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Home My WebLink AboutResolution 4712 r :� . �� O� • O O ��s. - CITY of ORONO � � � � �� '�' RESOLUTION OF THE CITY COUNCIL ��SHO�`'� rvo. 4 7 1 � � A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE NO. Ol-2725 WHEREAS, Robert T. Howells and Elizabeth A. Howells, (hereinafter "the , applicants") are the owners of the property located at 1423 Park Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lots 4 and 5,Block 15,Saga Hill Revised in adjacent vacated Lafayette Avenue and in vacated Forest Boulevard, Hennepin County, Minnesota (hereinafter "the property"); and . WHEREAS, the applicants have applied to the City for variances to Municipal � Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 75' setback where 140 feet is required and Section 10.03, Subdivision 9 to permit an accessory structure on a lot without a principal structure; 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 15, 2001, 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#01-2725. 2. The property is located in the LR-1B Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 37,479 s.f. or .86 acres. • Page 1 of 6 , � �----- /� �� o 0 ��b. - CITY of ORONO � � ti �� '�' RESOLUTION OF THE CITY COUNCIL ��SH,o4� rvo. 4 �' g �' 3. The Orono Planning Commission reviewed this application on October 15,2001 and recommended approval of the proposed variances based upon the following findings: A. The property has been developed with a residential use since at least 1956. B. The site plan indicates the proposed setbacks 10' to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be located approximately 175'from the lakeshore,which meets the intent of the Comprehensive Plan for new structures. C. The lot can be developed without the need for further variances. D. The detached accessory building is in good structural condition and is just 0.4' short of ineeting the required 10' side setback. � 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properry 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 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 applicants and the effect of the proposed variances 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 allow new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 75'setback where • Page 2 of 6 , -- �� O ' Y • O O ��b. - CITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH� No. � �' 1 � 140 feet is required and Section 10.03,Subdivision 9 to allow an accessory structure on a lot without a principal structure. 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. Authorities granted by these variances 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 these variances will expire on that date (October 22, 2002). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation ofthe zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � 4. 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 or Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: a� ,� � inda S. Vee, City Clerk Barbara Peterson, Mayor l�r�-� � f�� . Property Owner(s) • Page 3 of 6 r � l //-� � O� � O O ��b. - CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4'� � NO. � � �, � STATE OF MINNESOTA . COUNTY OF HENNEPIN aG�� The foregoing instrument was acknowledged before me on this 2�'rid day of October, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE ' ,��.;• NOTARY PUBLVC-MINNE^OTA � G��_�� ,��L�� :;,,;:.�� My Commission Expfr�s Jan.31,zoa5 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � _ The foregoing instnunent was acknowledged before me on this �j��h day of October, 2001 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. �� u � ��'°'� RACHEL DODGE .�•t �� -:�.,, =��s NOTARYPUBLIC-MINNE^OTA 1�� — ��. �,- My Coirwrussbn Expkes,lan.31,2005 � •��•r Notary Public r STATE OF MINNESOTA COUNTY OF HENNEPIN . On this ��day of p , 20�( ,_�(�',��+ � -�'0 l�P l�S! nrn�c�QG� personally appeared before me, who is personally known to me t/ 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. „��>� RACHEL DODGE, � f �� p ,:��,,�,f�. �.,Lc _ Q� ;�:f;r� NOTARYPUBUC-MINNE^OTA °�— • .�i��„' �,y�o,,,,,,�� 31 � Notary Public ,;�;�._� Page 4 of 6 �_—" /� ��r . � o 0 ��e_ - CITY of ORONO a � � ti �� '�' RESOLUTION OF THE CITY COUNCIL ��sHOS�`'�' N0. