HomeMy WebLinkAbout#2027 Recorded Resolution 35736'151672
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ·3 5 7 3
A RESOLUTION GRANTING A VARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. 2027
WHEREAS, Richard Lee Kail (hereinafter "the applicant") is the owner of the
property located at 3753 Casco Avenue within the City of Orono <lnd legally described as
follows:
Lots 7 and 8, Block 4, Casco Heights, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a new residence on a
property that consists of 15,645 s.f. or .36 acres where the zoning district would require 21,780
s.f. and where existing lots of record would be required to meet 17,424 s.f. or .4 acre or 80%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2027.
2. The property is located in the LR-1 C Lakeshore Residential Zoning District
requiring one-half acre in area.
3. The Orono Planning Commission reviewed this application on June 19, 199 5 and
recommended approval of the proposed variance based upon the following unique
findings and hardships:
A. A single family residence has existed on the property for over 50 years.
B. The property is served with municipal sewer and water.
TRANSFER ENTERED C. There is no adjacent land available to acquire except for the 14'
unimproved public alley to the east. If alley were to be vacated, applicant
would receive 1,253 s.f. of additional area.
HENNEPIN COUNTY TAXPAYER SEl1VICES
JUL 17' 1995
~INN BV~DEPUTY
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No :? F"' t"'1 (;• . '-'~/[.,;,~
D. Existing improvements on the property encroach into the public right-of-
way.
E. The existing structure is located 18' from the street lot line where a 30'
setback is required.
F. The existL.'1g structure is located O' from the east side lot line where a 10'
setback is required.
G. The subject property is consistent with the size and width of other adjacent
properties in the immediate neighborhood.
H. The new construction will have no impact on residential development as
all drainage will drain directly to a ponding area on land owned by City
to south and west.
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 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.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by Ciiy staff, comments
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 variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the
construction of a residence on a property that does not meet the required area for the zoning
district and grants a variance of 6,135 s.f. or 28% (per Section 10.03, Subdivision 16 (A-1),
variance of 1,779 s.f. or 10%), subject to the following conditions:
Page 2 of 4
' .,_
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL 13 s~ ·~~. NO. ~ ~:i
1. Upon application for a building permit, applicant shall provide a survey locating
designated wetland at the southwest corner and proposed house. Applicant shall
also provide detailed grading and drainage plans.
2. The concrete pad located within public alley to be removed prior to the issuance
of a building permit for new construction.
3 . Applicant to obtain a demolition permit for the removal of both the garage and
house. The Building staff shall determine if detached garage can remain during
the period of construction of new residence. Per Section 10. 03, Subdivision 7,
applicant may apply for a pennit from the City that will allow applicant to reside
in the existing residence for a three-month period.
4. Authorities granted by this variance run with the property 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 (June 26, 1996).
5. 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.
6. 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.
Page 3 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
3 573 NO. ______ _
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of June,
1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Mhmesota municipal cori-Joration and said instrument wa~ executed on behalf of the
City.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Notar P J
On this .c2.2..!.!'day of •--tur<-(!____,, , 199 S'before me a Notary Public within
and for said county, personally app r d ~ ;;{ /~~ ,,a).. _
known to me to be the person(s) escribed in and who execut<( the for oing instrurnent,and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L. BOSMA
NOTARY PUBUC-MINNESO1A
HENNEPIN COUNTY
My Commission expires Jan. 31, 2000
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
Page 4 of 4
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # 3 5 7
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 meeting of said City Council held on
June 2 6 , 19.2...5_, and that the same is a true and correct
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 _ ____.2.._7 ....... t .... h..__ __
day of June , 19~.
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