HomeMy WebLinkAboutResolution 2387 : ..
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• RESOLUTION OF THE CITY COUNCIL
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- � : NO. 2387
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' A RSSOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 1�.24, SIIBDIVISION 5 (B)
FILE #1248
� WHERE�IS, Thomas R. Williams (hereinafter "the applicant") is the
owner of the property located at 4127 Oak Street within the City of Orono
(hereinafter "City") and legally described as Lots 1 and 2, Block 5, and
Lot l, Block 4, Minnetonka Summit Park, Hennepin County, Minnesota
(hereinafter "the property") ; and
WHEREAS , the applicant has applied to the City for renewal
variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to
confirm the buildability of the property consisting of 24,400 square feet
or 0.56 acres in area instead of the required 43,560 square feet or 1
acre, requiring an area variance of 19,160 square feet or 43� and measuring
75 feet in width at the rear of the street yard setback 1 ine instead of
14H feet requiring a 6P! foot or 46$ variance.
• NOlal, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDIF�GS
1. This application was reviewed as Zoning File #1248.
2. The property is located in the LR-1B Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on March
21, 1988 and recommended approval of the proposed variances based upon
the following findings:
A) The property received approval from the City in 1969 and 1979
for the same area and lot width variances. There has been no
additions or amendments of the zoning code that would alter the
findings of the 1979 review.
B) The property has been assessed one sewer unit and a sewer
stub has been provided for the property.
C) The development of this site is consistent with recent lot
area and lot width variances granted to lots within the immediate
surrounding neighborhood .
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D) 6500 square feet of additional area is provided in Lot 1,
Block 4 , Minnetonka Summit Park, although cannot be credited
against the area requirements because the lot is divided by the
unimproved right-of-way of Ridge Place.
� 4. The City Council has considered this application including the
findings and recommendations of the Plannincj 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
properties in this zoning district; that granting the variances would
not adversely affect traffic conditions , light, air nor pose a fire
� . hazard or other danger to neighboring properties; would not merely
serve as a convenience to the applicant , but is necessary to
alle.viate a demonstrable hardship or difficulty; is necessary to pre-
serve 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.
COI�CLIISIONS, ORDER AND COF�ITIONS
Based upon one or more of the above findings , the Orono City
Council hereby grants variances per Municipal Zoning Code Section 10.24,
Subdivision 5 (B) to confirm the buildability of the property that requires
an area variance of 43 � and a lot width variance of 46�, subject to the
following conditions: � �
l. Lot 1 and 2 , Block 5 must be legally combined prior to the
issuance of a building permit for, new construction.
2. If accessory structures are proposed for Lot 1 , Block 4 ,
Minnetonka Summit Park, at some time in the future, the owner must
apply for a special lot combination to seek credit of the principal
residence on combined Lots 1 and 2.
3. Access to the site shall remain via the private drive located
within Ithe public dedicated right-of-way and to continue to be
maintained by the property owners served by such driveway. It is the
• future property owner's responsibility to share in the upkeep and
maintenance of that driveway.
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• RESOLUTION OF THE CITY COUNCIL �
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4. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be excercised by
an application for a building permit within one year of the date of
Council approval or this variance approval will expire on that date
(March 28 , 1989) .
5. 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.
6. 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 28th day of March ,
1988. . � ,
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AT ST: - `
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- - - ---. - --- ---- ----�- ���- --- , -�- -- -----
othy� . Hallin, City Clerk James R. rabe , �Mayor
- Edward J. Cal ahan, Jr. , Acting Mayor
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Property Owner (s)
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�'�� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY .OF HENNEPIN )
On this �(� °� day of �� , 198�
before me a Notary Public within and for aid county, personally
appeared �on2�.S � fi��`ll�'��s �r�. � �inc/�
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.
�Z��e.� Q�
; � Patricia L. Petersun NOTARY PUBLIC
' NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
, � My commisslon expires 7-15-93
: � �-/S- �
;
MY COMMISSION EXPIRES
' STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) •
On this day of , 198 , 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
I � MY COMMISSION EXPIRES
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