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HomeMy WebLinkAboutResolution 3613 R O 6497960 O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL I�04�O NO. e3 6 1 3 S A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #2060 WHEREAS, Tim Fuller and Karen Fuller-Feyo (hereinafter "the applicants") are owners of the property located at 4055 Elm Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 7, 8 and 9, Block 9, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a renewal variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence on a property that consists of 19,920 s.f. or 0.46 acres where 43,560 s.f. or 1 acre is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2060. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. 3. The Orono Planning Commission reviewed this renewal variance application on September 18, 1995 and recommended approval of the variance application as proposed, based upon the following unique findings and hardships: A. The property has been assessed for a sewer unit and the assessment has been paid and sewer is available to the property. TRANSFER ENTEREM. The lot has sufficient depth and width so that normal setbacks for 35' HENNMN COUNTY TAXPAYER SEWVM front, 30' rear and 10' side can be easily met. NOV 7 1995 i Page 1 of 4 H BY O OO ,b - CITY of ORONO � ti S RESOLUTION OF THE CITY COUNCIL ��9kEslao NO. 6 1 C. The 19,920 s.f. lot is consistent with developed lots within the neighborhood ranging from 12,000 s.f. to 37,000 s.f. D. In a report dated September 8, 1994, the City Engineer confirmed that the proposed drainage plans for the developed site will not impact adjacent developed properties to hotly the Past and west side of the property. 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 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 applicants, 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 City staff, comments by the applicants 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 variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence on the property located at 4455 Elm Street and grants an area variance of 23,640 s.f. or 54%, subject to the following conditions: 1. All residential improvements on this site shall meet all required setback and hardcover standards of the LR-1B, Lakeshore Residential Zoning District. 2. Upon application for a building permit, the applicants shall provide a detailed grading plan showing proposed driveway grading, tree removal and/or retaining wall. Further, such site grading plan shall indicate the use of a swale, drain tile, or other acceptable method to transport roof runoff to the north boundary of the property to minimise direct runoff impact on the neighboring property to the west. Page 2 of 4 • r O O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL SH0 NO. 8 6 12 3. 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 (October 9, 1996). 4. —Violation .,, or non-co...t:._vn.-., 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. 5. 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 9th day of October, 1995. AT •' t `n City Clerk ward J. Cal an, Jr., Mayor r E ro erty w er(s) ft ST TE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, 1995. 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. — Nota Public JAMIE L BOSMA '` • NOTARY PUBLIC-MINNESOTA • ! HENNEPIN COUNTY •...••` My Commission Expires Jan.31,2000 page 3 of 4 • r O I O O Cbz CITYof ORONO RESOLUTION OF THE CITY COUNCIL slio NO. A STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this0� day of a(,16 h-e 199 i , before me a Notary Public within and for said County,personally appeared , m r-rri e a0 known to mcutu•be the person(s) described in ....d w...; executed the o_..g_xn� instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S.VEE �Q NOTARY PUBLIC-MINNESOTA NO ry Public HENNEPIN COUNTY ••• MY Commission Expires Jan.31,2000 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this --95-J� day of 199 s , before me a Notary Public within and for said County,personally appeared , �—z?,P."— Q ,' e 44,Q y.� known to me to be the person(s) described in and who executeg the foreg6fnginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary, lic JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA •��•••,• HENNEPIN COUNTY My Commission Expires Jan 31 2000 Page 4 of 4 RESOLUON #= 3 TI STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallie, City Clerk of the City of Orono, Hennepin County, ed the foregoing copy of a resolution of the City Minnesota, do hereby certify that I have comparthe Council of the City of Orono with the original record of suchresolution esoluti said ryin the oMinu es of on proceedings of said City Council at a 1%L5_, and that the same is a true and correct October 9 , 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 16th , day of October 71995 �I orothy M. a City Clerk M 4w © t 1 d� r_ \ p ' W r ch M � A w CN t} UJ Q r•:, Ira � �g u to to to U-4 CTl � 3 Cl