HomeMy WebLinkAboutResolution 2008 . 1 .
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', ,� RESOLUTION OF THE CITY COUNCIL
� NO. 2008
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� A R$SOLIITYON GRANTING
A VARIANCL TO
MIINICIPAL ZONING COD$ -
____,_ SECTION 10.24, SOBDIVISION '5"'(°B) -
FILE #1029
WHEREAS, Leo and Neila Clifford (hereinafter "the
� applicants") are 'the owners of the property located at 4760 North
Shore Drive within the City of Orono (hereinafter "City") and legally
described as follows: .
Lots 5 and 6 , Block 3 , Bergquist and Wicklund's Park,
(hereinafter "the property"); and
. WH$RE�iSe the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to
• approve the construction of a residence on a substandard lot of area
17,030 square feet where 43,560 square feet of area is required, and
width of 10-0 feet where a lot width of 140 feet is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
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1. This application was reviewed as Zoning File #1029.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. This is a renewal application for variances granted
previously by the Council on November 13, 1984 per Resolution No. ,
1698 of record. The approval granted with that Resolution
expired on November 13, 1985 because the applicants failed to
apply for a building permit within the one-year time limit.
4. The Orono Planning Commission reviewed this application on
May 19, 1986, and recommended approval of the proposed variance
based upon the following findings: '
,
A) No other adjacent land is available to be combined with
the property.
eB) Sewer is available and the property has been assessed
for footage and one sewer unit.
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C) This lot is consistent with the existing development
pattern of the neighborhood.
D) The findings of fact of Resolution 1698 are still
appropriate.
5. There appear to be no other alternative uses of the property.
6. The building envelope for this lot with standard setbacks of
the LR-1B Zoning District is sufficient to develop a residence
and the ordinary driveways and appurtenant improvements while
still meeting hardcover requirements.
7. 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
communi ty.
• 8. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply general ly to other
property in this zoning district; that granting the variance
wou ld not adverse ly af f ect traf f ic conditions, 1 ight, 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 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.
CONCI�OSIONS, ORDB1t AND CONDITYONS
Based upon the above findings, the Orono City Council hereby
grants a variance to thetMunicipal Zoning Code Section 10.24, .
Subdivision 5 (B) to approve the construction of a residence on a
substandard lot of area 17,030 square feet where 43,560 square feet of
area is required, and a lot width of 100 feet where a lot width of 14.0
, feet is required, subject to the following conditions:
1. Payment of $225.00 sewer unit charge with the building
permit.
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2. Dedication of the platted portions of County Road 19.
• 3. No setback or hardcover variances will be granted. Maximum �
hardcover on the lot to be 5,109 square feet or less including
buildings, driveways, patios, decks, etc.
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4. Access to the property is to be gained via unimproved Park
Avenue to the north onto Tonkaview Lane.
5. Payment of standard building permit fees including SAC and
park dedication fee at the time the permit is issued.
6. Authorities granted 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 (June 9, 1987). �
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 automatically 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 Orono City Council on this 9th day of June,
198 -
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. � ' L�tir/�-
thy M. llin, C ty Clerk Mary C. tler, Mayor
Tim Ad s, Acting May �
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r perty ners
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STATE OF MINNESOTA )
- ) ss.
COUNTY OF HENNEPIN )
, On this �,��/j day of ' � / , 1986
before me a Nota y Pu}��ic y�ithin and for aid county, personally
appeared �� l �� o r known to me to be
• the person(s) described i nd who executed the foregoing .
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deecl. �
,
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" • � TARY PUBLIC
.�-. ....�c.urnH
`� NOTARi►P�1fC•�tt�IESOTA •
HENNEPIN(!0{lNT1f
My Comr�ission Expires Sept.5,1990 � , ) • / �
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- MY C ISSION EXPIR S
. S�ATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
' On this l � day of , 1986, before me
a Notar�� �ub ' c �w'thin andu for said ounty, personally appeared �
zt,p known to me to be the
person(s) descr ed in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. _ _
, NOTAR BLIC
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