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Home My WebLink AboutResolution 3508 643504'7 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 0 8 �9kE8H0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 14.25, SUBDIVISION 6 (B) FILE #1984 WHEREAS, Steven M. Englund (hereinafter "the applicant") has an interest in the property iocated 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 variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence on the undeveloped property containing 16,251 s.f. or 0.37 acre in area where the existing zoning district would require 21,780 s.f. or 0.5 acre for minimum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS T ,. 4:r.,, ,z-n.- rn,�i.owed as Zoning T-�;le y1QQG 1. 1luJ app caYUJ ♦v,:v wed _.- v � � 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. 3. Municipal Code Section 10.03, Subdivision 6 (A-1) indicates that "a lot of record . . . may be utilized for single family detached dwelling purposes without Council approval if area. . . is within 80% of the requirements of the zoning chapter". At .37 acre, the property contains only 74% of the .5 acre requirement, and i4erefore requires Council approval. TRANSFER ENTERED HENNEPIN COMITY TAWAYER'ERVIC[S Page 1 of 4 JUN 6 1995 N. BYE 4 DEPUTY F"5005 Disk Om O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 D 0 8 ti og�G ESH 4. The three member Orono Planning Commission reviewed this application on November 21, 1994 and recommended approval of the variances as proposed, based upon the following findings: A. At just over 16,000 s.f. in area, the combined lots contain substantial area for construction of single family residence without the requirement of any Vailances to the zoning c:iuptC:-. B. Municipal sewer is available and assessed to the property. C. Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the neighborhood. D. There is no other land available for purchase in order to make the lot size conforming. 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 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 Comnrebensive 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 4 F"5005 Disk Oro. O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti ESS 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 single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards require 0.50 acres in lot area for such use, subject to the fbilowing conditions: 1. A sewer connection charge of$225.00 plus the current Sewer Availability Charge shall be paid at the time of building permit issuance. 2. No variances other than the 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. Property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. 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 (December 12, 1995). 5. Viclation of or non-corm llama with any of the ternis 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 F"5005 ask aom CITY of ORONO ek- RESOLUTION OF THE CITY COUNCIL ti ESTI ,ied by:the Orono City Council on this 12th day of December, 1994. ad c egg f y •'+',�_✓� x j � ' f«y 1# ti}' 1�11,.kii+irc�.ril T. C,?'�11?ciil, F'_" , ?:'lay' Property' r STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of December, 1994, 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. : .:,•,.. LINDA S.VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY '•••.•• My Commission Expires Jan.31,2M N tary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 1a�'I day of M & y , 199 s before me a Notary Public within and for said county,personally appeared Sfr v`r,l . Fn !u.,d /�a�'y af t,! tl v n�', /YtG�, �d known to me to be the person(s) described in and who exec ted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. •.'.".••. LINDA S.VEE NOTARY PUBLIC-MINNESOTA ° HENNEPIN COUNTY • My Commission Expires Jan.31,2000 NO A X PUBLIC t Page 4 of 5 Porn 5005 Disk Dram 1 O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL SS o4�G E STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this_ day of --, 199 ,before me a Notary Public within.and for said Country,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 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 ST.""_TT- OF 114INNESO A � 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 lie (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 F"5005 Disk Orono y✓ RESOLUTION # 3 -5 ® S STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 CITY OF OI?ONO ) 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 19 meeting d°hatsCity the same* is a�uncil e rue and correct Decembeon r � � � 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 13th day of December , 1994 DM M. Liu, City Clerk 2 R i 643504 93MUMMEW o6psta-80 C. R 9Jn�� -! 6436 407 i i i { I C Fac 45- Cop-.t r-�� y