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Home My WebLink About#2095 Recorded Resolution 3672\ 1 6565329 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 36 A RESOLUTION GRANTING A VARIANCE TO ::\flJNICIP AL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #2095 WHEREAS, Steven M. Englund (hereinafter "the applicantn) has an interest in property at 3855 Cherry Avenue ,vithin the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 9, Block 7, Crystal Bay View, Hennepin County, Mi1mesota (hereinafter "the prope1iy"); and WHEREAS, the applicant has applied to the City for a renewal variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a single family residence on the undeveloped property containing 16,251 s.f. or .37 acres in area vvhere the existing zoning district would require 21,780 s.f. or 0.5 acres for minimum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This cunent application was reviewed as Zoning File #2095. 2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zoning District requiring 0.5 acre minimum area for a building site. Municipal Zoning Code Section 10.03, Subd. 6 (A-1) indicates that "a lot of record . . . may be utilized for a single family detached dwelling purposes without Council approval if area ... is within 80% of the requirements of the zoning chapter". At .37 acres the property contains only 74% of the .5 acre ENTE+~1Efi'.equirement and therefore requires Council approval. HErll·~}!P!N COUHTl' TAXrfa,.Ytfi i:"::ff.'!GeS Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 7 2 4. The Orono Planning Cornmission revievved this application on Ja.riuary 16, 1996, and recommended unanimous approvai of the rtnewal variance as proposed based upon the following findings: A. Just over 16,000G s.f. ill area the combined lots contain sulx,tar1tial urea any additional variances to the z.oning chapter. B. Municipal sewer is cP•ailable and assessed to the property. C. The combined lots meet the required lot width of the zoning district. D. Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres of dry land, averaging about .55 acres. The combination of Lots 8 and 9 at .37 acre yield a lot size that is not inconsistent ,.vith other lots in the nc.i~;hborhoocl. E. There is no other land available for purchase in order to make the lot size conforming. F. The City ha:; gwrited previous lot area variances for this property in 1993 and 1994. 5. The City Cm.1ncil finds tlrni the conditions existing on this property nre peculiar .. ,) '1• . '• 1 !,,, l' ··' ..... ,,)!,, ';(•t,;•:-~,!L, ... ,,. r.fhnr l"'n'"'l'/H :,, iJ,j.., "()"1110-,-li<'frict· flied t .. \. l.tlJ 1 ... ~ \.1•._, .,\Jl '-'1----\•·J' b-.1, .. , ... '..\IJJ \'\.,' '--'~'.l...-, ,•~---1·--~-.,: U• .. ., .• •'-.•,~1.,_. ·····, -, '·"· granting ll1e vari:mcl~ would not adver~ely affect trai1ic conditions, tight, uir nor pose a fire hazard or other danger to neighborillg property; v,rould not n-1erdy serve as a convenience to the applicm1t, but is necessary to alleviate a dcmonsi:rnblc hardship or dif!lculty; ls necessary to preserve a substantial property right of foe applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive P!an of the City. 6. The City Council has considered this application including the findings and reconunenclations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the pwposed variance on the healih, safety and welfare of the community. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. /8 6', 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, Subdivisions 6 (B) to permit the constnictio11 of n singie family detached dwelling on the properly cuntaining 0.3 ·/ acre in area '-Vhere the zi:•riir;g district stani:brds are 0.50 acres in lot area for such use, subject to the following co11ditio11s: 1. A sewer connection charge of $250 plus the current Sewer Available Charge (SAC) shall be paid at the time of the issuance of the building permit. 2. No variances other than lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%, lot coverage limitation of 15%, and all other requirements of the applicable zoning chapters shall be adhered to. No further variances will be granted for development of this property. 3. The property owner is advised that a complete grading and drainage plan must be submitted in cot~unction with the building permit application. The City Engineer shall be responsible for reviewing and approving the grading plan prior to the issuance of a building permit. 4. Authorities granted by this variance run with the property not with the applicant, , , • · , 1... • 1 1 , • . • c• 1 •11 1 • nut are p.:1m1ss1vc 011iy mw must ue cxen:1seu oy ,tpp11caaon ror n .. :uuumg nennit \Vi!hin one vc;n of the dn!c 0f Council annrovul. or this variance will ,I, . • ... .. .l. expire on that date (February 12, 1997). 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 c,n behalf of hirnself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 6 7 2 Adopted by the Orono City Council on this 12th day of February, 1996. Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996, 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 rhe City. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2noo Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. :8 6 7 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 011 thi:, __ !1:±_h _______ cL.:~.! c,f fv'/a.f·e j ___________ , 199G _ ~1efore me ~ Norn.::' P,.1b1.ic \vilhinand for said county, ~Grsonally appea_red /3..1r:...KLJJ.JI, Fn:i·:iJ. ~ _ U19JrrefLJ2.1.Jiv..nsl j_' . -I. I · ',-t,·r1"\l;n ~tv·-...,...,e ro oe rr1·"' ""''"l·,--c ~' ,.t"<'Cr'll-.P.r• 'n ., n·-' .,,t...ll eve?Sute-l -· J~4,.,u.Y.~ _ _MftT°'c.::_ ___ .1.~, ' • ..I (_ J..,.._ ~ ... \...< l/._,.!..0 ,1.1,~j U\...u ~ .. u.J'--•il .U •. ,:.:..,,..._·:J \~!~~..,, A·\.., i.._l the foregoing bstruri-1ent, and acknowledged that he (they) exf;cuted the same as his (their) free act and deed. CAROLE A HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2noo STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) Ci.i l'l1is _________ c~y cf----------·--··-· 199 ______ before me a Notary Pubiic wiLhi.n and for said county, personally appeared _ kno,;.,n to IP"' to b"' tt"' •-·er"'r•·s\ de,·c·,..ih'"'c in ard \vt-~, ,,x,,,11 tP!1 ______________ .. . .._._. ~ J\..•.t! U-....t.~., J '-' .-.L. -._, _ J. , 1V __ ._.._.,._..,.1.. ,......., .. the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLJC Page 5 of 5 .'· .. : •,, .... STATE OF :MINNESOTA ) ) COUNTY OF HEi'mEPIN ) '\ I CITY OF ORONO ) RESOLUTION #S 6 '( 2 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 February 12 , 19-9.fi.., and that the same is a true and correct 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 13th -------day of February 19....9..6,_. I I r . , i I (y ~ ~ ~ \p, Y, ~ ~ ~ --... - .;"' I ts I ., "? tis , -< r.c b ::,: § c:, .::--;:J +:- J,.1 ,, '·'' ,•,, J) t . I J j f .r, .. , ' ,,., ,.,") ,:,,, ,,: ....._ I r.., c.., '·' I 1.:.,, 0 0 ~ .,, m m :0 rn 0 'Ti m l'}1 -