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Home My WebLink About#01-2719 Recorded Resolution 4708.. j , ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL No . r· m~ o a A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE NO. 01-2719 WHEREAS, David F. Dalvey and Jodi A. Dalvey, (hereinafter "the applicants") are the owners of the property located at 1520 Bohn's Point Road within the City of Orono (hereinafter "the City") and legally described as follows: - See Exhibit A 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 102 feet wide 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 #01-2719. 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 36,753 s .f. or .84 acres. 3. The Orono Planning Commission reviewed this application on October 15, 2001 and recommended approval of the proposed variances based upon the following findings : Page 1 of7 Metro Legal Services Inc. Box 491 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 0 8 A. The property has been developed with a residential use since at least 1967. 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 145' from the lakeshore, which meets the intent of the Comprehensive Plan for new structures. C. The pump house-shed accessory building is in good structural condition. D. Variance approval was granted for the accessory building in 198 8. 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 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comrr,;?nts 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 102 feet wide and 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 Page 2 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 0 8 resolution as Exhibit B. 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 any further variances to develop the lot would not be looked upon favorably. 3. 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). 4. Violation of or non-compliance with any of the terms and conditions of these variances 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 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 ofTjtle 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, 200 I. A1}EST: d}nb, Jt/~ Property Ovmer ( s) Page 3 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 "'ft O 8 Ql,,+h t/ / The foregoing instrument was acknowledged before me on this 22nd 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 PUBLIC· MINNE~OTA My Commission Expires Jan. 31, 2005 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this ,;Jj_p -I 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On thisd,?0'day of 0ovt;'Mf3eR.. , 20.QL, :I)}1110 t;; T>ALtlfJ/ personally appeared before me, __ who is personally known to me _L._ whose identity I proved on the basis of M /J J)g / V€RS l f c cll{1€' __ 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. e CENISE M. LESKINEN NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2005 Notary Public Page 4 of7 f~7~~ ~ :!) ~~~ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2 O d On this !I!!:_ day of /Jov€frtf3C!Z. , 20 6/, Jodi' ff. !~lfle1 personally appeared before me, __ who is personally knovvn to me ✓ whose identity I proved on the basis of MAJ Dl?-11/t~S L/Cr: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. e DENISE M. LES. KJNEN NOTARY PUBUC • MINNESOTA My Corm11a1on Expns Jan. 31, 2005 Notary Public Page 5 of 7 t-d Al ()Q co °' 0 Ml '-l LEGAL DESCRIPTION OF PREMISES : That part of Government Lot 1, Section 9-117-23 described as follows : Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest corner of said Section; thence north along said West line of said Section_ 100 feet; thence East parallel! with the South line of said Section to the shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point · of beginning. ~ o:.Jl 0 00 ~ I-'• er' r-'• rt > ~-------------------------------------~I) r 0 <( 0 a:: 1-z 6 n. (/) z I 0 CD ,X) 0 ~ ~ -(-:=1:;1 ✓----::~·~~~-~-~ ' / I / % \. ~ -· I ',~ . 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