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Home My WebLink AboutResolution 2293 r� � � . '�` .�.1.• . 'Z' � , �� . S � clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2293 � ' • � • � A RESOLOTION GRANTING A VARIANCE TO MLINICIPAL ZONIPiG CODE SECTION 10.24, SIIBDIVISION 5 (B) FILE #1205 WHEREAS,. Robert Maxfield (hereinafter "the applicant") is the owner of the property located at 4175 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 49 , 50 , 51 , 52 and the east 1/2 of Lot 53 , Highwood Lake Minnetonka, 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 new single family residence on combined Lots 49 and 50, comprising 0.46 acre where 1.0 acre in area is normally required, and a lot width of 100 feet where a width of 140 feet is normally required. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS i 1. This application was reviewed as Zoning File #1205. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance based upon the f o l lowing f indings: A) The existing house proposed to remain on Lots 51, 52 and 1/2 of 53 is located 33' from the east line of Lot 51, 35' from the west line of the east 1/2 of Lot 53, and 55' from the front lot Iine, meeting the required setbacks for the LR-1B zoning district. Proposed lot area for the existing house is 0.57 acre� in this one-acre district, with a proposed lot width of 125' where 140' width is required. The existing hardcover on these three parcels is within the allowable limits. B) The proposed building site comprised of Lots 49 and 50 will " be of width 100 feet and depth 200' for a lot area of 0.46 acres. This lot area and width, taking into account the required yard • area, provides a buiding envelope of 80° width and 135' depth, " and would allow up to 6,675 s.f. hardcover, providing ample area to construct a single family residence without the need for further variances. Page 1 of 4 � c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2293 � • ' • - • • � C) Lots 49 and 50 were each assessed for 1/2 sewer unit and front footage. Lots 51, 52 and 1/2 of 53 were in total charged 1 sewer unit and front footage. At the time of assessment 1970 LS- l, Lots 49 and 50 were considered as a separate building site even though the property was, at that time, vacant and zoned for 1-acre minimum lot size. D) A separate sewer stub has been provided to Lots 49 and 50. E) Both the proposed building site and the site with the � existing residence are similar in area to other common-ownership Iots which have been approved as building sites in contemporary times in the LR-1B zoning district. r F) The proposed new building site on Lots 49 and 50 is larger than 29� of the currently developed properties in the LR-1B zoning district. 4. The Hennepin County Department of Transporation has indicated they • will approve an access onto County Road 19 for the property. 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 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 al leviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirif and intent of the Zoning Code and Comprehensive Plan of the City. COYJCY�IISIONS, ORDER A1�D CONDITIONS . Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.24 , Subdivision 5 (B) to permit the construction of a single famiTy residence on Lots 49 and 50 of the property, which Yots comprise 0.46 acre in area and 100 feet in width where 1.0 acre in area and 140 feet in width are normal Iy required for construction of a residence; and grants variances • to Section 10.24, Subdivision 5 (B) for the existing residence on Lots 51, 52, and the east 1/2 of 53, which lots comprise a parcel 0.57 acre in area and 125 feet in width where 1.0 acre and 140' width are normally required, subject to the following conditions: Page 2 of 4 ; . . ` � � Ci.t��. o� ORONO • `'� , � RESOLUTION OF THE CITY COUNCIL � _ . � . . ._� � NO. 2293 . � _ � ��fi 1. County driveway access permit must be obtained and submitted prior to issuance of building permit for Lots 49 and 50 . 2. Payment of $2 2 5 sewer trunk charge and $4 3 0 park f ee at the time a building permit is issued for Lots 49 and 50. 3. Maximum permitted hardcover is 6,675 s.f. on combined Lots 49 and 50. 4. Maximum permitted hardcover is 7,781 s.f. on combined Lots 51, 52 and east 1/2 of 53. 5. Combination of Lots 49 and 50, and combination of Lots 51, 52 and 53 must be completed prior to issuance of buiding permits for either • building site. , 6. Authorities granted with this resolution run with the property not with the applicants, 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 9, 1988 ). � . 7. 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. 8. The undersigned applicant have 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 November,. 1987 . ATTE . � thy M allin, ity Clerk Jam s Grabe , ay r • � � �1.�—�r�cs�_ �M0. `� Property Owner(s) , Page 3 of 4 , , � � ,_ .. � �� clt o� oR,oNo � � RESOLUTION OF THE CITY COUNCIL � NO. 2293 � ' � - � • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s �� day of �vPf'JL�2P�Y . 19 8� before me a Not�r Public within and for said county, personally appeared /°�fl�,e��- �CY�X-�e/� 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. � THERESA �. NAAB NOTARY PUBLIC �. �qpy PUBUC�MINNESOTA My�mm�aNi expi�rwsNeT-BY-s2 • ��-9 a MY COMMISSION EXPIRES STATE OF MINNESOTA ) - )ss. - COUNTY OF HENNEPIN ) On thi s o� o '� day of d�-�`�Nvv� , 19 8 (, bef ore me a Alotary Public within and for said County, personally appeared �� •p ��j',�,�� 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. �� G�/— � NOTAR PUBLIC THER�A L NMB C�� /�py pUgLiC�MINNESOTA � HENNEPIN COUNTY I�Ay commlaston expires 9-8-92 MY COMMI S S I ON EXP I ES . Page 4 of 4