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Home My WebLink AboutResolution 4564 .,�' I i� • �� ; red " ;� � o �,� ; ,e . � � 5� � � . . � 0 ' �� b. - �'��- CITY of ORONO � �� -�- --__ V ��,��( : � G --�_ RESOLUTION OF THE CITY COUNCIL ��SHp4� . � NO. �.� � .� � � A RESOLUTION GR.ANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2628 WHEREAS, Roger A. Anderson (hereinafter "the applicant") is the owner of the property located at 2200 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: � Lot 13, Block 1, "Wiley's Pazk" Lake Minnetonka, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zonin� Code Section 10.25, Subdivision 6(B) to permit new residential construction on a 0.38 �acre lot where 0.5 acre is required and having a lot �width of 52 feet where 100 feet is • required. � � . ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2628. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring .5 acre in area. The property consists of .38 acres. ' 3. The Orono Planning Commission reviewed this application on October 16, 2000 and recommended approval of the proposed 'variance based upon the followinD findings: A. The property has been developed with a residential use since at least 1965. . 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 150' from the lakeshore, ` • which meets the intent of the Comprehensive Plan for new structures. Page 1 of 4 , ��j � O ' v � O O ��b - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�4� � . � NO. - . 4 � 6 � ...� � C. The lot size is consistent with that of other developed properties in the neighborhood. � D. The lot can be developed without the need for further variances. 4. The City Council finds that the conditions existing on this properry 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 properry 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 staff, comments � by the applicant and the effect of the proposed variance on the health, safety and . welfare of the community. CONCLUSIONS, ORDER AND CONDITIO`'S Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow new residential construction on a 0.38 acre lot where 0.5 acre is required and having a lot width of 52 feet where 100 feet is required. 1. Council approval is based on the site plan submitted by the applicant attached � ' to this resolution as Exhibit A, completed by Roger Anderson and Associates, • Inc., dated October 27, 2000. Any amendments to the site plan may require further Planning Commission and City Council review. . 2. It is the intent of the City Council that variances to develop the lot to exceed allowed hardcover would not be looked upon favorably. � 3. Authorities granted by this variance run with the properry 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 (November 13, 2001). Page 2 of 4 „° . , _., . �i-� 7 O� � O O •6. � CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL � �\�9 .� 4�'G . . . � � � . NO. �. � �� ' � • . �SH� . - •�- � 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 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, his successors and assigns, hereby agrees 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 the 13th day of November, 2000. ATTEST: � . . � �. Linda S. Vee, City Clerk � Gab 1 Jabbour, Ma r Property Owner (s) �rr�..s '� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . � The foregoing instrument was acknowledged before me on this 13th day of November, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and 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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