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Home My WebLink AboutResolution 3519 i � ��' ITY f O � O C o ORONO �. • �:��-� ,� RESOLUTION OF THE CITY COUNCIL �, ��',� 'a�� ti No. 3 5 1 J Y � ��9� og�G ESH A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDNISION 5 (A) FILE NO. 1981 WHEREAS, Todd R. Courneya (hereinafter the agplicant ) has an interest in �� the property located at 4620 Tonkaview Lane within the City of Orono and legally described as follows: Lot 1, Block 1, Lemmerman Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (A) to permit the construction of a 30' x 60' residence on an undeveloped property to be located 25'.from the street lot line instead of the '• required 35'. NOW, TH�REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1981. � 2. The property is located in the LR-1B Lakeshore Residential Zonin� District requiring 43,560 s.f. or one acre in area. The property consists of 20,900 s.r. or .47 acres. 3. The Orono Planning Commission reviewed this application on November 21, 1994 and 7anuary 17, 1995 and recommended approval of the variance application as amended based upon the following findings: A. The property has been assessed for sewer and a sewer stub is available at � Tonkaview Lane for new residential construction. � B. Lot 1 of the Lemmerman Addition was created as a result of a lot 1'uie rearrangement that divided the two lots along a natural division line • created by steep topographies. Page 1 of 5 ' Fam5005�iskOmno � °� O � O CITY of ORONO •� �:�� , = .� RESOLUTION OF THE CITY COUNCIL ��y, ��,� .��`�' ti N0. � „�� Y � ��9� og�G ESS C. The lot is severely impacted by required setbacks from the defined top of the bluff and bluff impact zones. D. The legal building envelope is defined at approximately 22' in depth at 100' length. The 22' envelope was to provide not only envelope for the principal structure but all accessory structures needed to serve a two-story residence. E. The residential construction as proposed will minimize any negati�e impact upon the steeper topographies to the north and the east. 4. The City Council finds that the conditions existing on tnis property are peculiar to it and do not apply generally to other 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 preperty 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (A) to permit construction of a new residence on an undeveloped parcel to be located 25' from the street lot line and approving a street setback variance of 10' or 29%, subject to the following conditions: 1. Upon application for a building permit, the following shall be included: � • Page 2 �f 5 � ' Fam5005 DlskOmm . � � o�' ITY of OR O �, O C ONO • � ':��=� ,� RESOLUTION OF THE CITY COUNCIL a! ��. ' � �� ,�, � �� a�� ti No. 5 1 J '�'�9 g�G kESII� a. Detailed �rading and drainage plan for City Engineer's review. Plans must be drawn by a licensed civil engineer. Such plans must include erosion control. If retaining walls are proposed, engineering detail must be provided on the walls. Site development plan should also locate such walls. b. A landscape stabilization plan.� 2. Applicant shall be responsible for scheduling all required inspections as specified . by City Engineer with his review of detailed grading and drainage plans. 3. Roof plans for house shall address need for roof drainage to be directed away from the north and east sides of the property and directed to the south or Tonkaview Lane. • 4. Applicant to obtain a permit for the creation of a curb cut from the Public Works Department. Applicant is further advised that because of the 4-6' high embankment at the northwest corner that grading be extended into the right-of- way so that retauung walls and tree removal will be minunized. � 5. Applicant is further advised that the City will not allow encroachment of the bluff impact areas for accessory structures or improvements such as decks or staircases at any time in the future. 6. Authorities granted by this resolution 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 (February 13, 1996). 7. 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. 8. The undersigned applicant has read, understood and hereby a�rees 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 r ' � Fam5005 DiskOraro � � 7-- ��' � ' . . O :� O CITY of ORONO • ,� =��=� � , RESOLUTION OF THE CITY COUNCIL � �� , A, ,�, � � �� a,� �ti No. � 5 1 J ��9� Og�G ESS Adopted by the City Council of the Ciry of Orono, Minnesota at a regular meeting held on the 13th day of February, 1995. A EST: orothy M. in City Clerk � �XXx / J. �n� e � Acting Mayor r�L%�'Z�jl�"G�/ Property Owners Appli nt Ernest Lemmermanan� HQ.-y �emm�rn,ay . Tod R. o rneya • STATE OF MINNESOTA ) � ' ) ss. COUNTY OF HENi�1FpIN ) The foregoing instrument was acknowledged before me on this 13th day of Februazy, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��jy2G�ri ,�J - (/,2_Q� Notary Public ,.,;,, LINDA S.VEE � HOTAAYPUBLIC-NtINNESOTA �cou�nr -, , .' My comtt�on Expires Jan.31.2000 Page 4 of 5 � , � Fam 5005 Disk Omm r 4 � . a � O� O �� O CITY of ORONO • �.�� .. = ,� RESOLUTION OF THE CITY COUNCIL • � !��'� ;� � '�., N0, e3 c� � c� � �� ; ,y, ��9� Og�G ES�I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this ��`�` day of , 199 S ,before me a Notary Public withinand for said County,personally appea ed ' known to me to be the person(s) described in and who executed th foregoing trument, and acknowledged that he (t11ey) executed the same as his (their) free act and deed. " JAMIE L.BOSMA �- ��`� r` � NOTARYPUBLIC-MINNESOTA G��'1�Lt� � ' HENA'EPIN COUNTY My CommiSSfon Expires Jan.31,2000 Notary liC � STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) � On this /y-�h . day of FPhrL,Q�-� _, 1995 , before me a Notary Public hu3�ja�d within and for said County,personally appeared �r�►,.�-� l..e rrr,�n a,r/ ��.•�, Gcr,,mer�h, Q �.,�, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowle the same as his (their) free act and deed. ~� � Y�� .v/i �l/• //oI'JZ�w�J r ; r '� �,�y��s,t�.3i;2!�0 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 * Page 5 of 5 ' Form5005 DiskOraro