HomeMy WebLinkAboutResolution 3956 •
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tOIL CITY of ORONO
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't4� tie' Gti RESOLUTION OF THE CITY COUNCIL
1kESHDg' NO. 5 6
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (A & B)
SECTION 10.22, SUBDIVISION 1, 2 AND 3
6o x H a` FILE NO. 2276
WHEREAS, Brent Walton and Julie Walton (hereinafter "the applicants") have
an interest in the property located at 2405 Dunwoody Avenue owned by Louis B. Oberhauser
(hereinafter "the owner") within the City of Orono (hereinafter "the City") and legally described
as follows:
see Exhibit A attached (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 18, 1997, at which time all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivisions 6 (A & B) and Section 10.22, Subdivisions 1, 2 and
3 to permit a new residence on a vacant lot of record. Variances are requested to allow a
reduction of lot area of 12,745.5 sq. ft. where 21,730 sq. ft. is required, and a lot width
variance to allow a lot width of 50' where 100' is required. A hardcover variance to allow
43.15% or 3,810 sq. ft. where 25% or 2,207.5 sq. ft. is allowed is required.
NOW, THEREFORE, BE I1' RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2276.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District requiring one-half acre or 21,730 sq. ft. is the minimum lot area.
The property consists .29 acres or 12,754.5 sq. ft.
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tip. CITYofORONO
woo ��,s RESOLUTION OF THE CITY COUNCIL
`4gzsgOv- NO. 3956
3. The Orono Planning Commission reviewed this application on August 18, 1997
and recommended approval on a vote of 4 to 3.
4. The Planning Commission made the following findings of fact:
A. The lot is an existing lot of record.
B. The lot is 12,754.5 sq. ft. or .29 acres. It does not meet the minimum
lot area requirements of the LR-1C district.
C. This is an unusual shaped parcel as it is situated in relation to Shoreline
Drive and Dunwoody Avenue and Lake Minnetonka.
D. The amount of hardcover for the long driveway and turnaround are due
to the access being provided from Dunwoody Avenue and the need for
safe ingress/egress.
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 traffic 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.
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CITY of ORONO
t� �i�i'07) Oti RESOLUTION OF THE CITY COUNCIL
`'keSHDg NO. 3 9 5 6
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.25, Subdivisions 6 (A & B) and Section
10.22, Subdivisions 1, 2 and 3 to permit construction of a new residence on a vacant lot where
the minimum lot area and lot width are not met and to allow 43.15% (3,810 sq. ft.) of
hardcover where none is existing and 2,207.5 sq. ft. (25%) is allowed. Approval was subject
to the following conditions:
1. The structural lot coverage shall not exceed 1,913.17 sq. ft. (15%).
2. Applicants to provide easement to the City of Orono for the sanitary sewer as
described in Exhibit B. Said easement to be executed upon closing of the
purchase of 2405 Dunwoody Avenue.
3. Applicants to relocate the water line following approval of the building plans
and prior to approval of the building permit and installation of footings.
4. A 20' x 20' paved area for vehicles to turnaround to discourage backing out onto
Dunwoody Avenue shall be installed.
5. No hardcover shall be allowed in the 0-75' setback.
6. 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 (September 8, 1998).
7. 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.
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:4: to- CITY of ORONO
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'4 in., 1M� �Gti RESOLUTION OF THE CITY COUNCIL
`kieSH04 NO. e3956
8. The undersigned 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 8th day of September, 1997.
AT ►IST:`
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IIS orothy M 41,14-1, City Clerk Gabriel abbour, Mayor
Louis B.Db3 rhauser, Property Owner
Brent Walton, Applicant Julie Walton, Applicant
STATE OF MINNESOTA l)
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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 instrument was executed on behalf of
the City.
