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Home My WebLink AboutResolution 3937 , � , -- . . F� � � . � O� .�. .. • • O O �b. - C ITY of ORONO � � . . � �'� � RESOLUTION OF THE CITY COUNCIL .. �`�kESxo4� . . No. �3 9 3 7 � A IZESOI,UTIOI�T GRANTING A VARiANCE TO 1VI�IV�CIPAI, Z01�1ING CODE SECTION 10.23, SUBDIVISION 6 FII,E NO. 2261 V�IEREAS, Thomas Meyers is the owner of the property located at 345 Leaf Street and Tony Eiden and Diane Eiden (hereinafter "the applicants") have an interest in the properry located at 345 Leaf Street within the City of Orono (hereinafter "the City") and legally described as follows: . � � � � � � • ..;•.,,�f�<a,<��.�: . the East 310 feet of Lot 12 and the East 310.00 feet of the North 124.7 feet of � Lot 13, Auditor's Subdivision Number 203, Hennepin County, 1Vlinnesota (hereinafter "the property"); and � � • WH�REAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.23, Subdivision 6 to remove an �existing residence and construct a new residence. A variance for lot azea to reduce the required lot area from 2 acres to 1.77 acres is required. NOW, TIiEREFOItE, BE IT RESOI.VED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2261. 2. The property is located in the LR-lA Single �Family Lakeshore Residential � Zoning District where the minimum lot area requirement is two acres. . 3. The Orono Planning Commission reviewed this application on July 21, 1997 and, recommended unanimous approval of the proposed variance based upon the iollowing unique fmdings and hazdships: A. The zoning lot is �77,039 sq. ft. (1.77 acres) and does not meet the minimum lot azea reqtiirement of 2 acres. � • -.`.�--Page 1 of 4 � °� � . � o 0 �b. - CITY of ORONO � F � '� RESOLUTION OF THE CITY COUNCIL ��kE H�4�G � . � . � NO. fe� 9 a� � . �. . � S B. The applicants have obtained the owner's consent to apply for a lot area variance. ! - � � C. � No other variances for construction of a new residence are anticipated. � , 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properry in this zoning district; that ' � granting the variance 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 ; properry 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 o�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. CONCLUSIONS, ORI)EI� AND COI�TIDITYONS Based upon one or more of the above fmdings, the Orono City Council hereby � grants a lot area variance to reduce the required lot size from 2 acres to 1.77 acres per ' Municipal Zoning Code Section 10.23, Subdivision 6 to pernut removal of an existing residence and construction of a new residence, subject to the following conditions: , : � 1. Future buildings are to be located within the setbacks as shown in Exhibit D. � No�future variances will be approved. � � � 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 (July 28, 1998). 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. � ' Page 2 of 4 � . � , � O� . . • O O �e. - � CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL G � . L�9.kESHOS�`'�' . �. . NO. . ,t� � � �' � . � 4. T'he undersigned owner and 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of July, 1997. ATTEST: _ � �/.�— �°r�..�s,��a�k�,-Ei�ly-�berl� � Gabrie Jabbour, May L.'nda. S�d¢�j A Pwfy Cl�er'l�- • � � Thomas Meyers, Property O er � . Tony Eiden, Appl' ant Diane Eiden, Applicant STATE OF l�lINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) . The foregoing instrurr�ent waJs cknowledged before me on this 28th day�of July, . 1997 by Gabriel Jabbour and �er�Q � p , Mayor and��ity�Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . -��,.✓..__..._. .._ _,� ..