HomeMy WebLinkAboutResolution 1475 , � , . ,;: ..
� Ci.t� o� ORONO
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_ RESOLUTION OF THE CITY COUNCIL
NO. 1475
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• ' • • ' Granting Varinaces To Municipal
Zoning Code Section 34.452 - File 731
Whereas , Charles Hommeyer is the owner (hereafter "owner")
of property located within the City of Orono (hereafter "City" ) at 477 .
Park Lane , legally described as Lots 2 and 3 , Block 4, and Lots 3 and 4 ,
Block 6, Minnetonka Summit Park , (hereafter "property") ; and
Whereas, the oianer has applied to the City for variances to
municipal zoning code section 34 .452 to allow construction of a new
residence on a property consisting of 22,525 square feet instead of the
required 43 ,560 square feet, with a-lot width of 10� feet instead of the
� required 140 feet and with a south side yard setback o.f 6 feet instead of
the required 1�1 feet.
Now, Therefore Be Zt Resolved by the City Council of Orono ,
Minnesota :
Findings
• � 1 . This application was reviewed as zoning file no. 731 .
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning Distri.ct.
3. The Orono Planning Commission reviewed this application on
March ?_1 , 1983 , and recommended approval of the variance as
requested , based upon the following .findings: •
a) A residential unit had existed on property for over 5�
years . The existing house , not connected to municipal
sewer , has not been occupied since 1981 .
b) The owner of the property to the immediate south of Lots 3
and 4, Block 6 has submitted written approval of the setback
variance .
c) The area and lot width of the property is consistent with
the surrounding developed properties .
� d) Lots 2 and 3 , Block 4, separated from the proposed
homestead site (Lots 3 and 4, Block 5) by a platted road , '
contain 12, 504 square feet in area and cannot be credited in
this application.
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� Clt� o� ORONO
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�'� _� RESOLUTION OF THE CITY COUNCIL
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e) An average lakeshore setback line at 160 feet places the
� house at the property' s narrowest width .
f) The variance application does not require any other
variances to the municipal zoning code .
4 . The City Council has cons'idered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the owner and other interested
persons , and the effect of the proposed variance on the health ,
safety and welfare of the community. �
5 . 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 effect traffic conditions , light , air nor
pose a fire hazard or other danger to neighboring property; would
• not merely serve as a convenience to the owner , but is necessary to
alleviate ademonstrable hardship ordifficulty; isnecessary to
preserve a substantial property right of the owner ; and cvould be
in keeping with the spirit and intent of the zoning code and
. comprehensive plan of the City. '
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings , the Orono City Council hereby grants
variances to Section 34.452 to allow construction of a new residence on
the property consisting of 22, 525 square feet instead of the required
43,550 square feet, with a lot width of 10� feet instead of the required
140 feet and with a south side yard setback of 6 feet instead of the
•required 1.G1 feet, subject to the following conditions:
1 . All existing structures on property must be removed prior to
the issuance of a building permit for the new residence. A
demolition permit must be obtained from the City prior to
removing these structures .
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, 2. New residence must be hooked to municipal sewer , a
Metropolitan Service Availability charge has been paid .
3. No other variances are granted or permitted for this ,
structure.
• 4 . Authorities granted by this variance run with the property
not with the owner , 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
(April 11 , 1984) . '
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Clt� o� ORONO �
RESOLUTION OF THE CITY COUNCIL
NO. 1475
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� 5. Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shallautomaticallyterminateanyauthority granted
herein, and sha11 be punishable as a misdemeanor .
. h. The undersigned owner hasread , understood and hereby agrees
to the terms of this resolution and on behalf of himself, his
hei.rs , successors and assigns, hereby agrees to the recording of
this resolution in the chain of title of the property. �
Adopted by the Orono City Council on this �L day of ����' 1983 .
ATTEST: - � CITY OF ORONO
<��l��z-C-i��� �,����..J . .
• City � erk Mayor
(1) �1�
Property Owner (s)
� STATE OF MINNESOTA ) �'
) ss .
COUNTY OF HENNEPIN )
On this �� day of , 1983, before me,, a Notary Public
within and f r said Coun y personally ap ared
known to me to be the person (s) desc ibed in and who executed the
foregoing instrument, and acknowledged that he (they) executed the
same as his (their) free act and deed .
��'��
�s���rti MARY S. WOYT��:'�
� '�-s u � NOTARYPUBLiC-MINNE3:i;A NOTARY P LIC
'�t;�� H�NNEPIN CODUTy � � �/
.:�.� My Comrtus�iq��cptns Vvv./9,1��7 i��%O�(/ � �� / ��
�- MY C MMISSION F,1�{PIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 38�i .77 .
• State Deed Tax Du�e Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323