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Home My WebLink AboutResolution 4026 �: , �ia � � O� . O O ��. � CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL . � � �kESHOg' NO. � � � � � � . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 2330 � e W�iEREAS, Robert E. Beutler (hereinafter "the applicant") is the owner of the property located at 1331 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, and that part of Lot 5 lying northeasterly of a straight line running from the midpoint of the northwesterly line of said Lot 5 to the midpoint of the southeasterly line of said Lot 5, Block 6; vacated Oak Place; also Lots 5 and 6, Block 7 all in Saga Hill revised, Hennepin County, Minnesota, (hereinafter "the property"); and _ • WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Sulidivision 5 (B) to permit the construction of a new residence on a property that does not meet the required lot width of 140' measured at the shoreline at , 74.89' and 83' at the 75' setback. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS l. This application was reviewed as Zoning File #2330. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. 'T�e subject lot is 1.13 acres. 3. The Orono Planning Commission reviewed this application on November 18, 1996 and recommended approval of the proposed variance based upon the following unique findings or hardships: � Page 1 of 6 , �_. � O ' Y • O O �b. - CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. � � O � s� - . A. The lot contains 49,200 s.f. or 1.13 acres where one acre is required by , the zoning district. , B. The property is served with sewer. C. There is no additional land available to expand the lot width of the properry. D. No other variances are required as a result of this improvement. � E. The City has received no negative comments from the adjacent property owners notified of the variance application. 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 variances�would not adversely affect tr�c 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 variance on the health, safety and welfare of the community. • Page 2 of 6 � °� . � o 0 �b. - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL � . � ��kESHOg'� �. NO.. � � � G � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a new residence on a property that does not meet the required lot width and grants a variance of 65.11' to allow the lot width to remain 74.89' at the OHWL and 83' at the 75' lakeshore setback where 140' is required subject to the following conditions, subject to the following conditions: 1. Prior to the City issuing a Certificate of Occupancy for the new principal structure, the applicant's contractor shall be responsible for removing all heating and plumbing facilities within former residence structure to be converted to an accessory structure. A restrictive covenant that will run with the property (Attachment A) must be signed by the applicant restricting the use of the current • principal structure as living space. 2. Authorities granted by this resolution run with the property, not with the applicant, but is 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 (January 26, 1999). 3. 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. � ' . 4. The undersigned applicant has read, understood and hereby agrees to the terms . of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. ' , � Page 3 of 6 � °� . � o 0 � ��b� - CITY of URONO � � � ti �� t,'�' RESOWTION OF THE CITY COUNCIL � � �`�x'Esxo4� . . . . No. —� � � 6 � . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of January, 1998. ATTEST: �` U��. Linda S. Vee, City Clerk Gabn Jabbour, Mayor `j" `�,�'�i �. Property Owner � � � � Page 4 of 6 , ` 'e � O� � O O ��b. - �ITY of ORONO : , � �� '�' RESOLUTION OF THE CIT�Y COUNCII -.L� O � � � � .� � �kESHOg'� . � � � NO. STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 26th day of January, 1998 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. � a •� . ,tAMIE L GEMAR - ;`^� • NpTAAfiYY P118LIC-MIINNESOTA • -• . � ki�A�PIN CWMY �,yu-�� ' My CoiM�ssloo Expires J2n.31,2000 � •,.� No Public . STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this o��`'� day of `�� , 199� before me a Notary Public within and for said county, personally appeared ,ae-�, � ��P-�-f�u�,�� ,,,,,�.c.ce� known to me to be the person(s) described in and who e ecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� '�r:Y:,�'Y'• . ✓"��• JAMIE L.GEMAR :'�' �`'' NOTARYPUBLVC-MINNESOTA .�� GG�!'!ti(,�J '` • � t�y�6p��1,2000 � NOT� Y PUBLIC STATE OF MINNESOTA ) . ° . . ) 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 instxument, and acknowledged that he (they) executed the same as his (their) free act and deed. � NOTARY PUBLIC � Page 5 of 6 , . _. �..._. ._. . __ 1 v , . .. . . _ � � X�cti;� � � � � o � � �-� � RESTRICTTVE COVENANT . � - KNOW ALL MEN BY THESE PRESENTS that �� a,nG� w.�nG�l� I�.,Q,l.�-� L�I'' � ,� � . � . (collectively.; "Owners"), do hereby expressly � covenant - and agree to not use the� � . � ' � � � � on the real property�in Hennepin�County, 1Vlinnesota, . legally described on Exhibit "A" attached hereto and made a part hereof, as an altemative living space, including but not limited to, a guest house, secondary residential unit, mother-in-law apartment,rental of structure, or the like. � This Restrictive Covenant shall run with the land, shall be binding upon Owners, their respective heirs,successors and assigns,and may be temunated only upon written agreement of the City of Orono. � IN WITNESS WI�REOF, Owners have hereunto set their hands this �r� day of ., 1�, c� 199� . � � � � . , , , U� '��-�..,��-� STATE OF MINNESOTA ) )ss. COUNTY OF � . ' ) This instrument was acknowledged before�ne this o3-r� day of ��/1-�'2-� , 19� by /�,� a..,,�0 i,t,i��, _/�a.T�?n�, ,nu�� , ' � , �-��. JI�MIE L GEMAR . � . ` ' NOTJIpYPU�ICr�iIiNNESOTA ' . � ;" " f =� ,' F@�IN c�urot�r '`'' �'��"•3t�� Not Public THIS INSTRUMENT WAS DRAFTED BY AND PLEASE RETURN TO: pppHAM, HAIK, SCHNOBRICH&KALTFMt1N,LTD. 3300 Piper Jaf&ay Tower � 222 Soufh Ninth Street Minneapolis,MN 55402 � � (612)333-4800