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Home My WebLink AboutResolution 4072 M` ` � . O . � � � � O O ��b. - . C ITY of ORONO � ' ti � '�' � RESOWTION OF THE CITY COUNCIL . ��kE Hpg'�G . . NO. �. � `� � " � S A RESOLUTION GRANTING � VARIANCES TO � • MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2362 WHEREAS, Robert E. Howard and Bazbara Howard (hereinafter "the � applicants") are owners of the property located at 1300 Shoreline Drive within the City of � Orono (hereinafter "City") and legally described as follows: � � Lots 10, 11, and 12, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WI�REAS, the applicants have applied to the City for variances to Municipal � Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of,a new residence. Variances for lot area, lot width, front, side, ancl_rear setbacks are required. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2362. � 2. The property is located in the RR-1B Zoning District where the minimum lot . area requirement is 2 acres in area. 3. The Orono Planning Commission reviewed this application on April 20, 1998, and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The existing residence was destroyed by fire and cannot be rehabilitated. . It is more than 75% damaged. Page 1 of 5 � . � i � O� • O O �b. - CITY of ORONO � ' ti � '� RESOLUTION OF THE CITY COUNCIL ��kE H�g'�� . . NO. � O � � � � S . The zoning lot is .446 acres, where 2 acres is required. C. The existing structure does not meet front or side setback requirements. D. There is Type 3 wetland on the northeast corner of the lot. A 26' setback from the wetland is required. E. The lot width is 129.5' where 200' is required. � � F. The front yard is 28.7' existing where 32' is proposed and 50' is required. G. The side yard is 15.1' existi.ng where 25' is proposed and 30' is required. H. The rear yard is 58' existing v�here 49' is proposed and 50' is required. I. The proposed residence is located in the 500-1,000' setback area from . • Lake Minnetonka. Hardcover will be less than 35%. J. The proposed structural coverage will be less than 2,913.75 sq. ft. (15%). , 4. 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 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 ancl recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 � � � O� � O O � ��b. - C ITY of ORONO � ' ti . �� ,'�' RESOLUTION OF THE CITY COUNCIL � �9kESHOg'� NO. _ Ll � � .� ._ CONCLUSIONS, ORDER AND CONDITIONS , Based upon one or more of the above findings, the Orono City Council hereby grants lot area, lot width, front, side and rear setback variances per Municipal Code Section 10.28, Subdivision 5 (B) to permit construction of a new residence on .446 acres where 2 acres is required as proposed in Exhibit A, subject to the following conditions: 1. Authorities granted by this variance 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 (April 27, 1999). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of.the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a • misdemeanor. 3. 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 Orono City Council on this 27th day of April, 1998. ATTEST: ,, . �� ,�. �� . Linda S. Vee, City Clerk Gabrie Jabbour, Mayo � ICl . Property wner(s) • Page 3 of 5 . o.�,. � . . � � o 0 ��b. - C ITY of ORONO � � � �� G'� . RESOLUTION OF THE CIT COUNCIL . �`9.F�- p4� . . .. N O. . � � � � � � : ESH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 1998, by Gabriel Jabbour & Linda. S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal�corporation and said instrument was executed on behalf of the City. o�•°�. CAROLE A.HASEMAN � � r` NOTARY PUBUC-MINNESOTA � 'y ^-•' HENNEPIN COUNTY D � ��°r''� '�-^�� M Commission Expires Jan.31,2000 . v Notary Public STATE OF MINNESOTA ) � � ) ss. • COUNTY OF HENNEPIN ) . � On this 8f" day of 1998 before me a Notary Public with�n and for said county, personally appeared . . d a. c,� a �Fej known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. o�•�•. CAROLEA.HASEMAN �n,�,�l�� ,�o�� `�` NOTARY PUBLIC-MINNESOTA p �.��A:-,: HENNEPINC4UNSY NOtaty PubI1C VIMM��S MyCommissianFxDiresJan.31,2000 STATE OF MINN]ESOTA ) . j ss. COUNTY OF HENNEPIN ) � On this day of , 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public . � . Page 4 of 5 . �`�• �. " , . • 3G6 �� ( -- • j� Certific:ate of Survey . , • for tmbert G. Tschida '� , e�` Ldts 1�, 11 , & 1�, Black 14, MIfd�1�TOP!<1; l �-�• . Nenne i n Count Mi nnPSO�a ��.�� . . + �� -j�� P Y� ' - ;�-: . •y ;�s_.=.✓'' '_ ' '�::i . � + . ' f2. � o ~� �. We.{iunA S2�b0. � . . o� `�L �DO.00 `. . ' , �'�� •2 Ds 0: y. •�F�NCE � . � i �'D'7 .`�� . • � ~ • a.�`'a�.,� . � ' � . .�� ` • �. 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