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Home My WebLink About#3355-variance-1994 � .. � <;�,�.-�� Ft� �S� C�� . �' ��' CITY of ORONO O ,� O �;�� ,� RESOLUTION OF THE CITY COUNCIL � ��✓ �, NO. � � � � l � . ir,` �, ��9xE og�G . sK A RESOLUTION GRANTING A VARIANCE TO iViUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1883 WHEREAS, Steven M. En'lund (hereinafter "the applicant") has interest in the property located at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 9, Block 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence on the property containing 16,251 s.f. or 0.37 acre in area where the normal zoning district requirement for lot area is 21,780 s.f. or 0.5 an acre for single family detached dwelling purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1883. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District, requiring 0.5 acre in area for a building site. 3. Municipal Code Section 10.03, Subdivision 6 (A-1) indicates that "a lot of record . . . may be utilized for single family detached dwelling purposes without Council approval if area. . . is within 80% of the requirements of the zoning chapter". At 0.37 acre, the property contains only 74% of the 0.5 acre requirement, and therefore requires Council approval. Page 1 of 5 ro�wos a�o�o �' ��' CITY of ORONO O_h� O �,e�� RESOLUTION OF TI� CITY COUNCIL � ��K}- � � A- E:1 &',� ;,� ��; l7. �� r' . NO. °� -�� a , � c�► �� ; �, Gti �9kESI3�g'� . 4. The Orono Planning Commission reviewed this application on October 18, 1993, and recommended approval of the proposed variance, based upon the following findings: A. At just over 16,000 s.f. in area, the combined lots contains substantial area for construction of single family residence without the requirement for any other variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C. Developed lot sizes in the neighborhood ran�e from 0.14 acre to 1.5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the neighborhood. D. Their is no other land available for purchase in order to make the lot size conforming. 5. 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 community. 6. The Ciry Council fmds 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 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. Page 2 of 5 � iam SWS Di�k Ororo � ��' CITY of ORONO 0,:� ..� � O �.;;.,�_� � RESOLUTION OF TI� CITY COLTNCIL � �� 2 `s;� �, NO. � �-� `� �J :� ti ��9x ' og�G Es�i CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivisions 6 (B) to permit the construction of a single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards require 0.50 acres in lot area for such use, subject to the following conditions: 1. Lots 8 and 9 shall be legally combined prior to issuance of the building permit. 2. A sewer connection charge of $225.00 plus the current sewer available charge shall be paid at the time of building permit issuance. 3. No variances other than the lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%, lot coverage lunitation of 15%o, and all other requirements of the zoning chapter, shall be adhered to. No further variances will be aranted for development of this property. 4. Property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. 5. 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 (November 8, 1994). 6. 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. 7. 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. Page 3 of 5 Fo�saos d�o�o �' �`�' CITY of ORONO O � O - ,��b�"=� ,� - RESOLUTION OF THEiCIl l C�IJl\C� � ��. � �, � ,�l n) n/� r� � -, , {`� �, NO. '�,� �' Gti t9kEsHog'� � Adopted by the Orono Ciry Council on this 8th day of November, 1993. AT ST: Dorothy . H llin, City Clerk Edward J. Call n, Jr., Mayor �� m �C�. �' �• Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of November, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � =\�? t��u��- � Nota Public �.� o��. JAMIE L.BOSMA `' NOTARY PUBLIC-MINNESOTA • '� , ' HENNEPIN COUNTY �'•:�..•'" Aqy Cpnm.Expi�es 12-19-97 Page 4 of 5 Form 5005 DizY Ororo �' ��' CITY of ORUNO O , O `��,�,�,^> � RESOLUTION OF TI-� CITY COUNCIL � ��=�' �, NO. `_, � ti ��9x � og�G . ESH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � C �� day of � , 199 .'� before me a Notary Public within and for said county,personally� ppeared �, � f��--�:�.� -�,�� known to me to be the person(s) descri ed in and who executed the fore�oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L.BOSMA , �� , �� ,� . �! ``• NOTARY PUBLIC-MINNESOTA �� HQJNEPINCOUNTY TF T Y PUBLIC 1 My Comm.Ezpires 12-19-97 :� _.,_,_.�. �^—� ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �,� ,�� day of � , 199 � before me a Notary Public within and for said county,persona y appeared`7Z(�G � �. �r�-�w��_� � known to me to be the pe � n(s) describe n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , ,•., JAMIE L.BOSMA r• Np7pRY PUBLIGMINNESOTA � e.�`�� H�N�N couNrv NOTARY PUBLIC My Comm.ExA��12-19-97 _:.��....:.:.. _``""`�i��T Page 5 of 5 �am 5005 as4 doro