HomeMy WebLinkAboutResolution 1721 _ . � t .
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`;���' � RESOLUTION OF THE CITY COUNCIL
* � NO. 1721
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. A RESOLUTION GRANTING VARIANCES TO
MUNICIPAL ZONING CODE SECTION 10.24
SUBDIVISION 5 (B) - FILE �783
WHEREAS, I.D. Caples (hereafter "applicant" ) is owner
of the property located at 4798 North Shore Drive within the City
of Orono (hereafter "City" ) and legally described as follows :
Lot 10 and that part of Lot 9 lying Northwesterly of a line
running from a point on the Northeasterly line of said Lot 9
distant 15 feet Northwesterly from the Easterly corner of
said Lot 9 ,, all in Block 3, "Bergquist & Wicklund's Park,
.. ' Hennepin County, Minnesota" (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 the construction of a single family residence on a lot
� with 18,365 square feet in area where 43,560 sguare feet of area
is required, and approve a lot width of 75 feet where 140 feet of
width is required.
NOW, THEREFORE, BE IT• RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File No. 783 .
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Planning Commission reviewed this application �at
their July 16, 1984 meeting and recommended conceptual
approval of the lot area and lot width variances subject to
the successful vacation of portion of the adjacent Park
Avenue, noting that the additional land gained by the
applicant will increase the lot area to 18,365 square feet
or 0.42 acres, which area is consistent with the existing
neighboring building sites, and finding that no other land
is available for the applicant to acquire.
4. Applicant has made a good faith effort to acquire
• . additional property.
5. The highest and best use of the property appears to be
the construction of a home; the property would likely revert
to tax deliquency status if not allowed as a building site.
i 6. The proposal is consistent with the current pattern of
development in the neighborhood. '=�`
. 7��;��` ` Ci.t of ORONO
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^����� � RESOLUTION OF THE CITY COUNCIL
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7. Municipal sewer is available and has been assessed
against the property.
8. Access to the property via County Road 19 is on a curve
rendering this access location unsafe due to short sight
distance. �
" 9: Development of this property will require no further
variances to performance standards other than lot area and
width.
10. The adjacent portions of Park Avenue were vacated per
City Council Resolution 1720 on January 14 , 1985 .
11. 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
the effect of the proposed variance on the health, safety
• and we 1 f are of the community.
12. 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 di�trict; 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 demonstrable hardship o.r 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.
CONCLIISIONS, ORDER AND CONDITIONS �
Based upon the above f indings, the Orono City Counci 1
hereby grants a variance to Municipal Code Section 10.24`,
Subdivision 5 (B) to permit the construction of a single family
residence on a lot with 18 ,365 square feet in area where 43, 560
square feet of area is required, and approve a lot width of 75
feet where 140 feet of width is required , subject to the
following conditions :
1. Applicant shall pay the standard park dedication fee for
• this lot in the amount of $430. 00.
2. Applicant shall pay the standard $225.00 sewer plant
charge along with the standard building permit fees. .
3. Access to the property shall not be via County Road 19
but shall be via the existing platted Tonkaview access via
� Adams Street and Park Avenue.
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4. Applicants are hereby advised .that in approving the
development of this substandard property that all future
� improvements must meet the current standards of the code and
that a future council may not approve any improvement to the
property that �requires a variance.
' 5. The total improvement of the property is limited to
5 , 510 square feet of hardcover, including roofs , decks,
• driveways, sidewalks, patios , terraces, and tYie like.
6. Authorities gzanted by this variance run with the
property not with the applicant, 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 (January 14, 1986).
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 automaticall�y 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 resolution in the chain of title of
the property.
Adopted by the City Council on this 14th day of
January, 1.985.
ATT T:
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othy Hallin, City Clerk Mary C. B ler, Mayor
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(1 ) Property Owner
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� RESOWTION OF THE CITY COUNCIL
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� STATE OF MINNESOTA ) ' �
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COUNTY OR I�ENNEPIN ) '.
On this 3�5�_� day o� �,�� � , 19g5 , before me a �Notary
� Public within � and . for said County, personall a eared
Y PP
� � �� ���-� ., known to me to
• be the person (s) described in and who execut e d t h e f o r eg o i ng
, • instrument , and acknowledged that he (they) executed the same as his
(their) free act and deed .
MICHAEL fl. GAFFRO� .
���"'`"w.•••. NOTARY PUBLIC -
,f. ►� , NOTARY PUBI-IC CO`�.fY • . .
�E-�� HEF�1f�1EPIN �ss-r� . .
•� �� MY Commission ExPires June 11,
�''•�,:�' �et`Cts^"'.`�e�11
e��+�erao. � ._. �s,C n.1� l� � 1 l C7 /
, MY COMMISSI�N EXPIRES
, .
STATE OF MINNESOTA ) �
' . ) ss . � � .
` _ COUNTY OF HENNEPIN ) , - �
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. On this 3 � � day of ��nl�� , 1985, before me a Notary
Public within /� an for said County, personally appeared
_ � ��l P--�P�LI/� /d . �,�P k n o wn to m e t o �
. , be the person(s) described in and who executed the foregoing � �
{ instrument, and acknowledged that he (they) exeeuted the same as his
� (their) free act and •deed .
I . . . ` ' . . .
. . � . GAFFRON � c . � .
� - �! MIICHAEL P . NO ARY PUBLIC
f='"µw�"'' p10TARY PUBLIC-MINNESOTA
. . :.�y� �' . HEN{�!��1N COUNTY .
� MY�om'''ts'�G^���`res June 11,1987 .
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� � MY COMMISSIO EXPIRES . .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
The undersigned duly qualified and acting City Clerk of the
City of Orono hereby certifies that attached hereto is a true and
correct copy of the original Resolution passed by the City Council of
the City of Orono on January 14 0 19 85
approving A Resolution ran inaariances to Muni pal Zoning
Code Section 10 . 24 Subdivision_ 5 (BY _ on
file in the office of the City Clerk, City of Orono .
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Do othy M. allin, City Clerk
Dated this — day of C�� 196 ,3
( Seal )