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HomeMy WebLinkAboutResolution 3273 ' 1� ' r � O� O :. O CITY of ORONO • � ?���=� RESOLUTION OF TI��CITY COUNCIL a1 � D+ � e� �' � s� �,,� �. .��,� G��, NO. ���ESII�g'� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 1809 WHEREAS, Daniel and Barbara Hoffman (hereinafter "the applicants") are owners of the properry located at 1135 Heritage Lane within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 1, Fox Hill and that part of Lot 2, Block 3, Fox Hill beginning at a point on the east line of said Lot 2, distant 50 feet southerly at the northeast comer of said Lot 2, as measured along said east line; thence northwesterly to a point on the north line of said Lot 2, distant 107 feet westerly of the northeast comer of said Lot 2, according to the recorded plat thereof, Hennepin County, � Minnesota (hereinafter "the property"); and � WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a residence on a 1.1 acre lot where 2 acres is required; and to allow the construction of the residence 35' from the front lot line where 50' is required and 25' from the side lot line to the south where 30' is required. NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono, Minnesota: FINDINGS 1. . This application was reviewed as Zoning File #1809. � 2. The property is located in the LR-lA Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 19, 1993 and recommended approval of the proposed variances based upon the following � fmdings: • Page 1 of 4 � � � � � Fam5005ask0�onO ! i � . � �' CITY of ORONO O .,, O . � � . � .� � . ^1 -� RESOLUTIVO�N OF THE C 4ITY C�QUNCIL • � � �� � � � � � Y ���,�" _ � ���x og�G Es38 . A. The existing residence was severely damaged by fire, requiring nearly total replacement of the structure. B. The lot size is consistent with those in the neighborhood. � C. A conformi.ng on-site system can be installed to support the 3-bedroom residence. D. The lot is severely limited by topography and mature vegetation. 4. 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. � 5. The City Council fmds 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 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. 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 10.23, Subdivision 6 (B) to pernut � the construction of a residence on a 1.1 acre lot where 2 acres is required; and to allow the construction of the residence 35' from the front lot line where 50' is required and 25' from the side lot line to the south where 30' is required, subject to the following conditions: 1. As no alternate drainfield site is available for this properry, the applicant will be required to fence off the proposed drainf'ield site prior to the issuance of a building permit. � • Page 2 of 4 � � Fam5005 DlskOrone � °� O :. O CITY of ORONO • �� =��=� RESOLUTION OF �CITY COUNCIL � �� � � � � � � � �, '1 ti y� F, NO. ti '��9x og�G ESS . 2. Authorities granted by this resolution run with the property 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 (April 26, 1994). . 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 26th day of April, 1993. AT ST: � . � � ` . Dorothy llin, City Clerk ward J. Call an, r.., Mayor � �ba�.�. ���v � Property Owner (s) STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1993 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 , City. • CAROLE A. HASEMAN ' NOTARY PUBLIC-MINNESOTA � HENNEPIN COUNTY . - MY COMMISSION EXPIRES 8-23�96 Notary Public Page 3 of 4 . ���� . . . � ��' ITY of ORQ O O ;. O C N � � �;;=� RESOLUTION OF TI� CITY COUNCIL � ��'• ,9„ . E= :"; _ ,� � a� �, NO. � � G� ��;, . Y � ���� og�G , ESH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a�� day of ��r�'� , 199 3 before me a Notary Public within and for said county,personally appeared .�'Q�.b�c��J�, tfa�ma n Q,y,af. pa n i�l /�• l-�o�imahf Mar/`;Pc� 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. � LINDA S. VEE � NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY 1L�� - My commisslan expires 8-12�68 ' • ARY PUBLI . 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 ►�soos a�a� ���' CITY of ORONO O � O '' •,�. ,� RESOLUTION OF THE CITY COUNCIL ; �' � � ��� :� � � � � � F N0. I �'� s .� G,�, il �`9kESI'i�g� i � ; � A RESOLUTION GRANTING lA CONDITIONAL USE PERMIT � pER MUNICIPAL ZONING CODE �� SECTION 10.03, SUBDIVI5ION 19 AND A VARIANCE TO ` . SECTION 10.55, SUBDNISION 8 � FILE NO. 1807 : ( REAS, Susan Marie Sumey (hereinafter the "applicant") is the owner of the WHE � property located at 1330 Cherry Place witivn the City of Orono (hereinafter "City") and legal y described as: Lots 1 and 2, Block 11, Saga Hills Revised acc�ording t����and corded plat � thereof, Hennepin County, Minnesota (hereinafter property ), I WHEREAS,per Section 10.03, Subdivision 19 the applicant has made application _' for a conditional use permit to permit land alterations in excess of 100 cubic yards and a � variance er Section 10.55, Subdivision 8 as proposed land alterations are located within the � p lakeshore protected area where no such alterations are allowed. I NOW, THEREF4RE, BE IT RESOLVED by the City Council of Orono, i iMinnesota: � FINDINGS � This application was reviewed as Zoning File #1807.., , 1. ' is located in the LR-1B Lakeshore Residential Zoning District ' 2. The property consists of 27,930 s.f. or .64 acres. � , requiring one acre in area. The property � Commission reviewed the application on April 19, 1993 and � 3. The Orono Planning ' recommended unanimous approval of the proposed conditional use permit and variance as set forth above and based approval on the following findings and hardships: ' a, The lakeshore yard consists of steep bluffs/banks. i � � Page 1 of 4 � I . � . . � FamS005DiskOrono � � ^ ' a � O� ' O : O CITY of ORONO � `� �,��=� RESOLUTION OF TI� CITY COUNCIL �! ��' 3 Av t� ,� � i :��� ��, NO. � � � � ��9� og�G ESi; 1. Silt fence must be installed along the perimeter of the shoreline prior to any construction to protect the lake from erosion. 2. Applicant shall file for the legal combination of Lots 1 and 2. This must be completed before the City staff can issue a land alteration permit. Applicant's contractor must obtain a land alteration permit before the work can begin. � 3. Authorities granted by this resolution run with the properry not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this � variance/conditional use permit will expire on that date (May 10, 1994). 4. 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. • 5. The undersigned applicant has read, understood and hereby agree to the terms of ' this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this lOth day of May, 1993. AT ST: _�. ~ � Dorothy M lin, City Clerk Edward J. Call , r., Mayor � operty Owner(s) � • Page 3 of 4 Fam 5W5 Dist Omro . _ . . � O� O :. O CITY of ORONO � " � :�.=� RESOLUTION OF THE CITY COUNCIL ±� , � ��'„ ! L a;;:: �� NO. � � � � ��9� og�G . ESII STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of May, 1993, 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 City. CAROLE A. HASEMAN NOTARY PUBiIC^IMi�NESOTA HENNEPIN COUNTY �/r�l� �. �t��2.e�,.J ' -1 h„-coMM��or,aP�R�s�� � 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 a peared ` known to me to be the person(s) described in and who executed the f regoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. M JAMIE L BOSMA J� NOTARY PU�BUUGMINNESOTA • � /H�,E,�tJ�IEP�I�N�jC0IJN�fTY+ �f G� Cv yb� r �lM��m.uN�"�G'1�! N 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 instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 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