HomeMy WebLinkAboutResolution 3907 .,�. .. .,�,
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'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISIONS 5 (B) , .
FILE #2234
WHEREAS, Doug Waldoch (hereinafter "the applicant") is owner of the property
located at 4215 North Shore Drive within the City of Orono (hereinafter "City") and legally
described as follows:
. That part of Lot 2, Orchard Beach described as follows: Commencing at the Northwst
corner of Lot 2; thence Southwesterly to the Southwesterly corner of said lot; thence
Southeasterly along Southerly line thereof 60 feet; thence Northeasterly to a point in
• Northerly line of said lot distant 98 feet Southeasterly from beginning; thence
Northwesterly to place of Ueginning, together with an easement for driveway purposes
over the Northwesterly 22 feet of the Northeasterly 44 feet of the following described
t�act of laild: That part of Lot 2, Orchard Beach described as follows: Beginning at
a point on the North line of said Lot 2 distant 98 feet Southeasterly from the
Northwesterly corner of said Lot 2; thence Southwesterly to a point on the Southerly
line of said Lot 2 which point is 60 feet Southeasterly from the Southwesterly corner
of said Lot 2; thence Southeasterly along the Southerly line of Lot 2 a distance of 60
feet; thence Northeasterly to the Northerly line of said Lot 2 to a point on said line
which point is 76.5 feet Southeasterly along Northerly line of said lot from point of
beginning; thence Northwesterly along Northerly line of said lot 76.5 feet to the point
of begiruiing, according to the recorded plat thereof, and situa�e in Hennepin County,
Minnesota, except that part taken for North Shore Drive, Hennepin County, Minnesota �
(hereinafter "the property"); and
WHER�AS, the applicant has applied to the City for variances from Municipal
Zoning Code Section 10.24, Subdivision 5 (B) to remove°the existing residence and construct
a new resideilce. Variances for lot width of 50` or 35.71% where 90' is existing and 140' is .
required; and for lot area of 14,652 s.f. or (33.63%) where 28,908 s.f. or .664 acres is existing
and 1 acre is required.
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NOW, THEItEFORE, BE IT RESOLVED by the City Council of Orono, .
Minnesota: �
FINDINGS
l. This application was reviewed as Zoning File #2234. '
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District where the minimum lot area requirement is 1 acre.
3. The Orono Planning Commission reviewed this application on May 19, 1997,
. and recommended unaniinous approval of the proposed variances based upon the
following unique findings and hardships:
• A. The lot does not meet the minimum lot area and lot size requirements for
the LR-1B Zoning District.
B. The cunent residence and garage do not conform to the setback
requirements from the side or street property lines.
� C. The current driveway requires an easement over adjacent property.
D. The existing garage is located in the road right-of-way.
4. The City Council fmds tliat the conditions existing on this properly 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 properly; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
deinonstrable hardship or difficulty; is necessary to preserve a substantial
property 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
, recoinmendations of the Planning Commission, reports by City staff, coirunents
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� G'� RESOLUTION OF THE CITY COUNCIL
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by the applicant and the effect of the proposed variance 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 a lot area and lot width variance to remove an existing residence to construct a new
residence per Municipal Zoni.ng Code Section 10.24, Subdivision 5 (B), subject to the following
conditions: �
1. Applicant is to remove the 12' x 10' shed from the 0-75' setback area.
2. 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 (May 27, 1998).
3. 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.
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.
. � Adopted by the Orono City Council on this�27th day of May, 1997. : .
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Dorothy M H llin, City Clerk Gabriel Jabbour, or
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Property wner(s)
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'�' RESOLUTION OF THE CITY COUNCIL
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� STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIN ) �
The foregoing instiument was acknowledged before me on this 27th day of May,
1997, by Gabriel Jabboi�r & Dorothy 1V,[. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesota inunicipal corporation and said instrument was executed on behalf of the City. .
�, ,��, LINDAS.VEE ✓ //���.
�%:• `' � NOTARY PUBUC'tJI�NNESOtA v
:�; HENNEPIN COUNN
� " My Commission ExPi«�an.3t,200o ARY PUBLIC
�IMM�� �
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this 3� day of /�ci s� , 199Z before me a Notary Public within .
and for said county, personally appeared Aou q �a5 1.�Cc/��G�! S'�n/ �
known to me to be flie person(s) described in d who executed the foreg ino g instruinent, and
acknowledged that he (they) executed the same as his (their) free act and deed.
o�_��., LINDA S.VEE
NOTARY PUBUGMiNNESOTA �jy��,� � �,�[,�.
•^!=�-o: HENNEPIN COUNTY '
�.�••• My Commission 6cpires Jan.31,200o NOTARY 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 instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
• �
NOTARY PUBLIC
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