0..."'• LINDA S.VEE t
NOTARY PUBLIC-MINNESOTA
°;4:;' , HENNEPIN COUNTY Notary Public
My Commission Expires Jan.31,2000 N
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(O =
CITY of ORONO
� 3'4 1M G RESOLUTION OF THE CITY COUNCIL
N
-4zsg0 NO. 39 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this(72,-/-0, day of �r ;f�m , 199'7 before me a Notary Public within
and for said county, personally appeared B renf I j I fo n mar(s pd I.
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.
CAROLE A.HASEMAN
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NOTARY MUBUC-MINNESOTA
•°t ARe HENNEPIN COUNTYC44111) ,7-Zf--de--,22-gf---A._1
�...••' My Commission Expires Jan.31,2000,_ NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this, '9-ii day of = ,l , 199= before me a Notary Public within
and for said county, personally appeared J] j,, -; , r, cr,
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.
/�/i/i///fi�
" ° CAROLE A.HASEMAN
NOTARY PUBLIC•MINNESOTA �.
C ;� � .
'j '.• HENNEPIN COUNTY . /
.. •° My Commission Expires Jan.31,2n00 � NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this (-J day of (C L-r h i , 199 1 before me a Notary Public within
and for said county, personally appeared t i i i 5 el). ,:)t''{F ;,l i �• %7°,'r
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.
\ ° LINDA S.VEE - r
NOTARY PUBLIC-MINNESOTA ti
�~ HENNEPIN COUNTY 1 {`
My Commission Expires Jan.31,2000 NOTARY PUBLIC
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3956
LEGAL DESCRIPTION
That part of Lot 2, Block 8, Townsite of Langdon Parke described as follows:
ata point in the Northeasterly line of said Lot 2 distant 5.00 feet southeasterly fromntheg
Northeast corner of said Lot 2;thence some
of said Lot 2 to the shore of Lake Minnetonka;thence southwesterly with the So�rtheasfett�►kte
southeasterly along said ie).
the Southeasterly line of said Lot 2;thence northeasterly along said Southeaste
the most East9rly comer of said Lot 2; thence n alongthe N 'th
of said Lot 2 to the point of beginning.This survey °� '.
described shows the location of proposed oPcsed house, garage and drive.on the above " ;
described
edprproperty. a does not purport to show any other Improvements or
encr° : denotes Iron markers '
SCALE
RG INC, I hereby certify that this survey was prepared by me or under my direct super- ZQ
vision, and that I am a duly registered Civil Engineer and Land Surveyor under
the laws of the State of Minnesota. DATE
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JOB N0.
Mark S. Gronberg Minnesota License Nu .'i•r 12755
97-2750
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Sanitary Sewer Easement Description
for Brent Walton 3 9 5 6
in Lot 2, Block 8, Townsite of Langdon Park
Hennepin County, Minnesota
August 25, 1997
A 20 foot easement for sanitary sewer purposes over, under and across fh'at'part ofthe
following described property:
That part of Lot 2, Block 8, Townsite of Langdon Park, described as follows: Beginning
at a point of Northeasterly line of said Lot 2 distant 5.00 feet southeasterly from the
Northeast corner of said Lot 2; thence southwesterly parallel with the Southeasterly line
of said Lot 2 to the shore of Lake Minnetonka; thence southeasterly along said shore to
the Southeasterly line of said Lot 2; thence northeasterly along said Southeasterly line
to the most Easterly corner of said Lot 2; thence northwesterly along the Northeasterly
line of said Lot 2 to the point of beginning.
which lies within 10 feet on each side of the following described centerline:
Commencing at the most Easterly corner of said Lot 2; thence southwesterly along the
southeasterly line of said Lot 2 a distance'of 220.00 feet to the point of beginning of the
line being described; thence northwesterly'deflecting right 61 degrees 30 minutetolts'
intersection with the northwesterly line of the above described property, and said S
centerline there ending.
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RESOLUTION # 3956
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a mel held on
1997ei and ofting said
the same is a�true and correct
September 8 ,
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 11th
day of
September , 1997
Ncun ct
orothy M. a , CityClerk
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