HomeMy WebLinkAboutResolution 2169 sl ,
�� � c�t� o� oRONo
� RESOLUTION OF THE CITY COUNCIL
� NO. 2169
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A RESOLIITION GRANTING
A VARIANCE TO .
MLINICIPAL 'ZONING CODL
SECTION 10.24, SIIBDIVISION 5 (B)
FILE #1124
WH$REAS, Jim & Ruthanne Lange (hereinafter "the applicants") are
the owners of the property located at 4160 Forest Lake Drive within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 4, Block l, Forest Arms Country Club Addition, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the
construction of a single family residence on a lot of area 0.45 acre in the
LR-1B zoning district where lot area of 1.0 acres is normally required.
• NOW, THER$FORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1124.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on April
20, 1987, and recommended approval of the proposed variance based upon
the f o l lowing f indings:
A) The applicant also owns the adjacent Lot 5, Block 1, Forest
Arms Country Club Addition, upon which is the applicant's
existing residence.
B) The lot area of 0.45 acre within Lot 4 is consistent with the
15 other developed lots in the Forest Arms Country Club Addition,
and is consistent with lot area variances approved by the City in
the LR-1B zoning district in contemporary times.
C) The existing house on Lot 5 will remain with 0.40 acres and
as such, meets all setback and hardcover requirements of the
City.
� D) Lot 4 has been assessed for sewer and a stub is available.
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Y Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2169
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E) Lot 4 has been retained as a separate tax parcel, never
combined with the homestead Lot 5.
F) Lot 4 is the last developable lot in the Forest Arms Country
Club Addition, which was platted prior to the current zoning
code. . Lot 4 is allowed to join in the Joint Dock usage of the
Forest Arms Country Club Homeowners Association.
4. 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.
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 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 demon-
strable 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.
CONCLIISIOYJS, ORDffit AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5
(B) to permit the construction of a single family residence on a lot having
0.45 acres in area where 1.0 acres in area is normally required, subject to
the following conditions:
'. 1. Access must be to Forest Lake Drive and driveway location must be
approved by the Public Works Coordinator.
2. Construction on Lot 4 must adhere to the standard setbacks (35'
. along both roadways, 10' along internal lot lines).
3. Hardcover on Lot 4 may not exceed 35� or 6,813 s.f. �
4. Applicant is advised of the 30$ hardcover limit for Lot 5 with the
existing house.
' S. Payment of $225 sewer connection (plant) charge with building
. • permit.
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� � � � Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2169
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6. Payment of Park Fee of $430 per current fee schedule, with
bui lding permit.
7. Payment of standard Sewer Availability Charge (SAC) with building
permit.
8. Because Lot 4 generally slopes toward Lot 5, applicants are
required to grant a drainage and utility easement 5' either side of
the common lot line, such easement to be granted prior to issuance of
a building permit for Lot 4.
9. 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 (May 11,
1988 ) .
• 10. 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.
11. 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 llth day of May, 1987.
ATTE .
Do othy M llin, City Clerk Jam s R. Grabek, y r
�_
r rty wner(s) '
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�A �� � clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCI L
� � NO. 2169
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s �q'�' day of �� , 19 8 7
before me a Notary Public within and for id county, personally
appeared /�u,�iGLnn�. ��9-2 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.
" � /"�/�2�
THERE311 NOTARY PUBLIC
��OT'1q�'pUg L. NAAB
�HEN�N COUNT°T'� "
• �Plres g.g,yy,z
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. �
COUNTY OF HENNEPIN ) ,
On thi s �I'�c� day of �(,c./'i.� , 19 8/, bef ore me
a No�ar Public within and for said County, personally appeared
P known to me to be the
person(s) described n and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
�
NOTARY PUBLIC
�'fMK�q`�TA �—�—9�—
M►�ii���.ViNa�
MY COMMISSION EXPIRES . '
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