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Home My WebLink AboutResolution 3541 . . . � O�r ��ol O �� O CITY of ORONO �� RESOLUTION OF THE CITY COUNCIL r� �`�� + : �„ � �� ';�' ti NO. � .� � -- ti ��9�a �g,�,G ESS A RESOLUTION GRANTING VAItIANCES TO MUNICIPAL ZONING CODE SECTIUN 10.23, SUBDIVISION 6(B) F1LE #1998 WI-IEREAS, Craig Wickluncl (fiereinafter "the applicant") l�as an interest in the properly located at 3780 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 52, Auditor's Subdivision No. 203, Hennepin �ounty, Minnesota (hereinafter "the progerty"); and VVHEREAS, the applicant has �pplied to the City for variances to Municipal Zoning Cude Section 10.23, Subciivision 6(B) to permit the construction of a n�;w principal structiire cm a property that consists of 65,560 s.f. or 1.51 acres wtiere 87,I20 s.f. or 2 acres is required and on a lot that measures 149' at the 50' front street setback where a 200' width is required. NOW, THL+'REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. '1'his aE�}?ticativn was reviewecl as Zoning File n 1998. 2. 'The property is located in the LR-lA, Lakeshore Residentiai 7aning District reyuiring 2 acres in area. 3. "rlYe Orono Planning Commission reviewed this application on February 22, 1995, and recommended approval of the proposed variances based upon the following unique findings and tiardships: � A. The liouse has e�isted on this site for over sixty years. TRANSF�R ENTERED EN��,�;�v�pUNTY TAXFAYzR 9ER��ClS Fage 1 of 5 MAR � 19�5 �N � INN. BY d��DEPUTY v�soos a�oro� � o� Q , � CITY of ORONO �� '��'�=� � RESOLUTION OF THE CITY COUNCIL '� ��i `'-� �" No. 3 5 4 l� -� �, � ;, �; ,�ti . ��9� og�G ESH B. The property was approved for sewer in 1992 and assessed one sewer unit. C. There is an adequate building envelope to permit the construction of a new residence on the property meeting all setback and hardcover requirements of the LR-lA Zoning District. D. The property is located- within the 250-500' setback zone from the shoreline of Lake Minnetonka and would be allowed a total of 19,668 s.f. ar hardcover improvements. 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 affeet 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 s:�.ff, comments by the applicant and the effect of the proposed variance on the heaith, saiety arid welfare of the community. �'L.'L.)l�ll.l..�11''J1�1V.�� I�Y�Fe�'i� c�:~:�u' �.��'��haTS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivisions 6(B) to permit construction of a new principal structure granting an area variance of 21,560 s.f. or 24.7% and a lot width variance of 51' or 25.5%, subject to the following conditions: Page 2 of 5 Fam 5005 Dish Orom � . � . . . • . • � O� O .� O CITY of ORONO ��" RESOLUTION OF THE CITY COUNCIL � �� ' � ,��, � �; :�';� ti No. 3 5 41 ti G ��'E8I;�4'� 1. New residence structure shall be served by an approved sewer stub available to the south of the property. 2. Applicant to provide detailed grading and drainage plans for walkout design residence with application for building permit. 3. Applicant shall install a new curb cut at Bayside Road in order to not encroach upon the property located at 3770 Bayside Road. 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 (March 13, 1996). 5. Violation of or non-compliance with any of the terms and conditions af 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 heir, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Fam 5005 Disk Oroia , .- . � - � �� O :::, O CITY of ORONO �. ��'' ��?� RESOLUTION OF THE CITY COUNCIL � ��"T��''^v �, / � NO. e� � �.� I �,� '�;�� .�� ,ti�' G t�kESHo4'� Ado�ted by the Orono City Council on this 13th day of March, 1995. `��,E't�y � A ��ST:�;; - < 'f ,`('_`' ��- '� i, , ' �:��,5�° l�in �:;:ty Clerk � r,cl��ar� � Cai:a;.��: .;;�., :....y�,r I)c�,�thy A , ,. � � ' � '�� ^ � i_ � ��. ; � ,: � � _ ope � ': ��ner(s) STATE OF MINNESOTA ) ) ss. COL?NTY QF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of t..1F F Urono, a Mirines�ta municipal corporatian and said instrumeni �v�a� caecute� on b��::�.� e� t c City. � � �.�'� - i J;. �•�%+.Y�� r�.. ��' r/.;_' ° `"'• LINDA S.VEE Notary Public ' �� NOTARY PUBLIC-MINNE$QTA � �Y '- � HEkNEPIN COUNTY '•,..••'� My Commisslon Fxplres Jan.31,2000 Page 4 of 5 Form 5005 Disk Omno - ' ►.� , � �� O .,, O CITY of ORONO a� ��"`� RESOLUTION OF THE CITY COUNCIL �, '��''� :".��=� ti No. 3 5 � � �, � ti � G �9kESH�g'� STATE OF MII�TNESOTA ) ) ss. COUNTY OF HENNEPIN ) �n th.�s ___�3 �' _.__ d�Y �f��'J'�,d�-�-- , 199 5 before me a N�tary Y:�!�iic within anci tor saiti c�ur�ty,prr�u�aiiy' aP�eare:� � ��-�t.r.e.Ll '° r � - , ,�r known to me to be the pe on(s) described ' � and who e�ecuted � �-�,�e.� thP foregoing inst ment, and aci�owledged that he (the�) executed tt�e same as his (their) free act and deed. -7 " • JAMIE L.BOSNU � t-��c�!`�l�''�°`� " '' �� NOTARY PUBLIC-MINNE�'q NOTARY PUBLIC :' : HENNEPIN COUNTY � My Commissfon FxpNes,iil�Sf,� STA i E OF MINNESOTA ) ) ss. ��I,��i`� OF HE�T14TEPIN ) Q1 r�� ay of�_ _ _, 199_ befcre m.e a Notary Public witt�in and for sa;ci�,ounry,persor.aiiy 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. NOTARI' PUBLIC Page 5 of 5 Form 5005 DisN Orono •Y ` . , . . • RESOLUTION # 3 � 41 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) 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 199 5et�and that the same is a�truel and correct March 13 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 14 th , day of March , 19 95 . �+ .� � �� _ t ,i: ''�� {4 I K ��r t' ; . .. ,.t� ��)�< .r y�';� � � P.�a3�'� �� . � �sti � � �� ; Dorothy M. in, City Clerk � � �t�..�, �r r 4° a'` �, -. ; r4 �(+��}� y��1; r� }t�:/�. ia,.x ,�(•��' yr�,� ' . k :j � p {` +,a,',4 �T y.�� .. _... .�.�:;-. \,,�,�, � �'�x�+s�- . . ��y�.,. k/ {.�� et�t �, .� . 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