The URL can be used to link to this page

Home My WebLink AboutResolution 3672 ' 6565329 OO CITY of ORONO A4 RESOLUTION OF THE CITY COUNCIL 4j .es 0 � NO. 3 672 A RESOLUTION GRANTING A VARIANCE TO 1IIUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #2095 l 1 WHEREAS, Steven M. Englund (hereinafter "the applicant") has an interest in property at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 9, Block 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"), and WHEREAS, the applicant has applied to the City for a renewal variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a single family residence on the undeveloped property containing 16,251 s.f. or .37 acres in area inhere the existing zoning district would require 21,780 s.f. or 0.5 acres for minimum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This current application was reviewed as Zoning riie2v9`. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District requiring 0.5 acre minimum area for a building site. Municipal Zoning Code Section 10.03, Subd. 6 (A-1) indicates that "a lot of record . . . may be utilized for a single family detached dwelling purposes without Council approval if area . . . is within 80% of the requirements of the zoning chapter". At .37 acres the property contains only 74% of the .5 acre T�iAi., SEER ENTE -;F-*Mequirement and therefore requires Council approval. HES t4pl,Y tiAUHTt TAXPAYC+SEVNICeS APR 24 1996 Page 1 of 5 r M B O O A b` CITY of ORONO RESOLUTION OF THE CITY COUNCIL kESIID NO. -3672 4. The Orono Planning Commission reviewed this application on January 16, 1996, and recommended unanimous approval of the renewal variance as proposed based upon the following findings: A. Just over 16,0000 s.f. in area the combined lots contain substantial area • -,�.,,.r , iGr cc��strc:ct :�. of ;c sl:=6�.c f uy .� e .� v;ithr,u1 the r;,cl10irem-^nt of any additional variances to the zoning chapter. E. Municipal sever is available and assessed to the property. C. The combined lots meet the required lot width of the zoning district. D. Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres of dry land, averaging about .55 acres. The combination of Lots 8 and 9 at .37 acre yield a lot size that. is not inconsistent with other lots in the neighborhood. E. There is no other land available for purchase in order to make the lot size conforming. F. The City has granted previous lot area variances for this property in 1993 and 1994. 5. The City Council finds that the conditions existing on this property are peculiar /. a 1;. 11 fv n l+nr hl' fly �„ �,'1 t i�; ?(T1 11or rllFtC!(�}• that to 4 dull do lull apply y gcncrafll vt a... !: ot. r., in 1:..., c , granting the variance 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 O O O b - CITY of ORONO RESOLUTION OF THE CITY COUNCIL L�kESHD�`� NO. E$ 6 7 2 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoni,�g Code Section 10.25, Subdivisions 6 (B) to permit the construction of a single tamily detached dwelling on the property containing 0.37 acre in area where the zoning district standards are 0.50 acres in lot area for such use, subject to the following conditions: 1. A sewer connection charge of $250 plus the current Sewer Available Charge (SAC) shall be paid at the time of the issuance of the building permit. 2. No variances other than lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%, lot coverage limitation of 15%, and all other requirements of the applicable zoning chapters shall be adhered to. No further variances will be granted for development of this property. 3. The property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. The City Engineer shall be responsible for reviewing and approving the grading plan prior to the issuance of a building permit. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and mast be exercised by application nor a ba►.u:lig nermit within one year- of the date of Council approval, or this variance will expire on that date (February 12, 1997). 5. Violation of or non-compliance with any of the terms and conditions of this resolution 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 5 O O ,b CITY of ORONO RESOLUTION OF THE CITY COUNCI L 9kESH0 NO. $ 672 Adopted by the Orono City Council on this 12th day of February, 1996. EST: 0thp.'1VIfi t , City Clerk Edward J. Call n, Jr., Mayor j, Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.WEMAN Notary Public NOTARY KKIC-MINNESOTA ' HENNEPIN COUNTY My Commission Expires Jan.31,2(100 Page 4 of 5 � O_V b - CITY of ORONO RESOLUTION OF THE CITY COUNCI L 9kESII0 NO. 8672 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Oil u is / fh _ 1 ;- of_ V"larc A —_ 199 _ before me a Notary Public within and for said county,personally appeared plr- knovin to me to be the persons de cribed 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 —Lit6�ILNOTARY PUBLTAHENNEPINOTARY PUBLIC My Commission Ex ,2(100 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Gin" i — dad' ^f_ -_— -. 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 execilted the foregoing instrument, aid acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 3672 RESOLUTION #�_ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, ' esota do hereby certify that I have compared the foregoing copy of a resolution of the CityMain the Council of the City of Orono with the original record of such resolution ty the Minutes eldf on proceedings of said City Council at a 19 'eetmand that the same is a true and correct Februar 12 co y of said resolution duly adopted by said City Council at said meeting. P In Witness Whereof, I have hereunto set my hand and seal this 13th _ day of Februar 19gL_• l orothy M. Ha City Clerk 11 .4y f. l� k 4 . I lY r w 6565329 Copy F:F-F-, 45 2�:=S.=7 z j I OF HLNN'l-PiN C.us T Y,miN N'Ej SO,T A CERT'!ED Ff"ED AND OR ,r.r.CR"ED ON IT, L C' D 0 __F �KE ON( 96 A 25 AM 10: 44 -S COLI.'!, J JG, 9