HomeMy WebLinkAbout#1984 Recorded Resolution 35086435047
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 0 8
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1984
WHEREAS, Steven M. Englund (hereinafter "the applicant") has an interest in
the property located at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and
legally described as follows:
L,0ts 8 and 9, Block 7, Crystal Bay View, Hermepin County, Minnesota (hereinafter "the
property"); and
\VHEREAS, the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence
on the undeveloped property containing 16,251 s.f. or 0.37 acre in area where the existing
zoning district would require 21,780 s.f. or 0.5 acre for minimum lot area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
1.
,..,
.) .
FINDINGS
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 Code Section 10.03, Subdivision 6 (A-1) indicates that "a lot of record
. . . may be utilized for single family detached dwelling purposes without Council
approval if area ... is within 80% of the requirements of the zoning chapter".
At .37 acre, the property contains only 74% of the .5 acre requirement, and
.therefore requires Council approval.
TRANSFER ENTERED
HENNEPIN COlt41Y TA>1!1AYl!R !SEAVI~
Page 1 of 4
JUN 6 \995
~ / , TY lNN.
sv·L~~DEPUTY
Form 5005 Disk Orooo
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 &1l O 8
4. The three member Orono Planning Commission reviewed this application on
November 21, 1994 and recommended approval of the variances as proposed,
based upon the following findings:
A. At just over 16,000 s.f. in area, the combined lots contain substantial area
for construction of single family residence without the requirement of any
variances to the zoning chapter.
B. Municipal sewer is avaiiable and assessed to the property.
C. Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres
of dry land, averaging about 0.55 acres. The combination of Lots 8 and
9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the
neighborhood.
D. There is no other land available for purchase in order to make the lot size
conforming.
5. 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
Zm:.ing Code and Comprehensive Plan of the City,
6. 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.
Page 2 of 4
form 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 ,FfJ Q R
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 single family det.ached dwelling on the property containing 0.37 acre in area
where the zoning district standards require 0.50 acres in lot area for such use, subject to the
following conditions:
1. A sewer connection charge of $225. 00 plus the current Sewer Availability Charge
shall be paid at the time of building permit issuance.
2. No variances other than the 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. Property ovmer is advised that a complete grading and drainage plan must be
submitted in conjunction with the building permit application.
4. Authorities granted by this variance run with the property not with the applicant,
but are pe1missive on1y 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 (December 12, 1995).
~\ Violation of or non-compii:mce with any of thf:' tenm: ~nd 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 Wis resolution in the chain of title of the
property.
Page 3 of 5
Form 5005 Disk Orono
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 0 8
The foregoing instrument was acknow ledged before me on this 12th day of
December, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instmment was executed on behalf
of the City.
~~-222<!~~~~
LINDAS. VEE
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
J ~d/.~~ ~~ Public
On this 1;-t.!l day of ;Vl a. v ____ , 199 5 before me a Notary Public
witru11 and for said county, personally appeareli S-+even In. E rill u.,,J ./-/11 df'f qre f fl. 013I v.rul-1 rnc1 rr,'etf
known to me to be the person(s) described in and who exec ted the foreg oing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S. VEE
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan . 31, 2000 . =-=,,,:
~vJJ _.~
NOTARY PUBLIC
Page 4 of 5
Form5005 OiskO<ono
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. r3 ff, (1l f~
day of ----------, 199 __ , before me a Notary Public
within and for said County, personally appeared _____________ ____ ---------------------------·-·
knovm to me: to be the person(s) described in and wi.10 executed the foregoing instrument, and.
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
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 instmment, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF },HNNESOTA )
) 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
ack..nowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 5
Form SOOS Disk Orono
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CI.TY OF OR.o~·o )
RESOLUTION # 3 5
I, Dorothy M. HallLn, 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
____ D....Ce'--'c~e=m.~.l.? , 19 -9-4-, 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 December , 19 9 4
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