that consists of 32,800
s.f. where 43,560 s.f. or 1 acre is required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1906.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area.
3. The Orono Planning Commission reviewed this application on March 21, 1994,
and recommended approval of the variance as proposed based on the following
unique findings and hardships:
A. The property is served with sewer.
B. A residence has existed on this property for approximately 50+ years.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL -
�" NO.3A05
The new proposed
Zoning District.
The building site is consistent in area with
Minnetonka Summit Park neighborhood.
The property meets the required lot width of 140'
street setback.
The City Council funds 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.
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 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 a variance to Municipal Zoning Code Section 10.24, Subdivisions 5 (B) to permit
construction of a new residence on a property that is 32,800 s.f. or .75 acres requiring approval
of 10,700 s.f. or 24.7% area variance, subject to the following conditions:
Applicant to provide grading detail on driveway to ensure drainage will flow to
south or Elm Street and away from residential property to the east.
Applicant must fulfill requirements of demolition permit that allowed the removal
of the former residence and detached garage. The removal of the foundation and
CITY of ORONO
RESOLUTION OF THE CITY COUNCU,
101WIT1.9
other debris on site must be completed as soon as weight restrictions on roadways
are lifted or by June 1, 1994 whichever comes first.
3. Authorities granted by this resolution 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 28, 1995).
4. 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.
5. The undersigned applicant has read, understood 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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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 9 A 0 5 --
Adopted by the Orono City Council on this 28th day of March, 1994.
j►;lin, City Clerk
Property ner(s)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
ward J. Call an, Jr., Mayor
The foregoing instrument was acknowledged before me on this 28th day of March,
1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission wMires b12-iB
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Notary Public
r.. W "O�
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. si40J
STATE OF NUNNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �? �day of 11 a1-61, , 199_ before me a Notary
Public within and for said county, personally appeared e o r q c osr-! P141,
known to me to be the person() described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
-14 n?'l� // v�
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
On this day of �,4 r . - ( , 199 Ll before me a Notary
Public within and for said county, personally appeared e
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.
- Lr.vDn S.
vEE
NOTAPY PUBUC - MINNESOTA
HENNEPIN COUNTY
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MY oomir,isslen txPk« `t2�
NOT Y PUBLIC
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