HomeMy WebLinkAboutResolution 3405 O
CITY of ORONO
'= RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1906
WHEREAS, George M. Roscoe (hereinafter "the applicant") is owner of the
property located at 4030 Elm Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lots 9, 10, 11, 12 and 13, Block 8, Minnetonka Summit Park Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City per Section 10.24,
Subdivision 5(B) to permit construction of a new residence on a property that consists of 32,800
s.f. where 43,560 s.f. or 1 acre is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1906.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area.
3. The Orono Planning Commission reviewed this application on March 21, 1994,
and recommended approval of the variance as proposed based on the following
unique findings and hardships:
A. The property is served with sewer.
B. A residence has existed on this property for approximately 50+ years.
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RESOLUTION OF THE CITY COUNCIL
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C. The new proposed structure meets all required setbacks of the LR-1B
Zoning District.
D. The building site is consistent in area with other home sites within the
Minnetonka Summit Park neighborhood.
E. The property meets the required lot width of 140' to the rear of the front/
street setback.
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 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.
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 10.24, Subdivisions 5 (B) to permit
construction of a new residence on a property that is 32,800 s.f. or .75 acres requiring approval
of 10,700 s.f. or 24.7% area variance, subject to the following conditions:
1. Applicant to provide grading detail on driveway to ensure drainage will flow to
south or Elm Street and away from residential property to the east.
2. Applicant must fulfill requirements of demolition permit that allowed the removal
of the former residence and detached garage. The removal of the foundation and
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RESOLUTION OF THE CITY COUNCIL
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other debris on site must be completed as soon as weight restrictions on roadways
are lifted or by June 1, 1994 whichever comes first.
3. 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 (March 28, 1995).
4. 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.
5. 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.
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O CITY of ORONO
.71 RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this 28th day of March, 1994.
A T:
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,Iborothy M lin, City Clerk Edward J. han, Jr., Mayor
I
Prope wner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of March,
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.
VSs LINDA S. r:.; Notary Public
NOTAPY PUBLIC - MINNESOTA
.,_�...:
HENNEPIN COUNTY
My commission expires &12-96
JJJ1000 >'
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C TY of ORONO
RESOLUTION OF THE CITY COUNCIL
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�9�ES .0
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �' day of ? a,,-cA , 199 before me a Notary
Public within and for said county,personally appeared In. Alo sc v e
known to me to be the persons) described in and who executed
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
E My commission expires 8-12-96 NOTARY PUBLIC
i
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this %' day of /fi dt,i , 199 5/ before me a Notary
Public within and for said county,personally appeared %/�! ��', ,�o�, e 2 , mr r";e ek
known to me to be the persons) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
aVEE
- MINNESOTA=HENNEP1N
((( COUNTYxpires 8-12-6 NOTARY PUBLIC
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RESOLUTION NO. 43 4 ® ,
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 meeting of said City Council held
on Maes—')H , 19-9—, and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto se-t my hand and seal this
29 h day of March 19 94
Y
o thy M H llin , City Clerk
(SEAL)
REGISTERED V01 O13PAGf Sd 18 IS
GOPY
OFFICE OF THE REGISTRAR
OF TITLW
HENNEPIN COUNTY,Mil M290TA
CERTWIED FILED ON
APR 2 8 1994.
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REGISTRAR AFRO
BY -----�1
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