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Home My WebLink About1991-08-12 Resolution 3001.96 °4� ,o o CITY of ORONO RESOLUTION OF THE CITY COUNCIL 9xESH�4' NO. 3001 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1662 WHEREAS, Richard and Collette Roberts (hereinafter "the applicants") are the owners of the property located at 1937 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new single family residence on a lot of 0.39 acres in area and 74' in width, in the LR-lC zoning district which normally requires 0.50 acres in area and 100' width. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1662. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 15, 1991 and recommended approval of the proposed variances based upon the following findings: A) A single family residence currently exists on the property. B) The property was originally created via a subdivision which occurred prior to the current minimum lot area and lot width zoning requirements. Page 1 of 4 40 -tv l w ESA CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3001 C) The lot area of 0.39 acre is large enough that a single family residence and associated sidewalks and driveways can be constructed without the need for lot coverage or hardcover variances. The applicants' original plan requested a 2.4% hardcover variance in the 75-250' zone, however the Planning Commission finds no justification for granting a hardcover variance. D) The lot width of 74' will accommodate a single family residence without the need for variances to a side setback requirement. 4. The applicants have revised their initial proposal to conform with the Planning Commission recommendation, and have relocated their residence nearer the road but still meeting the 30' minimum street setback, reducing the square footage of hardcover in the driveway and therefore eliminating the need for a hardcover variance. 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 variances on the health, safety and welfare of the community. 6. 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 variances 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence on a lot of 0.39 acre and 74' lot width where lot area normally required is 0.50 acre and lot width normally required is 100', subject to the following conditions: Page 2 of 4 � G~ �t9kESH�4� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3001 1. Hardcover in the 75-250' zone shall not exceed the normal 25% limit. In the 0-75' zone, applicants shall remove all plastic sheeting hardcover placed by a previous occupant of the property, however, the existing retaining walls in the 0-75' zone may remain in place. No further approval is required for plastic removal and replacement with topsoil and sod in the 0-75' zone. 2. No other variances are granted with this approval. 3. Authorities granted by this resolution run with the property not with the applicants, 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 (August 12, 1992). 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 automatically terminate any authority gra-:ted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood 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 'Zhe 12th day of August, 1991. &ItAt4x')6�� Barbara A. Peterson, Mayor Page 3 of 4 % 4 suo— `�- STATE OF MINNESOTA SS. COUNTY OF HENNEPIN C ITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3001 The foregoing instrument was acknowledged before me on this 12th day of August, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of LINDA S. VEE LQ LMOTAIFI; PUBLIC - MINNESOTANNEPIN COUNTY nmissbn expko 6.1240 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 4-1On this before me a appeared _ known to me to De the p foregoing instrument, the same as his (their) LINDA S. VEE NOTARY KnuC - MINNUMA EG HENNEPIN COUNTY My acm winkm exphrw 612 6 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Notarty Public OuSf" , 199 % and for a county, personally and acknowledged that he (they) executed free act and deed. Not y Public On this /,p, Ai day of !ZW��" _ _, 199 / before me a Notary Public within nd fdt said county, personally appeared eo //2ffe La ercher .oiet45. f known to me to be the person(s) describercTJin and who executed tie foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LL`'DA S. VEE IWU NOTARY PUBLIC - MINNESOTA v My H�;I� 4 d 2� Notary Public Page 4 of 4 N N EXH14/7 14 Res o,r "rroju * 3001 LEGAL DESCRIPTION OF PREMISES SURVEYED: All of Lot 20, Fagerness, and the accretions to said lot described as follow: Commencing at the intersection of the extension Southeasterly of the Southwesterly line of Lot 19, Fagerness and the Southerly line of Under the Linden Avenue, which point is marked by a judicial landmark; thence Southerly 21 degrees 8 minutes East a distance of 53.46 feet -to a point marked by a judicial landmark; thence continuing Southerly 21 degrees 8 minutes east a distance of 11 feet, more or less to the shore of Lake Minnetonka; thence Southwesterly along the shore of Lake Minnetonka to its intersection with the Southwesterly line of said Lot 20, extended to the Shore of Lake Minnetonka; thence Northwesterly alone the Southwesterly line of said Lot 20, extended to the Southerly line of Under the Linden Avenue; thence Northeasterly along the Southerly line of said Avenue to the point of beginning, according to the plat thereof on file or of record in the office of the Coun;.v Recordc., in and for said County.