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Home My WebLink About#1051 Recorded Resolution 2032·. .. 5206864 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2032 AltBSOimIOIIGRAftIIIG A VARIAIICB TO IIOIIICl'.PAL IOIIDG CODB Sl!IICTIOII 10.24, SOBDIVXSIOII 5 nLB 11051 -;:;: ·':.?; ~~ ... ~ .. ~~11 iD r •. ' ... ~· ..... ~. ~ .. , : • ~ • ": • ·; !"t:f•or,s JAN S JS87 /---J _/ . HfNNfPIN C6~N / CT ~H'UTY . . . -'\. C;:::> C. (BJ lfBBRBAS, Ronald Glesne {hereinafter •the applicant•) is the owner of the property located at 1475 Cherry Place within the City of Orono (hereinafter •city•) and legally described as follows: Lots 8 and 9, and that part of Lot 7, lying Southerly of a line hereinafter referred to as •tine A• drawn Westerly from the midpoint of the Easterly line of said Lot 7 through the midpoint of the Westerly line of said Lot 7, Block 5, •crystal Bay View•, together with that portion of the Westerly half of Cherry Avenue vacated lying Southerly of the Easterly extension of said •tine A•, and Northerly of a line drawn from the Southeast corner of said Lot 9 Easterly to the Southwest corner of Lot 9, Block 4, All in •crystal Bay View•, according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, Minnesota, ALSO, the South 125 feet of the North 250 feet of the south 1074.7 feet of that part of Government Lot 5, Section 7, Township 117, Range 23 which lies Easterly of, the center line of the County Road as now opened and traveled near the East line of said Section 7 and as shown on the plat of Highwood, Lake Minnetonka, (hereinafter •the property•); and IIDltBAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a residence on a property containing 0.64 acres where 1.0 acre• is normally required, and of width 125 feet where 140 feet width is normally required. ■OIi, TDltBPORB, BB IT USOLVBD by the City Council of Orono, Minnesota: PDIDIIIGS l. Thia application was reviewed as Zoning File 11051. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, and recommended approval of the proposed variance baaed upon the following findings: Pagel of 4 i t 5206864 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2032 A RBSOLUUOII GRlftIIIG A VARIAIICB TO lltJIIICIPAL IOIIIIIG CODB SBCTIOII 10.24, SUBDIVJ:SIOII 5 ni.z 11os1 (B) :::-:.?; ·.:4 ... -... ~-, ~ ~D f•. f ,.!· • .•·••• ~ .. ~ ~J. t .,: .. ·: ?'Tl•O[)S mms, Ronald Glesne {hereinafter •the applicant•) is the owner of the property located at 1475 Cherry Place within the City of Orono (hereinafter •city•) and legally described as follows: Lots 8 and 9, and that part of Lot 7, lying Southerly of a line hereinafter referred to as •Line A• drawn Westerly from the midpoint of the Easterly line of said Lot 7 through the midpoint of the Westerly line of said Lot 7, Block 5, •crystal Bay View•, together with that portion of the Westerly half of Cherry Avenue vacated lying Southerly of the Easterly extension of said •tine A•, and Northerly of a line drawn from the Southeast corner of said Lot 9 Easterly to the Southwest corner of Lot 9, Block 4, All in •crystal Bay View•, according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, Minnesota, ALSO, the South 125 feet of the Horth 250 feet of the South 1074.7 feet of that part of Government Lot 5, Section 7, Township 117, Range 23 which lies Easterly of, the center line of the County Road as now opened and traveled near the East line of said Section 7 and as shown on the plat of Highwood, Lake Minnetonka, (hereinafter •the property•): and WDJtBAS, the applicant has applied to the City for a variance to Municipal zoning Code Section 10.24, Subdivision 5 (B) to permit the conetruction of a residence on a property containing 0.64 acres where 1.0 acres is normally required, and of width 125 feet where 140 feet width is normally required. ■OIi, ftlBUPOaB, BB IT USOLVBD by the City Council of Orono, Minnesota: PDIDIIIGS 1. This application was reviewed as Zoning Pile 11051. 2. The property is located in the LR-1B Single Family Lakeahore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, and r£commended approval of the proposed variance based upon the following findings: Page 1 of 4 ·•··. ···-····~-"""-""'--·-···---""""'~1''•• i .. . ,·,, ,\'. