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Home My WebLink AboutResolution 3387 . _ � � ��' CITY of ORONO O .:�,,� _ � • . ;�,�=� RESOLUTION OF THE CITY COUNCIL ,� ��. ' .., ,�,, „� � , 'd� �, NO. :� � _ � ti ti �� o¢�G ES�I A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 1904 WI�REAS, Eric and Shelly Liljequist (hereinafter "the applicants") are the owners of the property located at 3490 Birch Lane within the City of Orono and legally described as follows: Lot 2, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and . WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a 34' x 34' residence on a property that consists of 13,894 s.f. or .32 acres in area and where 21,780 s.f. or .5 acres • is required and a lot width variance as property measures 43' at the 929.4 or Ordinary High Water elevation of I.ake Minnetonka and 60' at the 75' setback where a 100' width is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � � Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1904. 2. The property is located in the LR-1C Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 13,894 s.f. or .32 acres. 3. The Orono Planning Commission reviewed this application on February 22, 1994 and recommended unanimous approval of the proposed variances based upon the following findings: A. Applicants seek only lot area and lot width variances for the proposed construction of a new residence. • B. A residence has existed on this property for over 50 years. Page 1 of 4 � Fam 5005 Disk Orom � - � ��' CITY of ORONO O .,� O • �',��=� RESOLUTION OF THE CITY COUNCIL � �� `�' '�:. �" e� � � � ,� � �, �� , NO. Y � ��9� Og�G . ESi; C. There is no adjacent lands available for applicants to acquire. D. Hardcover shall be maintained below 25% within the 75-250' setback area. E. There are no hardcover improvements within the 0-75' setback area. , F. The property is served by municipal sewer. 4. The City Council finds that the conditions existing on this properry 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 properry; 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 � recorrunendations of the Planning Commission, reports by City staff, cominents 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 fmdings noted above, the Orono City Council " hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 1 (B) and 2 to permit the construction of a new residence structure on the property that consists of 13,894 s.f. or .32 acres with a variance of 7,886 s.f. or 36%-and a width variance of 57' or 57%, subject to the following conditions: 1. Hardcover within the 75-250' setback area is proposed at 2,194 s.f. or 21.9%. Applicant is advised that there is 300 s.f. for additional hardcover improvements. 2. Authorities granted by this resolution run with the properry not with the applicants, 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 28, 1995). Page 2 of 4 ' Fam 5005 Disk Orono , a. � O� O . Q CITY of ORONO • -�°�?��=� RESOLUTION OF TI� CITY COUNCIL � �� '' "�" f� ¢� `a � ,� � �,. � � �, NO. � ti ti '��9� � o��G EsH 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree 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 28th day of February, 1994. AT ST: . • ' _� � orothy M. al in, City Clerk � ward J. Callah , ., Mayor 2- �\ � �'/ � _ Prope !9wner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of February, 1994 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 Ciry. `�6Gbf��J�_��/ .��rl�s��J CAROLE A. HASEMAN No�y public NOTARY PUBLlC-6�tNNESOTA " ,' HENNEPIN COUNTY - MY COMtAI�SION EXPIRES 623�96 • Page 3 of 4 Fam 5�05�Disk Oiono , . � ��' CITY of ORONO �-��.� � � • . ;e1 � � RESOLUTION OF THE CITY COUNCTL '� �� `'' ,�" e� � � � ,� � �Y ��=�' �, NO. ti ��9� og�G EsK STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a�� day of �e r r , 199 � , before me a Nota Public uo within and for said County,personally appeai d ��,'c C..'�I'e u%s�- � S e�/ 1P C.� '�e % ��.,ar�;-�� known to me to be the person(s) described in and who exe ted the foregoin instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ;' .�, LINDA S. VEF �ii�et/✓ ,� U�� y ' �. NOTARY PUBLIC - MINNESOTA „,� HENNEPIN COUNTY Notary Public � �;;,�: My commission expires&12-98 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 Fam 5005 Uisk Orono