HomeMy WebLinkAbout#3956-variances-1997 �e .
� O ' Y
O O
�9e - CITY of ORONO
,� � ,
�� �,'� RESOLUTION OF THE CITY COUNCIL
L9kESH04� NO. e� 4 5 6
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (A & B)
SECTION 10.22, SUBDIVISION 1, 2 AND 3
FILE NO. 2276
VVHEREAS, Brent Walton and Julie Walton (hereinafter "the applicants") have
an interest in the property located at 2405 Dunwoody Avenue owned by Louis B. Oberhauser
(hereinafter "the owner") within the City of Orono (hereinafter "the City") and legally described
as follows:
see E�chibit A attached (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 18, 1997, at which time all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivisions 6 (A & B) and Section 10.22, Subdivisions 1, 2 and
3 to permit a new residence on a vacant lot of record. Variances are requested to allow a
reduction of lot area of 12,745.5 sq. ft. where 21,730 sq. ft. is required, and a lot width
variance to allow a lot width of 50' where 100' is required. A hardcover variance to allow
43.15% or 3,810 sq. ft. where 25% or 2,207.5 sq. ft. is allowed is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2276.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District requiring one-half acre or 21,730 sq. ft. is the minimum lot azea.
The property consists .29 acres or 12,754.5 sq. ft.
Page 1 of 7
. �►
� O ' V
O O
��e. - C ITY of ORONO
� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
� � � 3956
�kESH04 NO. -
3. The Orono Plaruling Commission reviewed this application on August 18, 1997
and recommended approval on a vote of 4 to 3.
4. The Planning Commission made the following findings of fact:
A. The lot is an existing lot of record.
B. The lot is 12,754.5 sq. ft. or .29 acres. It does not meet the minimum
lot area requirements of the LR-1C district.
C. This is an unusual shaped parcel as it is situated in relation to Shoreline
Drive and Dunwoody Avenue and Lake Minnetonka.
D. The amount of hardcover for the long driveway and turnaround are due
to the access being provided from Dunwoody Avenue and the need for
safe ingress/egress.
4. 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 variances would not adversely affect tra�c conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
Page 2 of 7
i .
� O ' V
O O
�:d�.- CITY of ORONO
� �
�� �'� RESOLUTION OF THE CITY COUNCI L
L�kESH�4� NO. s� � �� s -
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.25, Subdivisions 6 (A & B) and Section
10.22, Subdivisions 1, 2 and 3 to pemut construction of a new residence on a vacant lot where
the minimum lot area and lot width are not met and to allow 43.15% (3,810 sq. ft.) of
hardcover where none is existing and 2,207.5 sq. ft. (25%) is allowed. Approval was subject
to the following conditions:
1. The structural lot coverage shall not exceed 1,913.17 sq. ft. (15%).
2. Applicants to provide easement to the City of Orono for the sanitary sewer as
described in Exhibit B. Said easement to be executed upon closing of the
purchase of 2405 Dunwoody Avenue.
3. Applicants to relocate the water line following approval of the building plans
and prior to approval of the building pernlit and installation of footings.
4. A 20' x 20' paved area for vehicles to turnaround to discourage backing out onto
Dunwoody Avenue shall be installed.
5. No hardcover shall be allowed in the 0-75' setback.
6. Authorities granted by this variance 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 (September 8, 1998).
7. 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.
Page 3 of 7
. �
� O ' V
O O
�b. - C ITY of ORONO
(� �
ti
�`� G'� RESOLUTION OF THE CITY COUNCIL �
�9kESH�4� NO. 3 � .� s
8. The undersigned applicants have read, understood and hereby aa ee to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 8th day of September, 1997.
A T:
_ c
,
orothy M. al in, City Clerk �,�� Gabri , Jabbour, Mayor
�/' /
�---�. f�
/.;— -._,__ ,
�" �
Loui �erhaus r,�pr perty Owner
/' .
�
'�� �T
�c � �.�
Brent Walton, Applicant J , ie Walton, Applicant
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument ��as acknowledged before me on this 8th day of
September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
�z��. .� /
� � LINDA S.VEE ��.1G� �
�%�.i�F��� NOTARY PUBLIC-rdINNESOTA Notary Public
�' �����`�'<;- HENNEPINCOUNTY
'�` �`�:�-` My Commission Expires Jan.31,2000
_t::.,:::��.,c
Page 4 of 7
• .
� O ' V
O O
�b - CITY of ORONO
� �
�� �'�' RESOLUTION OF THE CITY COUNCIL
��kESHOg'� NO. e� 9 � 6 -
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � -+ti day of S'��h-�r , 199'7 before me a Notary Public within
and for said county, personally appeared ��-e nf �F{�,„ . m�r✓;�a .
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.
