HomeMy WebLinkAbout#3753 - variance !� - • -
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'ti� RESOLUTION OF THE CITY COUNCIL
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�kESH�¢� NO.
A RESOLU'TION GRAN"T�'G A VARIANCE
TO �fUNICIPAL ZOiVTi�'G CODE
SECTION 10.2�, SUBDIVISION 6 (B)
FILE NO. 2027
«'�-�REAS, Richard Lee Kail (hereinafter "the applicant") is the owner of the
property located at 37�3 Casco Avenue within the City of Orono and legally described as
follows:
Lots 7 and 8, Block 4, Casco Hei�hts, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
ZoninD Code Section 10.25, Subdivision 6 (B) to permit construction of a new residence on a
p r o p e r t y t h a t c o n s i s t s o f 1 5,645 s.f. o�0 6d be re u redtto meet 17d,424 s.f. orl 4raqreror 8 0%O
s.f. and where existing lots of record q
r,•pW, T-gEREFpRE, BE IT RESOLVED by the Ciry Council of Orono,
Minnesota:
FIl�TDIl�'GS
1. This application was reviewed as Zoning File �2027.
2, The propert}� is located in the LR-1C Lakeshore Residential Zoning District
requirin� one-half acre in area.
3. The Orono Planning Commission reviewed this application on June 19, 1995 and
recommended approval of the proposed variance based upon the following unique
findinas and hardships:
A. A sinale family residence has existed on the property for over �0 years.
B. The propert}� is served with municipal sewer anci water.
C. There is no adjacent land available to acquire except for the 14'
unimproved public alley to the east. If alley were to be vacated, applicant
would receive 1,253 s.f. of additional area.
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�'',� G'ti� RESOLUTION OF THE CITY COUNCIL
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D. Existin� improvements on the property encroach into the public right-of-
«�av.
E. The existin� structure is located 18' from the street lot line where a 30'
setback is required.
F. The eYisting structure is located 0' from the east side lot line where a 10'
setback is required.
G. The subject property is consistent with the size and width of other adjacent
properties in the immediate neijhborhood.
H. The new construction will have no impact on residential development as
all drainage will drain directly to a ponding area on land owned by Ciry
to south and west.
4. The City Council finds that the conditions existinJ on this property 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 neighborin� 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 keepina with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application includin� 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.
CO\CLUSIO?�'S, ORDER �\� CO\�ITIONS
Based upon one or more of the above findinas, the Orono City Council hereby
arants a variance to Municipai Zonin� Code Section 10.2�, Subdivision 6 (B) to permit the
construction of a residence on a property that does not meet the required area for the zonin�
district and �rants a variance of 6,135 s.f. or 2890 (per Section 10.03, Subdivision 16 (A-1),
variance of 1,779 s.f. or 1090), subject to the followin; conditions:
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�\�',� �' �/ RESOLUTION OF THE CITY COUNCIL
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l. Upon application for a building permit, applicant shall provide a survey locatin�
desianated wetland at the southwest corner and proposed house. Applicant shall
also provide detailed gradin; and draina�e plans.
2. The concrete pad located within public alley to be removed prior to the issuance
of a buildin� permit for new construction.
3. Applicant to obtain a demolition permit for the removal of both the garage and
house. The Building staff shall determine if detached garage can remain durin�
the period of construction of new residence. Per Section 10.03, Subdivision 7,
applicant may apply for a permit from the City that will allow applicant to reside
in the existing residence for a three-month period.
4. Authorities granted by this variance run with the property not with the applicant,
but are pemussive only and must be exercised by application for a buildin�
permit within one year of the date of Council approval, or this variance will
expire on that date (June 26, 1996).
5. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zonina code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6, The undersianed applicant has read, understood and hereby a�rees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees 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 re�lar meeting
held on the 26th day of June, 199�.
AT ST:
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orothy M. al n, City Clerk Edward J. Callahan r., Mayor
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roperty Owner (s)
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1\ �',� �'�� RESOLUTION OF THE CITY COUNCiL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foreQoin� instrument was acknowledged before me on this 26th day of June,
1995 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.
,
JAMIE L.BOSMA • �
` NOTARY PUBUC-MINNESOTA �yyr�Lz.i r
; HENNEPIN COUNTY N���, 11C
•'e' Commission Expires Jan.31,2000
MY
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
��i � 199� before me a Notary Public within
On this a 7 day of �� � � .
and for said county,personally a ea ed / '
l:nown to me to be the person(s escribed in and who executed the fore n� instrument,and
acknowledged that he (they) executed the same as his (their) free act andvdeed.
e «•. JAMIE L BOSMA � ��,�,,�,�-
'�' `' ' NOTAAY PUBUC-MINNESQTA �Q�-c,c.¢..��.
��; HENNEPIN COUNTY NOTA PUBLIC
My Commission Ezpires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said counry,personally appeared
known to me to be the person(s) described in and �;�ho executed the foreaoin� instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
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