The URL can be used to link to this page

Home My WebLink About#3508-variance-1994 � � ��'``;, CITY of ORONO ;,,0 :,, O, 'i �;.�>�,T� �� RESOLVTION OF THE CITY COUNCIL I��I r� ,��_>, ��' i�tp, ��?, ':, � � � `'�► ' �� r ti �l�' �;� ��j� �k'E3HOg'� A RESOLU'TION GR?�'v'TLNG � V�NCE TO I��TLfiZCIPAI, ZOi�tIl`�G CODE SECT`IOti 10.2�, SLBDIVISION 6 (B) FII,E #1984 ��'HEREAS, Steven �1. Enalund (hereinafter "the applicant") has an interest in the property located at 385� Cherr�� Avenue within the City of Orono (hereinafter "Ciry") and legally described as follo��s: Lots 8 and 9, B1oc?c i, Crystal Bay View, Hennepin Counry, Minnesota (hereinafter "the propet.t�,"); and �VHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.?�, Subdivision 6 (B) to permit the construction of a single family residence on the undeveloped property containin� 16,251 s.f. or 0.37 acre in area where the existing zonin� district would require 21,780 s.f. or 0.5 acre for minimum lot area. NOW, TH�REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FL\�INGS 1. This application was reviewed as Zonin� File #1984. 2. The property is located in the LP.-1C, Single Family Lakeshore Residential Zoning District, requiring 0.� acre mini�mum 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 sinale family detached dwelling purposes without Council approval if area. . . is within 80% of the requirements of the zoning chapter". At .37 acre, the property contains only 74% of the .� acre requirement, and therefore requires Council approval. Page 1 of 4 Fam 500:D�v �' ��' ��, CITY of ORONO O :, O,� ��:�.'�� 'i�I RESOLUTION OF THE CITY COUNCIL , , c� ^„ �` � �i��'�� ,' NO. � � V '� ' ' G � � ��; a;. , 9�E„ '��g,� 3H 4. The three member Orono Planning Commission reviewed this application on November 21, 1994 and recommended approvai of the variances as proposed, based upon the followin� findinas: A. At just over 16,000 s.f. in area, the combined lou contain substantial area for construction of sinale family residence without the requirement of any variances to the zonin� chapter. B. Municipal sewer is available and assessed to the property. C. Developed lot sizes in the neighborhood range from .14 acre to 1.� acres of dry land, 3V2I3alIlQ about 0.55 acres. The combination of L,ots 8 and 9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the nei�hborhood. D. There is no other land available for purchase in order to make the lot size conformina. 5. The Ciry Council finds that the conditions existing on this property are peculiar to it and do not apply aenerally to other property in this zoning district; that aranting the variance would not adversely affect traffic conditions, liaht, 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 propem� right of the applicant; a.nd would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The Ciry 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 communiry. Paae 2 of 4 v�soos o�u r, � � ��'\\�� CI�'� o� OR�NU �� ;., °��' �;..�:,�__. RESOLUTION OF THE CITY COUNCIL \ � °��l� ��' �, ' N�. � ? h'�J j � _ � � , ,�t, �� Gti, ;/ ��, i 9kE8H�g'� / CO\CLtiSIO\S, ORDER Aiv�D COtiTDITIONS Based upon one or more of the above findinas, the Orono Ciry Council hereby arants a variance to Municipal ZoninQ Code Section 10.2�, Subdivision 6 (B) �o permit the construction of a sinale family detached dwelling on the property contairung 0.37 acre in area where the zonina district standards require 0.�0 acres in lot area for such use, subject to the following conditions: 1. A sewer connection char�e of��.00 plus the current Sewer Availability Charge shall be paid at the time of buildin� permit issuance. ? No variances other than the lot area variance are approved via this resolution. The standard lot line setbacks, hardcover Iimitation of 30%o, Iot covera�e limitation of 15 9�, and all other requirements of the applicable zoning chapr.ers, shall be a.dhered to. No funher variances will be aranted for development of this propem�. 3. Fropem� owner is advised that a complete gradir.� and drainage plan must be submitted in conjunction with the building permit application. 4. Authorities aranted b}� this variance run with the property not with the applicant, but are permissive on:y and must be exercised by application for a building permit within one year of the date cf Council approval, or this variance will e�pire on that date (December 12, 1995). 5. Violation of or non-compliance with any of the terms and conditions of t�is resolution shall constitute a violation of the zoning code, shall automatically terminate any aathoriry �ranted herein, and shall be punishable as a misdemeanor. 6. The undersiQned 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 rhe property. Page ? of 5 :,�,�sws o�sw o�o� �' o�' �., CITY of ORONO �� p`� ' ��:.��-� '��, RESOLUTION OF THE CITY COUNCIL I 1 j�� e� �.� � � � ,� D, ;; � � "S+, i�f I�`^'' �' ' NO. , �t � ��ti ' G/ � �,, 9kE8H�g' Adopted by the Orono City Council �n this 12th day of December, 1994. AT EST: � �/" / . � / � Do othy i�1 a lin, City Clerk Edward J. Call an, Jr.. Iviayor � � / / ,; /� —}� j�%�r«.._. /,f. �j%�.,.-/ �--� � %CC.C' �i 4 '�L � _, � / � Propem Owner(s) STATE OF I�IINNESOTA ) } ss. COUNTY OF HENNEPIN ) The for�going instrument was acknowledaed before me on this 12th day af December, 1994, bv Edward J. �allahan, Jr. & Dorothy M. Hallin, Mayor & City Cler�: oi the City of Orono, a ��Tinnesota municipai corporation and said instrument was executed on behalf of the City. LINDA S.VEE �,i' - � NOTARY PUBUC-��IINNESOTA „ �,� � C� .-� HENNEPIN COUMTY 5� � •��-�•••°�, MyCommissionE�cires!an 31,2C00 NO ry Public ., STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN '} On this i��"dav of ��'( �� , 199 �before me a Notary Public within and for said county, personally appeared S��%�;; /%� �;�v iu;� .1� /j�li'%�:u r�>f�. c;,� ,�f-��!,.r, ,,,--; I:nown to me to be the person(s) described ir. and who execnted the forego`uig instrument,and acknowledQed that he (they) executed the same as his (their) free act and deed. . ��. LINDA S.VEE � � NOTARY PUBLIC-��11NNESOTA �(,/,�,� -�G� f /�� '�:� HENNEPIN COUNTY NOTA.RY PUBLIC •�"�-..••°� Mv Commission Excir2s Jan 31,2CC0 . '.�r,e,�..��'"7"�.�ce;:�� Pa�e 4 of 5 fmm 5005 Dis1� �' o`�' �',, CITY of ORONO ,��0 _., O�� ;'� ��.`�� RESOLUTIOI�T OF THE CITY COUNCIL '��,� � '�''�!' j �„ `� � � �� +�i` ;�'�y � , NO. ' ��l��`v;� �,1`�'r�G/�� kE3H�g' � STATE OF MINNESOTA ) j ss. COUNTY OF HEN�EPIN ) On this day of , 199 , before me a Notary Public w;tlur.and for said Counry,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and ac?:nowled�ed that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) � SS. COUNTY OF HEi�TNEPI\T ) On this day of , 199 , before me a Notary Public within and for said County,personally appeared 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledQed that he (they; executed the same as his (their) free act and deed. Notary Public Page 5 of 5