HomeMy WebLinkAboutResolution 3934 ��r t�
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� � CITY of ORONO
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� � �'� RESOWTION OF THE CITY COUNCiL
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� A RESOLTJ�ION GI2AI+T'TIl`1G A VAPoIANCE
, TO NYUloTICIPAL ZONING C�DE
` . SEC'TION 10.24,�SUBDIVISIOI�T 5 (B) . � .
- FIL� NO. 2257 �
�1V�iE�AS, Dennis Meyer (hereinafter "the applicant") is the owner of the
property located at 4685 Tonkaview Lane within the City of Orono (hereinafter "the City") and
legally described as follows:
Tract F, R.L.S. 1036, Hennepin County, Minnesota (hereinafter "the property");
and
i WI�E�2EAS, the applicant has applied to the City for a variance to Municipal
IZoning Code Section 10.24, Subdivision 5 (B) to allow construction of a single family
I • residence on a lot of 29,900 s. f. in area or�0.69 acre, where a lot area of 43,560 s. f. or 1.0
acre is normally required.
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NOW, T�YER��ORE, B� IT �SOLV�D by the City Council of Orono,
Minnesota:
FIN�INGS
1. This application was reviewed as Zoning File #2257.
2. The property is located in the LR-1B Single Family Lakeshore Residential
� Zoning District.
3. The Orono Planning Commission reviewed this application on July 21, 1997 and
I recommended approval of the proposed variance based upon the following
�+ findings:
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. . A. This lot was assessed one sewer unit and front footage in the 1970 Saga
� � . Hill Sewer Project. � . � � �
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�b. - C ITY of ORONO
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� G'ti RESOWTION OF THE CITY COUNCIL
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� B. The LR-1B district lot area standard is 1.0 acre. On Tonkaview Lane,
the average lot size is 0.83 acre. The range in existing developed lot
� . sizes is 0.39 acre to 1.61 acres. Eleven lots on Tonkaview Lane are
larger than applicant's lot, seven are equal in size or smaller. The
� construction of a new single family residence on the subject property will
not be out of character with the neighborhood.
. C. The applicant has proposed construction of a residence that will meet the
required front, reaz and side setbacks, will meet the lot coverage
limitations and hazdcover limita.tions, and will meet the height limita.tions
� of the zoning code.
D. Due to general concerns about drainage in the neighborhood, it would be
appropriate that the applicant submit and the City approve a grading and
drainage plan prior to issuance of a building permit for the property.
• 4. 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. .
� 5. The City Council finds that the conditions existing on this properiy 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, �ight, 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 difFculty; 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.
CONCLiTSIO11eTTS, O��R �TD CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance � ,
to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to pernut the construction of a.
single family residence on the property which is 0.69 acre in area where a 1.0 acre area is
• normally required, subject to the following conditions:
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��e. - C ITY of ORONO
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'� RESOLUTION OF THE CITY COUNC�L
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! 1. A building pernut may be issued for this property only upon City Engineer and
� staff approval of the.grading and drainage plan for the site.
; 2. No variances other than lot area are granted for this properry. .
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; 3. Authorities granted by this variance run with the properiy 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 (July 28, 1998). . �
� 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, 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 28th day of July, 1997. �
A EST: .
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orothy M. al in, City Clerk Gabri 1 Jabbour, May .
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. Property Owner (s) �
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�a. � �ITY of ORO�O
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�� G'� RESOLUTION OF THE CITY COUNCIL
� ��kESH�4��' NO. � 9 � � . ..
�STATE OF NZINNESOTA )
) ss. \
COUNTY OF HENNEPIN ) � . �
The foregoing instnunent was acknawledged before me on this 28th day of July, �
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrurnent was executed on behalf of the City.
�o �� CIIROLE A.HASEMAN
:;,. : •, pjpTApy pUg�tC-MINNESOTA
•, HENNEP�N COUNTY �j�,�J �. �C►1rt.��J'n1•�-.�
•,�.•• Nly Commission E�cPires Jan.31.2�00
Notary Public
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
� On this � day of Ac�Q�s�' , 199 'I before me a Notary Public within
and for said county, personally appeared De„,;;s �{.�.�.,�r, v n n,�r v:��
known to me to be the person(s) described in and who�ted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
.;,,;`;•, CAROLE A HASEMAN ��Q.�.,-� /�. ����.�c�rrr�J
NOTARY PUBLIGMINNESOTA 4
, : r H�INEPIN COUNTY
�.�••• My Commission Expires Jan.31.2�0o NOTARY PUBLIC
STATE QF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this day of � , 199_ before me a Notary Public within
and for said county, personally appeared
laiown 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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