° CAROLE A HASEMAN /'
kOTARY �C7J`L�'Cc.�CJ •
PUBI►C-MINNESOTA
°�• HENNEPIN�
ourm NOTARY PUBLIC
�f,. MY CommisSion�Cpir�Jan.31,2�00
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �f�� day of ��,,�P,,,,,ti�,� , 199 7 before me a Notary Public within
and for said county, personally appeared S,/; ,� �;c /-r�" , n-,�:r r, �.
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.
CAROLE A.HASEMAN � '
:�. d �
NOTAAY PUBUC-MINNESOTA � ,�, �'o� ����������,�
1 's`�� HENNEPlN COUNTY (�-s`- -
° My Commissicn Expires Jan.31,2�00 NOTARY PUBLIC
t�c.�.r�� �.,�_,�_„�.�: .
STATE OF MINNESOTA )
) ss.
COUNTY OF HEI�NEPIN ) /t�
On this � �._� day of CJC,�-d 6 e/ , 199`� before me a Notary Public within
and for said county, personally appeared � o u;'s . Dh�r h��s e� , S��9�f
kno��n to me to be the person(s) described in and w-ho executed the foregomg instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
:' '• LINDA S.VEE / �
NOTARY PUBLIGfdiNNESOTA ��✓'7 CL� : �
�>.�� HENNEPIN COUNTY
,� `�•° �ty Commission Expires.Jan.31,2000 NOTARY PUBLIC
Page 5 of 7
-'� � �
�
+
^c f - � � ,
y -� ��.G-1 � 1� ��
0
�
f
"� 39 � 6
�c��sc�� - . . .
aThat p�tf ot La#2, B�odc s, �'cwns�te of l.angdon Park*desc�Ibed as fc�fcrvsrs: ., �im�n
po nt m the �Jicrtheasb,arty� o�sa�d Lot 2 drsfiant 5.(�feet sot�theasterly fr�n ti�e
Ho�east comer o�safd Lot 2;th e n c e g .
�'0'�'��Y R�'a�et vvfitt�.the so�eas�et��#ne
of saEd Lot 2�o tEte sho�e o#Lalce A l f�n n a#o fi k a;t h e r t c e
� �ne of safd Lot 2•t t�e n c e n o�th �a���a r�g said �;
sasterty afong sair� S �- $�' � �
tt�e ct�ost Easbe�fy comer ot said �o#2; thence n .,���.:
oi sald lot 2 to�e po#nt of b�inning. a�9� , � -��
Thfs surv�y shows the {option of � . `
P�oPosed house, 9ara9e atNd drive:.on the abo� ..;- �:
ed�4a�t►mett#s.�� �� �P��oct�show any o#her�oy�er»ettts or `
o f, ; ._ °�
� den� �on marfcers . . . � .
� - � . . . �=
- . SCALE
! hereb��certif�• that this sur�•e}� was prepared b�� me ur under m��direct super- /�%2Q,
vision,�and that I am a duly registered Civil Er�ineer and Land SurveYor under -
the taws of the State oE �iinnesota. " a�tF.
. - �2 9-9T
j�JB NO.
Mark S. Grocrberg titinnesuta License \u r I275� �
: 9T-z�9
. . , b. .
. . . ��� ��
. .. . . .. _ . . � . .. - � � � ,
. . ..: ..
• - Sanitary Sewer Easement Description � �� °
for Brent Walton 3 9 5 6 �
in Lot 2, Block 8, Townsite of Langdon Park . ..
� � � Hennepin County, Minnesota �� � � � �
� � August 25, 1997 „� ,
A 20 foot easement for�anitary sewer purposes over, under and across fh'at�part of�'the ' .
following described property: � •
That part of Lot 2, Block 8, Townsite of Langdon Park,.described as follows: Beginning
at a point of Northeasterly line of said Lot 2 distant 5.00 feet soutFieasterly from the ' '�
Northeast corner of said Lot 2; th�ence southwesterly parallel with the Southeasterly line '
of said Lot 2 to the shore of Lake Minnetonka; thence southeasterly along said shore to = '
the Southeasterly line of said Lot 2; thence northeasterly along said Southeasterly line
to the most Easterly corner of said Lot 2; thence northwesterly along the Northeasterly �� ,
line of said Lot 2 to the point of beginning.
which lies within 10 feet on each side of the following described centerline:
Commencing at the most Easterly corner of said Lot 2; thence southwesterly along the
southeasterly line of said Lot 2 a distance'of 220.00 feet to the point of beginning of the
line being describ`ed; thence no�thwesterly'deflecting right 61 deg'rees 30 minutes'to'its'
intersection with the northviresterly line of the above described:property, and said � � �'
centerline there ending.
, . ��
, > >
. . ,;.
. . . .. .. . . . .� . ,
. . . .. . . �, ..
. . . . , .:
._. .,
, . . ., . , . . �
. . . _ . .. . „ . � . ,
, .� , •