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��day of ��11�2o9�V1� , 20 f>>, ��IZQ �J2��h ►� . ��(OI,U 2 ( � S�{iy��yj',� personally appeared before me, who is personally known to me U whose identity I proved on the basis of �N � �—' 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. ��Q;[_�-.¢--� ��C.� Notary Public ��. * RACHELDODGE • �; " NOTARY PUBUC-MINNE:'OTA :�,;:. My Commissio�Exptres Jan.31�2005 , • � Page 5 of 6 � ` ' ' � ; Eghibit A FOREST CERTIFICATE OF SURVEY FOR �AKE � ROB H0INELLS � 7 � � � ��,��a.. OF LOTS 4 & 5, BLOCK 15, SAGA HILL REVISED � �'�'��' � '' IN ADJACENT VACATED LAFAYETTE AVENUE � �ffi9.4 CONTOUt lNE` � 't�', / • ✓. . �'t�`! -�r - �'�ti%�y��+j1�'� `•� ' � ANO IN VACATED FOREST BOULEVARD � .�:;.:,;� �� .-• 'i . � '`�• �'0��"'��"� =�� I HENNEPIN COUNTY, MINNESOTA .- �'' ��++'e1�v�'��IdHVEY"� . � . ��:� �•�S/� ',;c•9A �� ,.•�� /l� � � � ,(' u; /• ',,,• �✓ q►'L", °�; �j .r: ;� ,�'� •'�,,•" i .\�.qJ�'�,�;c.' � p� ' . ��• ,�i� ',•�� . �,i�''' �C�+u�. � � i�� 9� ��1 �� •i . '�� •"��''f� � �i �,,� �,,/- I�! my�95Z,, � � a s� ,• '�\. ,�i�' :�i!:-;i•. ,�, ' . ,'�� a •"/i'.lnA' �;,��, . . / �, �� _ 9Jg.._.__•-'''',<� /' w. . • ,. ,/ % �95e.."'- oca � • -=•�-��_ 4��J �., ��'y' •';,' ^ �' � t i�;� � . ��" '; --5-�2.... �� 'a a �t ,.,w `rm, r /�w,:�-• �,:• ''C.` �`�; ' r: � '•964 / dd �i�(,_0 �CJ", 'J �l ��j � . d�!� QZ" aV.. + '. . � �'�'°` .� , �c � � '. .,.•�"�: ;-' � , /, [Miec1 �.•� r�a° �,✓ �� /�' '... cio ar�,awvcn' � � � • �\` � - :' 4 �:�+� .�� "��, .�, • , �, • . � x« '�a.o '!—. • �� '% � . �,` � � � �i6c.,\ c E7�TNC �� `aE '95E'� , � � i / / Ff0U5E a� ��d�.. `,�•, /i� ��/ '�^� � . ' • �r. �.� �( �� .� . '� i�\. ��t, � ° �«. .' .�:k:" (� . � r, .y �;��';;$ �6 1� Ci6TN0 4•,. H 1 •f7 2\� • ' . �y'�\ ��AU ,1 � \� kk, O` . . . �i� \c` � ,�t'o � / [ocE Cr � ..,��:f � � / . � Re��T • ��1 �� •��c�ti . , �� , P�`� . Q . R=20.Q0 /I A=21°21'21" � , L=7.45 � LECAI dESCRIPTICYJ OF PRElAISES : � � / 1 Lot� 4 and 5, 81ock i5, "Soga Hitl. Revised, Hennepin County. Minnesola". TOGETF�R wilh lhal parl ot Lafoyetle Avenue, voeoled, described as follorrs: Beginning al lhe Soulheasterly eorner of Lot 1. Block 15, "Soga Hitl, Revised, Hennepin Counly, 1Ainnesota"; thence Soulhweslerly otong lhe Soulherly lines of Lots•1, 2, 3. 4, 5, 6 and 7 lo lhe South�esterly corner ol soid Lol 7, Block 15; thence Southerly a distance ol 12 feel alo�g lhe Weslerly lint of said lot 7 extended: lhence Soulheosterly lo the Eoslerly line of said Lol 6 exlended Io o point dislanl 45.5 feel Soulherly o( lhe Soulheaslerly corner of soid Lot 6; lhence Easterly to lhe Eeslerly line o( said Lot 5 e=lended to a point dislonl 45 feet Soulherly o( the Soulheaslerly corner of soid Lol 5; lhence Northeasterly lo lhe poinl o( beginninq, which Iies between the ezlem ione across it of the Northeasterly tinc of said Lol 4 and lhe South.eslerty line o( soid Lot 5. Also lhat part of vacated Forest Boulevard as dedicated in lhe plot ot "Suga Hill Revised, Hennepin County, Minnesola" which lies belween the Norlhwesleriz exlensions across it of the Norlheoslerly line ol Lol A, Block 15, "Soga Hill Revised, Hennepin County, IAinnesola and lhe Soulhxeslerly line of soid lol 5. � , o : denoles iron rtnrker , �,r...�.,, nn,.r...•, � 9ot.6): denoles ezisling npol elevotion. mean sco level dolvn �� '« = 7fe.s i..�.i..+ . .. oJ`r•.:.-r...,_ .___..g�7_._._; denoles erisling conlour line, mcan seo lavel datvn i awf�,.�.. ��n� , � ; .. �..:.��. i. - .. � - fte.o Bearings shown are based upon on assvrcd dalvn ' This survey intends lo show the boundaries o( lhe above described properly, lhe localian o( an exialing house ond gorage, and (he proposed localion o! o proposed house lhereon. Il does nol purporl to shoM any ' other irrprovarcnle or encroockrcnla � . ' . usrxo�caw� arc asoevro� ��axar a■nr uu�n.s n.ri s+cac•iat a mra� u.ac -.H� -��-�«� �� CRONBERG dc ASSOC[ATES INC. �AS NK�MCD��K OM 1lRG W DaCCI SY[R1T.41 MO �-_�• 1 IMRT 1 IY 11 0.lT ICLM[D MOKSSqiW,fNCN[R NO LNO Eco wcuuc uacrns wo wncmas srt�v,�aa 4RY[191 YQl bC U�f Of K S�alf Q YI(SOIA D�IC e-n-o� ocaao — ��s rt m�rnr o2 �a+c�NCE.ui ss�ss J,vt!/.Il ��_ ,a w. � _ 952-173-�1�1 arc.�°-�.a• w tm�s[uiaeq �tsr� 01-025 � 01-]23 • �rl'1-1'1��i � .J.• .Y.� �( rjt.;n�1� . Page 6 of 6 � �