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HomeMy WebLinkAboutResolution 1524 r clt� o� oR,oNO , � � RESOLUTION OF THE CITY COUNCIL NO. 1524 • � , • � • • Granting A Variance to Municipal Zoning Code Section 34.552 - File 770 � � Whereas , Ronald Gehring is the owner (hereafter "owner") of the property located at 1396 Baldur Park Road within the City of Orono (hereafter "City"} and legally described as Lot 15, Block 1 , Baldur Park (hereafter "property") ; and Whereas, the owner has applied to the City for variances to municipal zoning code section 34. 552 to permit construction of a principal residence on a property that consists of 12,870 square feet instead of the required 21 ,78� square feet and has 5H feet of lot width instead of the required 100 feet. Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : Findings • l . This application was reviewed as zoning file no. 77PJ . 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 15, 1983, and recommended approval of the variances as proposed based upon the following findings: a) There is no additional land available to combine with the property. , b) The City has approved three similar lot area and lot width applications for the property.. c) The principal structure will be constructed per the required se�tbacks of the LR-1C zoning district . d) Sewer is available to the property. e) A residence had existed on the property at one time . 4 . The City Council has considered this application including the findinqs and recommendations of the Planning Commission, • reports by City staff, comments by the owner and other interested persons , and the effect of the proposed variances on the health , safety and welfare of the community. -� c�t� o� oR,oNo � � RESOLUTION OF THE CITY COUNCIL � NO. 1524 • , . • � • • �-- 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 th�e variances. would not adversely effect traffic conditions , liqht, air nor , pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrable hardship ordifficulty; is necessary to preserve a substantial property right of the owner ; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings , the Orono City Council hereby grants variances to Section 34_552 to permit construction of a principal residence on a property that consists o,f 12,87fd square feet instead of the required 21 ,780 and has 5� feet of lot width instead of the required ld0 feet subject to the following conditions : 1 . All improvements on the site (this includes decks, patios , driveways , hard surfaced walkways , etc . ) shall be limited to 2,28b square feet of hardcover . l 2. No structure ( includes decks and patios} may not be located closer than 75 feet from the lakeshore and the principal structure must meet the a��erage lakeshore setback of houses on adjacent lots. 3. Applicant to quit claim deed portion of Baldur Park Road that intersects the property, area to be deeded must include an additional 3 feet for maintenance. 4. No o�ther variances are granted or will be permitted in the future for this� structure or for the property. 5. Authorities granted by this variance run with the property not with the owner , 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 12, 1984) . • 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shallautomaticallyterminateanyauthority granted herein, and shall be punishable as a. misdemeanor . C�t� o� ORONO • � . RESOLUTION OF THE CITY COUNCIL . � NO. 1524 � � , • • • • 7. The undersigned owner has read , understood and hereby agrees =----� to the terms of this resolution and on behalf of himself, his heirs , successors and a�signs , hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September , 1983 . ATTEST: CITY OF ORONO � �.��-� �.���� City Clerk . Mayor Thomas Frahm, Acting Mayor � . ` (1 � Property Ow r s) (2) Property Owner (s) (3) Property Owner (s) • ` � Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. • , • r • • STATE OF MINNESOTA ) __ ) s s . l COUNTY OF HENNEPIN ) On thi � day f , 1983 , before me a Notary � Publ '' , within an � for s d � County, personally appear•ed known to me to be e person (s) descri ed in an who executed the foregoing instrument , and acknowledged that h (they) executed the same as his (their) free act and deed . " . DOROTHY M. HALLIN RY PUB NO?ARY A +� HENNEPIN COUNTY y �„�'.�.� � "��'- �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss . � COUNTY OF HENNEPIN ) On this day of , 1983 , before me a Notary Pu with' n o a ' � County, personally appeared ,� known to be the person (s) describe nand ho execut the oregoing instrument, and acknowledged that e (they) execute he same as his (their) free act and deed . . ; . �'`+ OOROTHY M. HALtIN /� ARY PUB . NOTMY PUEiJQ-YMNNMO�TA +r` HENNEPIN COUNTY � ���i �x l�b aommiwon�xpM+M bl�N U MY COMMISSION EXPIRES • � � C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL NO. • � • � • • STATE OF MINNESOTA ) _ - " � ) ss. ' COUNTY OF HENNEPIN ) , On this � day of , 1983 , 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 ` " MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes �i86.77. State Deed Tax Due Hereon: Exempt � � This instrument was drafted by: City of Orono P. O. Box 66 Crystal Bay, MN 55323 •