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Home My WebLink AboutResolution 3431 � �, - �, � ��' CITY of ORONO O .,, � � O • . ;:,�� RESOLUTION OF THE CITY COUNCIL ° � ��'. ' ;� � ,�, � �'� yk� ti No. � 4 31 ;. ��, ti �� og�G EsH A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 5 (B) FILE NO. 1920 WIiEREAS, Phillip M. Otto (hereinafter "the applicant") is the owner of the property located at 4116 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 5 (B) to permit the construction of a new residence that will be placed 14' from the street lot line where a 35' setback is required and 3' from the west side lot line where a 10' setback is required on a property that measures 80' in width where 140' • width is required and where the area of the lot is 16,888 s.f. where 43,560 s.f. is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1920. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre or 43,560 s.f. in area. The property consists of 16,888 s.f. or .39 acres. 3. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended unanimous approval of the proposed variances based upon the following findings: A. The property is served with sewer. � • Page 1 of 4 ro�soos o��ao� � �� O : O CITY of ORONO • �\�'�� "' RESOLUTION OF THE CITY COUNCIL �, � � �, � �,1 °:��;� �, No. 3 4 31 Y, � �� , O��G EsK B. A residence had existed on the property for over 40 years until it was destroyed in a fire in 1989. C. The size and width of the lot is consistent with other properties within the Highwood Road neighborhood. D. The original residence was located 13' from the street lot line and 3' from the west side lot line. E. The new principal structure will be located 23' from the street lot line and a deck 14' from the street lot line and 3' from the west side lot line. 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. r 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 variances to Municipal Zoning Code Section 10.25, Subdivision 5 (B) to .permit the construction of a new residence requiring a lot area variance of 26,672 s.f. or 61%, a lot width variance of 60' or 43%, a street setback variance of 21' or 60%o and a side setback variance of 7' or 70%, subject to the following conditions: � Page 2 of 4 • ror�soos o��oro�o r J / �� ' � O� O : Q CITY of ORONO • `� �;��=� . RESOLUTION OF THE CITY COUNCIL r� �� ' '' . � ,� � �y `.a�t� ��, NO. `e� � � � • '�'�`qk' Og''�'G E3I; 1. Lots 39 and 43, Highwood Lake Minnetonka shall be legally combined prior to � the City issuing a building permit for the new construction. 2. Applicant to provide detailed grading and drainage plans with application for building permit to ensure drainage follows existing pattern and to address the stabilization of all disturbed higher elevations within street yard. 3. All improvements of this property shall be limited to 30% hardcover. 4. 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 (May 23, 1995). 5. 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. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting � held on the 23rd day of May, 1994. AT ST: � or M. a in, City'Clerk Edward J. Callaha , Jr., ayor Properry wner (s) ! � • Page 3 of 4 r«msoos o��ao�o � r A . . . �1V' TY of ORONO � C� O .� O � • '�� RESOLUTION OF THE CITY COUNCIL +-� ,�'�� ' D" NO. � � � � . . ,� �� h • �� , b, '�ti, . ��kE3T�I�g'� STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing insmunent was acknowledged before me on this 9th day of May, . 1994 by Edward J. Callahan, Jr. and Dorothy M. Ha1��M�ae��de e u ed on behalfCof the Orono, a Mumeso t a m u n i c i p a l c o r p o r a t i o n a n d s a i d City. CAROLE A. HASEMAN NOTARY PUBII�MWNESOTA �' HENNEPIN COUNIY -� eiv co�aMissror�Exau�s e-x+�9a ,� Notary Public STATE OF MINNESOTA ) � ) ss. • COUNTY OF HENNEPIN ) 199 �before me a Notary Public within On this ��ti day of — ersonall a eare , � • � r�� ' and for said county,p Y PP � known to me to be the person(s) described in an who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN �. NOTARY PUBLI�MINtJESOTA HENNEPIN COUN'tY -'� MY COMMISSION D(PIRE9&2398 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) , 199 before me a Notary Public wittvn On this day of — 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 Fqm 5005 Oit�� _-�- . . .-; . � . ' � 4 � 1 � � Exhibit A ihat part of Lot 38 , Highwood , Lake Mir�netunka , described � as follows : Commencing at the Northeasterly corr�er of said Lot; thence 5outhwesterly along the Southeast�rly line �f said lot a distar�ce nf 98 feet to the p� int �f beyiri� iriy o� the pr�uer•ty �e i ny descr i bed ; therice defi l ect i r�y r iyt�t 69 deyrees a distance or 6 . 2 fieet ; thence deflecting left 90 deyrees to said Southeas�eriy li. ne ; thenc;e Northeasterly tu the �uint uf beginniny , accordiny tu the �ldt t,�ereu� un � fiile or of rec�rd in the ofirice of the Reyistrar of Titles 1n and tur sdtd County . ALSO � That udrt o� Lot 40 , Hiyhwuod , Lake Miiinetuiika , lyiriy South►vest�rly ur the 1 in� drawn frum a point on the ��orth- westerly line ut said lot , distant 22 fieet fdurtheaster• ly � from the Southwest corner �f said . lot , to a poi �it on the rn�st Southeaster� ly line �fi said l�t , disidrit 12 i�eet N�rth- easterly rr•um said South�,rest corner , according to the �lat there�t un file ur �f record in the ufifiice ot the R�yistr•ar of �itles in and i�r• said County , ALSO Lot 3U , Highwood , Lake hlinnetonka , acc�rdiny t� the Nlat thereufi on tile �r• ofi record iri the office ot the keyistrar of Titles in ar�d fi�or saiu Cour�ty . ALSO . . Lot 43 , Hiyhwood Lake Minnetonka . •