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 2_0_3_2 ___ _ This lot was created and approved as a buildable lot by the ty Council in 1971, in effect granting a variance to the l acre zoning code in effect at that time. That variance is deemed to have expired as of the January 1, 1975 zoning code, necessitating granting of a renewal variance at the present. B) The lot area and width is consistent with existing developed lots in the immediate neighborhood, and is not inconsistent with other lots currently developed within the LR-lB zoning district. C) The lot has remained as a separate tax parcel since it was created. D) Sewer is available to the property. However, the sewer unit assessment has never been paid. E) The property has legal access to County Road 151 (North Arm Drive) and potential secondary access over vacated and unvacated portions of Cherry Place. 4. A rear lot line setback minimum of 50' rather than 30', for the principal residence would ensure an adequate degree of setback consistency with other existing houses in the immediate neighborhood. s. 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, sa~ety and welfare of the community. 6. 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 demon strable 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. COIICLDSIOIIS, OltDIDl AIII> COIIDI'l'IOIIS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a residence on a property containing 0.64 acre area and 125 foot width where 1.0 acre area and 140 foot width are normally required, subject to the following conditions: 1. A sewer unit assessment of $1,270.00, standard $225.00 Sewer Trunk Unit Charge, and $390.00 Park Fee shall be collected at the time a building permit is issued for this property. Page 2 of 4 .t~: 1986 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2032 2. Total hardcover on the property shall not exceed 301 or approximately 8,350 s.f. 3. Access to the property shall be via Cherry Place and vacated Cherry Place over easements granted by the applicant and adjoining property owners. 4. The east lot line of this property coincides with the center line of vacated Cherry Place and shall be considered the front lot line. A front lot. line setback of so• shall be required for the principal structure on this property. No accessory structures may be located in the front yard. s. The west lot line of this property, coinciding with the right-of way line of County Road 151, shal 1 be considered as the rear lot line. A special rear lot line setback of 35' shall be required for all principal or accessory structures on the property. 6. Authorities granted by this ?ariance run with the property not with the applicant, but are permissive only and iqp.st 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 (Augu ■t 11, 1987). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 reaol}JtJ.Oit,,ti}; the chain of title of the property. _..:, -t-\l-+.:.IJ.J :'', ·<· -,~ptt~y the Orono City Counci 1 on this 11th day of August, • , ',,..... _,_ .•. / '1 '; .' ••I I •,, \'.:'f;.>.a,•_,.> 't't'. .. :'·1~1 ,·,.~~:.·•·· 'Pl'B'fl' , : . . :_ . .,_ ... ;J·~·."•r.: .. ~,.•:;,"'1; : : \/=f. f:-: ~:~~itj?t;f :·. l ... ·.,.•••V .,-4~ ., 1'""• -\ ' ~ .. • Mary c. Jut er,Mayor d,,714 m&:$1~ Page 3 of 4 ~)£ef..d-4?1rl-" City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 2_0_3_2 ___ _ STATE OP MINNESOTA ) ) ss. COUH'l'Y OP HENNEPIN ) On this /~ day of A-u&c-ls.r , 1986 before me a Notary Public within and for said county, personally appeared ec,fi,.,.,,e M, ~e ~s. known to me to be the persons) descr bedn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OP MINNBSOTA) )as. COtnlTY OP BEHNBPIN) On this 'i.fl-c./t.. day of Avt.tsr , 1986, before me a Rotary P c within and foisaid County, personally appeared ~ffl • ~~S known to me to be the persona deac~ dn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC / ~· MY COMMISSIOi' EXPIRES Page 4 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2032 STATB OP MINNESOT~ ) ) ss. COUNTY OF HENNEPIN ) On this 22-,.,~ day of /4.r.u.s.r , 1986 before me a Notary Public within and for aaid county, personally appeared fp,.,7'W L. G ~CE RP l,,u,g(A €. (;,A:flifflf known to me to be the personll descrbed in and who executed the foregoing instrum~nt, and ~cknowledged that he (they) executed the same aa hia (their) free act and deed. ., ............. ., ......... ,,,,,. .... -~~,.' .-J i, MICHAEL P. GAFFRO:..t IIOrNIY~•.....aTA · HENNEPIN COUNTY l\'011 1•1•--..-11.1117 STATB OP MINNESOTA) )sa. COtnrl'Y OP HENNEPIN) v!2e¥ NOTARY PUBLIC MY COMMISSYON EXPIRES on this __ ..,,..., __ ......., __ day of __ ...,..,,,_,,,__, ___ , 1986, before me a Rotary Public within and for said County, personally appeared known to me to be the peraon(s) described In and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSIOK EXPIRES