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Home My WebLink AboutResolution 3573 1 � • y �/4516'72 � . , :� 0,�. O O �� - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL 9kESIIDg'� NO. e� c5 '7 � A RESOLUTION GRANTING A VARIANCE TO MLTNICII'AL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2027 WHEREAS, Richard Lee Kail (hereinafter "the applicant"1 is the owner of the property located at 3753 Casco Ati�ema� ��itli.^. +��:e C'_t�, c?f Orn]2o ant� legalty d.Pscri'�ed as follows: Lots 7 and 8, Block 4, Casco Heights, Hennepin County, Minnesata (hereinafter "the property"); and WI�REAS, the applicant has applied to the City for a variance to Murucipal 2oning Code Section 10.25, Subdivision 6 (B) to �ermit construction of a new residence on a groperry that consists of 15,645 s.f. or .36 acres where the zoning district would require 21,780 s.f. and where existing lots of record would be required to meet 17,424 s.f. or .4 acre or SO%. NOW, THEREFORE, BE �!T RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2027. 2. The property is located in the LR-1C Lakeshore Residential Zoning District :equiring or.e-half acrP in area. 3. The Orono Planning Commission reviewed this application on June 19, 1995 and recoinmended approval of the proposed variance based upon the following unique findings and hardships: A. A single family residence has existed on the property for over 50 years. B. The property is served with municipal sewer and water. TRAN�FER ENTERED C. There is no adjacent land available to acquire except for the 14' ;ENNEPIN COUNTY TAXPAYER SERVICES unimproved public �lley to the east. If alley were to be vacated, applicant would receive 1,253 s.f. of additional area. J U L 17 1995 Page 1 of 4 IM iNN. BY DEPUTY t � , _ • - r � �� O o ��b - CITY of ORONO � , � '�' RESOLUTION OF THE CITY COUNCIL ��k'ESH04'�G NO. "° D. Existing improvements on the property encroach into the public right-of- way. E. The existing structure is located 18' from the street lot line where a 30' setback is required. ' F. Tl�� existun� str,�c�.�re is ?ocated 4' fr�m rhe east sid� lot line where a 10' setback is required. G. The subject property is consistent with the size and width of other adjacent properties in the immediate neighborhood. H. The new construction will have no impact on residential development as all drainage will drain directly to a ponding area on land owned by Ciry to south and west. 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 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 Cc�uncil 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 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 residence on a property that does not meet the required area for the zoning district and grants a variance of 6,135 s.f. or 28% (per Section 10.03, Subdivision 16 (A-1), variance of 1,779 s.f. or 10%), subject to the following conditions: Page 2 of 4 � � � °� 0 0 ��a-_� CITYof ORONO � ` � � G'�' RESOLUTION OF THE CITY COUNCIL ��'kESH�4� NO. �e� � � ;:`: l. Upon application for a building permit, applicant shall provide a survey locating designated wetland at the southwest corner and proposed house. Applicant shall also provide detailed grading and drainage plans. 2, The concrete pad located within public alley to be removed prior to the issuance of a buildin� permit for new construction. 3. Applicant to obtain a demolition permit for the removal of both the garage and house. The Building staff shall determine if detached garage can remain during the geriod of construction of new residence. Per Section 10.03, Subdivision 7, applicant may apply for a permit from the City that will allow applicant ta reside in the existing residence for a three-month period. 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 (June 26, 1996). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical?y 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 pr:;�ert;�. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of June, 1995. AT T: : �; ' � `/�./� ,� orothy 'M. llin, City Clerk Edward J. Call an, r., ayor " ,� � ; �-��'i��' �- ' Property Owner (s) Page 3 of 4 �. • � ' . � O� O O �A - CITY of ORONO � � F �� '�' RESOLUTION OF THE CITY COUNCIL 9kESH�4� ,vo. �3 5 7 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Ofono, a 1�Tiniiesota muiLcipafl corp�rution ar.d said ?.^.�LPJM�P_t Wa� exec�ted on behalf of the City. y~ JAMIE L.BOSNIA ;� • . . NOTARY PI�IIC-M�NNESOTA G�� ••• ' HENNEPIN COUNTY '•,...�° MyCommission6cpUes,�•3�.� Nota blic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �_�day of c�-- , 199 Sbefore me a Notary Public within and for said county,personally app r d � � — known to me to be the person(s) escribed in and who execute the for oing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �pMIE l.BOSMA � � � ��py p�.1�rMINNES0IA • ' ` t,�yComm�6��'�''31�� NOTA UBLIC . 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 4 of 4 i � � � .. a RESOLUTION # e� e5 "� 3 ' 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 Ciry Council at a 19 ee�and°that Sthe same is a�ruel and correct June 2 6 � �`Z- 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 � 2�th � day of June , 199 5 r k � . F;,.•y�, z ¢+� D`�{'��` ' , ` � ; Dorothy M. , City Clerk �. , `:�;.�; ;�.�-3 . ;�. �.. � �.;<� � � �:, ,�,� r. `� '_� h, � ; ,� _ � _._.. 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