�.o��,` ,1AMIE 1.GEMAR ;��' '�` �� NOTARY PUB11CrMINNES01� • � ' HENNEPIN CWMY Notary blic . • My Commission Expires Jan.91.2000 • - , Page 3 of 4 � � � °� � o 0 b. - C ITY of ORONO � � ' F '� RESOLUTION OF THE CITY COUNCIL �L�.kE Hp4�'G �. . NO. 3 9 3 7 . � � � � s STATE OF MINNESOTA ) ) ss. � • COUNTY OF HENNEPIN ) On this �day of s-� , 199� before me a Notary Public within , and for said coun ,personally app ' ed��/C �/.p.��✓5 Si/��I�� known to me to be the person(s) described in and who ecut d the oregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ��,�. LINDAS.VEE �/� � //�� ` NOTARY PUBLIGt�IINNESOTA / � �G v :'::, �-9'� ,�,�. .. HENNEPIN COUNTY NO ARY PUBLIC �� My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) ) ss. � . COUNTY OF HENNEPIN ) � . On this �3 day of , 199 g before me a Notary Pu lic within and for said county,personally peared ,t,�,,QJ �,c.c(pir✓�� G�Lcl1-o 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. '°'� ' MARY ANN JOHNSON C�yi,,� ��, r� ::. - t�OTARY P119L�C-MINNESOTA =�,,,; I�y comiNsston�res,Jan.3t,200o NOT'AR � PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HEN�VEPIN ) . � On this J�`�day of , 199� before me a Notary Public within � � and for said county,personally a p ed �� . known to me to be the person(s described in and o executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. . _ I D 77 ,;,:": w JAMIE L GEMAR NOT UB�IC � � NOTARY PUBLIC-MINN� HENNEPIN COUNTY L`��••'�� My Commission Expires,mn,31,2ppp � Page 4 of 4 � � � • '. � Establtahad in 1982 47177 • � � L01' SURVEYS CO�JPANY, I6�C. F.B.NO no�3 � � LAND SURV�YORS SCALE: 1" =ao� � REGI3TERED UNDER THE LAW9 OF STATE OF MINNE90TA o D«wtea ton!A«unant • 78D1 79rd A��nus North E12-6D0-9093 O Denotes Wood Hub Sat !az No.600-9622 tor axcavallon onty YlnnanpolL,3[innawta 66429 x000.0 Denoba Exl�ting El�vatlon EIDEH CONSTRUCTION *�u�ltp�iTr!?j (apr#ifirttfr �� t�s Propoeed Etevation ...... . _. . .. — o«,ote.a,rrx. aar�oy. Propo�ed Top of Bbek Y \��. �� . Propoead Carage Flaor • fc�I.P . \��., \`1�` <r Prupoaad lowaet Floor I ` � R � T�o�� . ( ` \ �A v I e . � \•�., ` •"`. �.. r \ �"`�\�� ti ��\;\ 1� � � ��4 � � . ' ; �., , �j� _ 1 `�• �lesS� _ � ��• ��. ' � � � • ``��.. • � � ��• � . . � � • • � , ��, t � _. :_ . �t.1ii.�l� ,y''•.. � -- .� \ � � pAD �� , � � iV � r � i 1 � / �j�j L � " ' . . . . � � > • � � . , ' � � � � _ • � � ' � � I + �(�a.n�t�o��w� �---�-�----!�h��--' —•—�° 4� � � �L � pzki_ ---•• � — .r�.- �." .._ ` _.— � � �� t g 1 N �'. 1 � � i ; 5r►ev� N� . �— . . �� , / ��,� --�"`-- P�� .1 . iI �11r.4 v '� b9i'. �. _ ----- '--•- �. �� 1�12•g NP� � ae9° � u�3 1 —�• 3 Q •-• • `; � rl..3� i� 1 �Y- �' W' . � � . . , � � � . � ' :� � "� . -�-�.� • • - • � � i� . ..� . • �•-......- o 'I � � I �� \ - � .-21'►.��lak �2t'I.z�m�== --- , ; ��i �'-'61� . �Fd.I.P. -- �- .i � — -310 — — , ld.�.e =- — . � . . . �l • . .. V ' I � � 4 ' Area : 77,039 sq. ft. excluding raad. The East 310.00 feet of lot 12 and the East 310.00 1.77'acres feet of the North 124.7 feet of Lot 13, Auditor's " Subdivision Number 203, Hennepin County, Hinnesota Subject to road and easements of record if any. � • Propoaed grodes ar� a�6ject lo rosulls of aoil teab. � � Proposad bu�ldirg tnfamal'wn mwt ba ctwckad wilh opproved building pbn bafors excovalton ad conalruction. , The orJy eaaemmis ahown ara from plata o/tecwd or infwmatton � � � provided by eNent. ' ///�� /� . Wa hareby cartily lhal ihie is o lrue and correcl repreaenlalion of . � . �Q , �,i��""�� - o survey of lhe bandarias of lhe obove descrbed Imd and lhe �/� loe�al'�( d buildku�e and vfsibla aneroachments. if any.from w on . � �I�Q.Ci`' - � Survayad by u9 lhfs8th day of duly �g,97_ : Charlae F. Anderoon, M1�n Reg.No.21753