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Home My WebLink AboutResolution 3952 r� - � � O� • O O ��b. - CITY of URONO � ti � �,'� RESOLUTION OF THE CITY COUNCIL ��kESH.04��' NO. :� �,�,�.ri . •� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2253 WHEREAS, David Reinhold (hereinafter "the applicant") is the owner of the property located at 3551 Livingston within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the constxuction of a new single • family residence to replace the existing residence on a lot of 0.15 acre area and 50' width where a 0.5 acre area and 100' width are normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2253. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. . 3. The Orono Planning Commission reviewed this application on August 18, 1997 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following fmdings: . A. , The existing lot of 0..15 acre in area and 50' width contains an existing � , �. house connected to municipal sewer. . • Page 1 of 5 � o.�,. . . • � � b CITY of ORONO � F �� G'� . RESOLUTION � T�HSCITY COUNCIL � �kESIIO� NO. ` � B. The adjacent properties on either side of applicant's property are developed with existing single family residences, hence no additional land is available to make the lot larger. . C. Development of this lot would be in character with the neighborhood, as , evidenced by the fact that of 73 homes in the neighborhood bounded by Shadywood Road on the east and Blaine Avenue on the west, including Livingston Avenue, Lyric Avenue and Crystal Place, 41 are on single 50' lots, 23 aze on double 100' lots, and 9 are on triple 150' or larger lots. D. Even though this lot is significantly smaller than the zoning district standaxds, a residence can be built on the property which meets the lot coverage, setback and hardcover standards of the LR-1C district. E. Allowing the replacement of the existing deteriorated structure with a • modest residence will help the City meet its goal of maintaining . affordable housing in the City. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, cominents 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 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 traffic conditions, light, 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 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. � • Page 2 of 5 O � � • � � 6. - CITY of ORONO � � � �,� G'ti� RESOWTION OF THE CITY COUNCIL . ��kEsI3�4� ; NO. :� �,� � CONCLUSIONS, ORDER AND CONDTTIONS � Based upon the above�findings, the Orono City Council hereby grants variances - � to Municipal Zoning Code Section�10.25, Subdivision 6 (B) to allow�the construction of a new residence to replace the existing residence on a lot of 0.15 acre area and 50' width where a 0.5 - acre area and 100' width are normally required, subject to the following conditions: � � l. This approval grants only the requested lot �area and lot width variances. � 2. Development of the property,shall not exceed the 35% hardcover limit of the 500-1,000' hardcover zone in which the lot is located. Total lot area is 6,725 s.f., and the maximum hardcover allowed on the property is 35% or 2,353 s.f. 3. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" allowance. • � 4. At the time the existing house is removed, the existing shed shall also be removed. 5. Existing house and shed shall be removed within 90 days of variance�approval, and if this is not completed, the applicant is advised the City may proceed with , hazazdous building action. . 6. Applicant is advised as part of this proposal that it is the City's intent to grant no other variances for this property. 7. Authorities granted by this variance run with the property not with the applicant, but aze pemussive 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 (September 8, 1998). � . 8. 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 3 of 5 . � °� � � � � o o � b. - � CITY of ORONO � ti � �'� RESOLUTION OF THE CITY COUNCIL �� No. 3952 '. . kESH.� . 9. 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 8th day of September, 1997. AT EST: . . � � . . . Dorothy M. lin, City Clerk Gabriel bbour, Mayor • r Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instnzment was executed on behalf of the City. � , ,�., ��Y�.u��/....�._o�-�_�.� ,.i CAROLE A.NASEMAN " • NOTARY PUBLIC-MINNESOTA • NOt2.Ty PUbI1C �, 'V��: HENNEPINCOUNTY . �'`'� �"rL��° My Commission Expires Jan.31,2�00 `"�,; . . • � Page 4 of 5 . . , . � O� • O O b. - CITY of ORONO � ' ti � �,'� RESOLUTION OF THE CITY COUNCIL � L�kESH.04�' NO. ��— STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this `�/�'� day of 199� before me a Notary Public within and for said county, personally a peared f�u�c� 1��h�►�/� h„t �� r��c�. lalown to me to be the person(s) described in and who executed the foregoing instrument,and acknowled ed that he (they) executed the same as his (their) free act and deed. � "•• CAROLE A HASEMAN 7` NOTARYPUBL{C-MINNESOTA l� o �. �.J .' H�INEPIN COUNTY •"�,�•�•' My Commisslon Expires Jan.3t,2noo Notary Public STA'TE 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 • Page 5 of 5