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Home My WebLink AboutResolution 3506 � r ,. �� o ! � �' - CITY of ORONO ' O �, O • �:��-� ,� RESOLUTION OF THE CITY COUNCIL ' � '1�� ,3 �, ,,, N0. �S e� O � � � �:� � ti . Y � . �'�`9�C' O.¢''�G ' ESH ! � A R�SOLUTIt1N G12ANTII�G VARIANC�S � T�O MdJNICIl'AL Z�I�11.�'G� CODE � � SECTI4N 10.24, SiJ�T�3'�'YyiU1�1 5 (I3) FIL� N�. 1�80 �VHEREAS, A & T Development(hereinafler "the applicant") has an interest in the property located at 460 Park Avenize within the City of Orono aric� legally described as follows: � Lots 1, 2, 15 and 1G, Block 1, Minnetonka Summit Park, Hennepin County, . Miimesota (hereinafter "the properry"); and . � WIi�I�A5, the applicant has applied to the City for var.�ances,to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a new residence on a properry that consists of 25,000 s.f. or .57 acres in area and where 43,5G0 s.f. or 1 acre is required as a minimum area for residential development and where the lot is 100' in width to the rear of the 35' street setback whcre 1�0' width is rcquired. • l�iOW, THEREFORE, BE I�T i�l�SO�,VED by the City Council of Orono, ' ti Minnesota: FINDIN(iS 1. Tl�is application was reviewed as Zonii�g File #1980. 2. The property is located in the LR-1B, Lakeshore l�esidential Zoning District, requiring one acre or 43,560 s.f. in area. , � 3. �'lnree members of the Orono Planning Commission reviewed this application on November 21, 1994 and recommended approval of the proposed variances based upon the following unique findings and harclships: � A. The Minnetonka Summit Park plat was approved in 1912 prioc to zaning � standards for residential development. B. Development af the 25,000 s.f. site would be consistent with the histor.ic ` and current pattern of residential development of the neighborhood. C. The pmperty has been assessed one sewer unit and a sewer stub is available at both Park Avenue and Tonkawa Road (County Road 1.35). • • D. There are no undeveloped contiguous parcels of land available for combining with the substandard property. Page 1 of 5 ' � Fam5005DiskOmno , � a . . . '+.. i; � , ;'.F.' � � . � . • _ • x Y � � . � ' � , � ' � � ` � � I � �' CITY of ORONO ► O `� O � � • ��i��-� �, RESOLUTION OF THE CITY COUNCIL � � `f��,� `a,'�' �, � r • NO. � � �� a.�� _ ; ti, �� og�G , ' ESS 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to otlier 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 City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSION5, ORDER AND C01�1DITIONS • Based upon one or more of.the findings noted above, the Orano City Council � hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a new residence on a property that does not meet the area or width requirements seeking approval of an 18,560 s.f. or 42.6% area variance and 40' or 28.5% lot width variance, subject to the following conditions: 1. The four properties shall be legally combined prior to the City's issuance of a building permit. 2. All future development shall be subject to the standards of the LR-1B Zoning District and Shoreland Regulations of the City. 3. Per Section 10.03, Subdivision 10, the lot is classified as a through lot and all accessory structures will require a conditional use permit. 4. Owner and future developer of progerty shall be responsible for installing a paved road within the right-of-way of Parlc Avenue at the same width as the eYisting paved road to the south. Owner shall also install a turnaround 'unprovement that � will allow municipal maintenance vehicles the ability to turnaround within the 30' wide right-of-way of Park Avenue and owner's private driveway as shown on Engineer's drawing included as Page 5 of this resolution. The City Engineer � shall review the final site plan and road improvement plan submitted by owner with building permit application. ' Page 2 of 5 . � � Fam5005DishOrono , � � �� O �� . O CITY of ORONO • ,�' ��^� �,,,. - ,� RESOLUTION OF THE CITY COiTNCIL 1 '•.) �, � �� :a�� ti No. 3 � o � -- � ��9� og�G ESS 5. Authorities granted by this resolution 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 (December 12, 1995). 6. 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. 7. Dwight Post of A&T Development and Johnson Investments Limited Partnership of Hartford, Connecticut 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�he City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of December, 1994. AT T: . • j . . — orothy M. al. in, City Clerk ward J. Call an, Jr., Mayo � Authorized Representative of Johnson Dwight ost, A & T evelopment Investments Limited Partnership of ' Hartford, Connecticut STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) " The foregoing instrument was acknowledged before me on this 28th day of February, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the Ciry, of �Orono, a Minnesota municipal corporation and said instrument was executed on . behalf of the City. • •`�• LINDA S.VEE ��^�� l/� J"' ° � NOTAAY PU9LIGMINNESOTA ' HENNEPiN COUNTY Notary Public ' ,••• My Commissfon Ezpires Jan.31,2000 � Page 3 of�'5 ' Fam5005DiskOrono � � . . • ` I . O � � CITY of ORONO O �,, O � ��'e�=� .� RESOLUTION OF THE CITY COUNCIL � ��=`' .J ,: � 3 � � -� ,�',� � �; �� ,�cS, NO. � ��9� O¢�G EsK STATE OF MINNESOTA ) ) ss. COUNTY OF HENN�FPIN ) On this , f-� day of , 199� , before me a Notary Public within and for said County,personally appe e �-�� s . �e_�6.�1 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. � � ..;a...�:s��5r, J," Notary Pu ic NANCY W. ROSKIN��., �- dVOT/sRY PUBL�I �.- -, MY C�A�R(SS�td E](P�ES 3,� � �, � � - � STATE OF MINNESOTA ) "-� �' • ) ss. J ' COUNTY OF HENNEPIN ) ' � On this /7� day of . a n u a r y , 199 � , before me a Notary Public withinand for said County,personally appeare� .� ,�; G/,f �ost. ��,�5,�en�- �F f1 � T IJ�ev��o/��f 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 �'° fl�TJV�iI�WN.IC�M�M�SA ' • F�CflIIWTY , y� 1y�� . �IMM �I�E�Y�I.��L{II/1/ . Page 4 of,� 5 � Fam 5005 Disk Orono . o � � � � - � CITY of OR � ��, . � ONO � � �ti,� ,� e�'=' -� � RESOLUTION OF THE CITY COUNCIL '�'i, `1 �� .6��' c5� NO. 'S e� O �°o Y � ��9� o4�G ESS � �'"'"n� � � . , �o �,,,�,�`'`"`" `g .��`�' �o . � ��PO\�5 . � � . PRo�PaS�D �DKivF��la� ` Q '�� . , �� . � r , � � ; , . . � . — —` : ! � � . � I � , . � n � . � � � � Ia . . I � � t . ��'- �i. � . I k Q I . : I � I ; • I . . � I Page 5 of 5 � - � ' Fam 5005 OISX Orono