The URL can be used to link to this page

Home My WebLink AboutResolution 5634144 CITY of ORONO RESOLUTION OF IHE CITY COUNCIL NO. 3 d A RESOLUTION GRANTINGA VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 07-3295 WHEREAS, Jon M. Heidorn and Janene L. Heidorn, husband and wife, (hereinafter "Owners") are the owners of the property located at 3180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Lot 5, Block 2, and Lot 4, Block 4, Crystal Bay Park, and adjacent vacated Alley, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-330 to allow construction a replacement residence on a lot that is 99.6 feet wide when the minimum is 140 feet; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 18, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #07-3295 2. The Property is located in the LR -1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is approximately 1.21 acres in area and 99.6 feet in width. 3. The Planning Commission reviewed this application on June 18, 2007 and on a vote of 4 - 0 recommended approval of the variance, based on the following findings: a. The lot was created before there were subdivision regulations. Page 1 of 4 o��o CITY of ORONO RESOLUTION OF THE CITY COUNCIL \$EfsH04 NO. _ 5 6 3 4 b. A house had existed on the Property since 1910. C. There is no adjacent property the Owners could acquire to enlarge the lot. d. The proposed house would not be out of character with the surrounding area. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a replacement residence on a lot that is 99.6 feet wide when the minimum is 140 feet, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. The grading plan shall be revised to the satisfaction of the City Engineer and be attached to this resolution as Exhibit C. Page 2 of 4 rel Af 6Pti /� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5634 3. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before June 25, 2008 or the variance will expire on that date. 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of June, 2007. ATTEST: Linda S. Vee, City Clerk es M. White, Mayor a Jon M. H idorn ane L. Heido� m — Page 3 of 4 ti OF G~ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5634 This instrument was acknowledged before me this orb' daY of� 2007 by Jon M. Heidom, husband of Janene L. Heidom. IllllllllllJllllllYlllllllll lllJllllllllllllllll.rllllll, STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public — This instrument was acknowledged before me this �day of 2007 by Janene L. Heidom, wife of Jon M. Heidom. llllllllllllRACHEL lllllllll lull ✓ . � �� -` DODGE NOTARY ` 1 My Commission PUBLIC1 1 1 I`/I-✓J!I✓lull l✓Jill 111 Page 4 of 4 ZONING FILE NO. 07-J295 EXHIBIT A RESOLUTION NO. O h �y p II N IIa04 S 2 ^ dN dU1Q WYOJQry� �t nx O�K>JtiQ 0 b. a�x�o3 aa¢F— h F; Q Y z O N U I�W Ll: S li LL li L. li W W Q (n N l/� UI U1 VI IA 1- w O yp aoon�<�m� ,oj w w LI W W 0 J M O 00 O WLL YU O0_ w > y W Z �Z z �KYIn UZ Q li Vl � a U� O .li bl/r O ./�� Vl ZJ0. OI -O ph ul O (/ d j It m V 11^ IJ UJd } m O n ~ o0 II II II V�j II vi WwozU y J II N vai cd`i OL, z UtDU II > daw otY mow� 1 1p W aU�ma w� wmm 1, N d O (n ww >f- o o ow O h �y p II N IIa04 S 2 ^ dN dU1Q WYOJQry� �t nx O�K>JtiQ 0 b. a�x�o3 aa¢F— h F; Q Y N U I�W Ll: S li LL li L. li W W Q (n N l/� UI U1 VI IA 1- ry ,. O yp aoon�<�m� ,oj O h �y p II N IIa04 S 2 ^ dN dU1Q WYOJQry� �t nx O�K>JtiQ 0 b. a�x�o3 aa¢F— h F; n Y .4 `Yh i Y N y / 'ld,'L ' z n Y .4 `Yh i Y re a a ' z 0 J 00 YU O0_ w > y W Z �Z a K O m W O Y NFO j It m V 11^ p /Nj O Qto m F' ~ o0 wollo�S� > Jp JFK of M 0� OQa ry WwozU y nn FN> yr0 4Y1- M 11 z UtDU II > daw otY mow� 1 1p W aU�ma w� wmm 1, rex ma. ¢ an ww >f- o o ow 12Q -/ z n ZONING FILE NO. 07-3295 EXHIBIT B - Z RESOLUTION NO. 1� Q 2., < ... CIOOAAINOIS -------------- 3:M3OIS31i NNOMH Sb 1� Q 2., < ZONING FILE NO. 07-3295 EXHIBIT B—( RESOLUTION NO. uv..srv'M"i.wr.eoM nu-iers. ww oxoxo "'OOOM3NOIS 3JN3G/53NNWOC13H bd is l 9 I ar 1 ZONING FILE N0. 07-3295 EXHIBIT C RESOLUTION NO. ..o IWX 0-75 7400SF/0.16 X 0% �Pmak; FFE'=944,5+jf k� c E_ORC C VE 'EXISTING/ °o g4e .NGS\ sPo � J /h ;ED ELEVATIONS FLOOR=946.75 -OOR =946.0 NT FLOOR=935.7"'�^ •. a'`"r COURT = 932.5 3' ' (REVSD 5/11/07) (REVSD 5/21/07) a'T DRve 3180 NORTH SHORE DRIVE 480 17-23-32-0009 s 9s RIPTION: A�9. ;K 2, AND LOT 4, BLOCK 4, CRYSTAL BAY PARK, NT VACATED ALLEY, HENNEPIN COUNTY, MN. r99QM ';F/ 1.21 Ar VERIFY ALL SETBACKS WIT[ . � � O� O O CITY of ORONO a � ti �� G�' RESOLUTION OF T� C�ITY COUNCIL �kE8Yi0g' NO. �� 3 g A RESOLUTION ADOPTING THE DAKOTA RAIL DRIVEWAY EASEMENT ASSESSMENT ROLL WI�REAS, pursuant to proper notice duly given as required by law,the Council has met and heard and passed upon all obj ections to the proposed assessment for the a.cquisition of a driveway easement in the Dakota Rail right-of-way to serve properties on Crystal Bay Road. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: 1. Such proposed assessment, a copy of which is attached.hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named.therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monda.y in January 2008 and shall bear interest at the rate of 6.25%per annum from the da.te of the adoption of this assessment resolution. To the first installment sha11 be added interest on the entire assessment from the da.te of this resolution until December 31, 2008. To each subsequent installment when due sha11 be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property,with interest accrued to the date of payment,to the City Treasurer,except that no interest sha11 be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at anytixne thereafter,pay to the City Treasurer the entire amount of the assessment remaining unpaid,with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 � o� 0 0 CITY of ORONO � � ti ��i� �G~' RESOLUTION OF THE CITY COUNCIL `�x'EsKo�`' No. 5 6 3 8 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same ma.nner as other municipal ta�ces. Adopted by the City Council of Orono this 9�'da.y of July,2007. ATTEST: _ � � ��P_:e.._ �!�f� Linda S. Vee, City Clerk J es M. White, Mayor Page 2 of 2