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Home My WebLink AboutResolution 1649 r � � Ci.t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. . 1649 • • � • • A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ��' CODE SECTION 10 ..24, SUBDIVISION 5 (B) - FILE 831 . WHEREAS, Robert J. Haapala (hereafter "applicant") has an interest in the .property located at 4015 Dahl Road within the City of Orono (hereafter "City") and. legally described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter; thence South on section line 150 feet; thence West parallel with the South line of section 128 feet; thence North 150 .feet to the North line of said Southeast Quarter of the Northeast Quarter; thence East to • the point of beginning of Section 07, Township 117, Range 23 , - excluding the Northerly 18 feet thereof (hereafter "property") and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10 ..24, Subdivision 5 (B) to permit • construction of a new residence on a lot with 16 ,908 square feet in area instead of the required 43 ,560 square feet, approve a lot width of 128 feet instead of the 140 .feet required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota: • � ' � Findings: 1) This application was reviewed as Zoning File Noo 831 2) The property is located in the LR-1B Single Family Lake- shore Residential Zoning District 3) The Orono Planning Commission reviewed this application on � May 21, 1984, and recommended approval of the proposed variance based upon the following findings: a) Sewer is available. to the property . b) There is no available vacant land to be combined with the property . ' c) The proposed �application was approved by the Council � in 1981 � d) The proposed development of the property will create " � no traffic hazards nor� be detrimental to the public • health., safety, or welfare . , +� . , � .;::�:�;;; , • � �� Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1649 • - • � • • . �;�,Y y.,�;::,, 4) The City .Council has considered this application including the findings and recommendations of the , Planning Commission, reports by City staff, comments by. the owner and other interested persons, and the ' , effect of the proposed variances 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 variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to , alleviate a demonstrable .hardship or difficulty; is necessary to preserve a substantial property right of the owner; 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 variances to Municipal Zoning Code Section 10 .24 , Subdivision 5 (B) to permit the cons.truction of a single family residence on a property that consists of 0 .39 acre instead of the l.0 acre required with lot width of 128 feet instead of the 140 feet required, subject to the following conditions: 1) All buildings .to be located within the 'standard LR-1B . building envelope: 35 '..front; 30 °. rear; 10 ' side setbacks 2) Maximum hardcover on the lot to be .4,227 square feet or less including buildings, driveways, patios, decks, etc. - 3) No current or future variances granted for any other performance standards requirements 4) Payment of standard building permit fees including SAC � and Park Dedication Fee- at the time the permit is issued � � , • 5) Payment �of $1,081.45 sewer hookup charge with building . ` permit .' � - ` _ ' • , . . -2- _, ;,� `. • ,�.��;...,. • � c�t� o� oR,oNo RESOLUTION OF THE CITY COUNCIL NO. 1649 � • • - • • � 6) Owner/applicant placed on notice that the property is non-riparian to Lake Minnetonka and any attempt .on the part of the property owner to acquire lake access via an easement through an abutting lakeshore property will • , be consider an illegal act, in violation of the Orono _ , � Zoning Code and owner subject to prosecution 7) Authorities granted by this variance run with the property not with the owner, 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 (Jurie 14 , 1985) 8) Violation of or noncompliance 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 � • 9) The undersigned owner has read, understood and hereby agree to the terms of this resolution and on behalf of himself, his heirs, successors .and assigns, hereby agrees to the � recording of his 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 June 11, 1984 . . k ATT, T: CITY OF ORONO� , ��%� , . � • 'l C'ty .Cle Mayor Deputy Ci Clerk 1� � v�� . . . Property Owner s . 2) . Property Owner (s) , _3_ . . � , _ ,,�, . �; � Ci.t� o� ORONO • � _ . . RESOLUTION OF THE CITY COUNCIL . • NO. 1649 . - • � • • � . 'fi..'-4. . . STATE OF MINNESOTA ) � ) ss . COUNTY OF HENNEPI2�] ) On this _�T__ day o� ��L__ , 1984 , before me a Notary Public within and for said County, personally appeared D _�.,� -��p� 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 . ' , o�:,� , � MICHAEL P. GAFFRON OTARY PUBLIC . ��t � NOTARY PUBLIC-MINNESOTA �A� ' HENNEPIN COUNTY � �«r' My Commission Expires June 11,1987 � / ^� �i/(.N E� !%% MY COMMISSION EXPIRES . STATE OF MINNESOTA ) ' � . ) ss . • _ COUNTY OF HENNEPIN ) On this �_ . day of �p� , 1984, before me a Notary � Public ith' n a �� for aid Count ersonall a eared . Y. P Y PP 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 . • " . . � . . . � / � '��-�'✓ . - � . N ARY PUBLI - � �'�� JOHN R. �ERHARDSON • . � N'OTARY PUBUGI�AINNESOTA ' HENNEPIN COUNTY � ' ' �. ' '�'�.- Alqi comn�ta�M�f lqir+u 1D��N - : /U ` �`�/ . . ' . . . /� / "� ` " . � � � MY COMMISSION EXPIRES . . . � :,• .�. . . . ., � � • . . . . . . : . . . . , . , . . . � �•. ' • . • ti : �. . � . ' . ' � ' , . . . '