HomeMy WebLinkAboutResolution 2518•
J d City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2518
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
FILE 11341
i
WHEREAS, Todd Ziesmer (hereinafter "the applicant") has an
interest in the property located at 3440 Bayside Road within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the
construction of a single family residence on a lot of 118' in width where a
200' lot width is normally required for construction of a single family
• residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1341.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on October
3, 1988 and recommended approval of the proposed variance based upon
the following findings:
A) A residence previously existed on the property and was only
recently removed due to its poor condition.
B) The property is 2.35 acres in area.
C) The proposed residence meets the required 30' side setbacks
and greatly exceeds the required 50' minimum front setback for
construction of a single family residence in the LR-lA zone.
• D) Applicant has provided septic testing to verify that a
primary and alternate drainfield site can be developed within the
property boundaries.
Page 1 of 4
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d City of ORONO
RESOLUTION OF THE CITY COUNCIL
1 @9 1 NO. 2518,
E) No additional land is available to make this lot conform to
the 200' width standard.
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.23, Subdivision 6 (B) to permit the construction of a single family
residence on a lot of 118' in width where 200' width is normally required,
subject to the following conditions:
1. The proposed residence shall meet the required front, rear, and
side setbacks of the LR-lA zoning district.
2. 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 (October
10, 1989).
3. 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.
• 4. 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 2 of 4
•
1988n.
ATTT�T:
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 251'8
Adopted by the Orono City Council on this 10th day of October,-
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d City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 251'8
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �day of oc'6 b,0—,t/ , 198
before me a Notary Public within and for said county, personally
appeared old M 4- MNrj-P 77 Zi-e,9rAth— 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.
WE -MM L- HA�EB
ppTARY 00gW
• My COMMi SOTA
ENNEPIN�m 9TM8-92
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this 1 `-1 4�'day of O C IOLM-' , 1989, before me
a Notary Public within and for said County, personally appeared
r-- known to me to be the
persons) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. /
MARY T. KOENIG
.*< < NOTARY PUBLIC —� MINNESOTA
. WASHINGTON COUNTY
MY Commission Expires Jen. S. 1993
d
NOTARY PUBL
ff
s / 9
MY ISSION EX'IRES
Page 4 of 4
EXHIBIT'A RESOLUTION NO. 251
That part of Government Lot 3, Section 5, Township 117
North, Range 23 West of the 5th Principal Meridian,
described as follows: Beginning at a point distant - -.
1658.25 feet West of the East line of the Northeast
quarter of Section 5, Township 117, Range 23 and distant
1056.0 feet North of the South line of the Northeast _
quarter of said Section 5; thence East and parallel
to the South line of said Northeast quarter a•.di-stance
of 235.73 feet; thence South and parallel to the East
line of said Northeast quarter a distance of
feet;
thence West and parallel to the South line of said North-
east quarter a distance of 117.87 feet; thence South
and parallel with the East line of said Northeast quarter
a distance of 259.25 feet to the center line of County -
Road; thence Westerly along center line of said road
a distance of 117.9 feet to a point distant 1658.25
feet West of the East line of said Northeast quarter;
thence North and parallel to the East line of said North-
east quarter a distance of 627.75 feet to the point
• of beginning.
EXCEPT that part of the above described tract described
as fo11ows:. The South 100 feet of the North 373.9 fees
of the East half of Lot 20, Auditor's Subdivision Number
203, Hennepin County, Minnesota.
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