HomeMy WebLinkAboutResolution 2634 ti� � �l �- --
+ c�t o� oR,oNo �
�
� � -- RESOLUTION OF THE CITY COUNCIL
� NO. 2634
• - • •
A RESOLIITION GRANTING
. VARIANCES TO
� MONICIPAL ZONING COD$
SECTION 10.24, SIIBDIVISIONS 5 (B)
FII.E #1395
WHER$AS, Thomas R. Williams, Jr. (hereinafter "the
applicant") is the owner of the property located at 4127 Oak
Street within the City of Orono (hereinafter "City") and Iegally
' described as Lots 1 and 2 , Block 5 , and Lot 1 , Block 4 ,"
Minnetonka Summit Park, Hennepin County, Minnesota, (hereinafter
"the property"); and
WHEREAS, the applicant has applied ta the City far
variances to Municipal � Zaning Code Section 10.24, Subdivisions 5
(B) to canfirm the buildability of the property consisting of
24,400 s.f. or .56 acres in area instead of the required 43,560
s.f. or 1 aare, requiring an area variance of 19,160 s.f. or 43�
and measuring 75' in width at the rear of the street yard ,setback
• line instead of 140' requiring a 60' or 46� variance.
NOW, THEREFORE, B$ IT RESOLVED by the City Counci 1 af
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zaning File #1395.
� 2. The property is 14cated in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orona Planning Commission reviewed this app Iication
on April 17, 1989, and recommended approval of the proposed
variances based upon the fallowing findings:
A) The property received approval from the City in
1969, 1979, and 1988 for the same area and lot width
variances. There have been no additions ar amendments
of the zoning code that would alter the findings of the
earlier reviews. �
B) The property has been assessed one sewer unit and a
sewer stub has been provided to the property.
C) The development of this site is consistent with
• recent lat area and lat width variances granted to Iots .
within the immediate surrounding neighborhood.
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Cit� of ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2634
• - • •
D) 6,500 square feet of additional area is provided in
Lot l, Block 4, Minnetonka Summit Park, although it
cannot be credited against the area requirements
because the Iot is divided by an unimproved right-of-
� way platted as Ridge Place.
4. The City Council has cansidered this application
including the findings and recommendations of the Pl.anning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the health,
safety and welfare of the community.
5. The City Counci 1 f inds that the conditions existing on
this property are peculiar to it and do not apply general ly
to other property in this zan3ng district; that granting the
variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or ather danger to
neighboring property; would not merel.y serve as a
• canvenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the app Iicant; and
would be in keeping with the spirit and intent of the Zoning
Cade and� Comprehensive Plan of the City..
CONCI�IISIONS, . ORDER AND CONDITIONS
Based upan one or mare of the findings nated above, the
Orono City Council hereby grants variances per the Municipal
Zoning Code Section 10.24, Subdivisions 5 (B) to confirm the
bui ldabi 1 ity of the property that requires an area variance of
43� and a lat width variance of 46g, subject to the fallowing
conditians:
l. Lots 1 and 2, Block 5, Minnetonka Summit Park, must be
Iegally combined prior ta the issuance of a building permit
for new constructian.
2. If accessory structures are proposed for Lat 1, Block 4,
Minnetonka Summit Park, at some time in the future, the
owner must apply for a special lot combinatian 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 the public dedicated right-of-way. Such
• drive to continue to be maintained by the property owners
served by the driveway. It is the future property awner's
responsibility to share in the upkeep and maintenance of
that driveway. .
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
. �`
� NO. 2634
, • _ • •
4. A13. grading and drainage p Ians submitted with a bui lding
permit application shall be reviewed by the City Engineer.
It shall be the City Engineer's responsibility to ensure
that no drainage/run-off leaves the site at a greater
velocity than it does from the undeveloped site and that
the future owner/developer wi1l be responsible for
. • submitting all necessary hydraulic information to assist the
Engineer in making his recammendation.
5. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by applicatian for a building permit
. � within ane year of the date af Counci]. approval, ar this
variance will expire on that date (May 8, 1990).
6. Violation of or non-compliance with any of the terms and
• conditions of this variance sha11 c4nstitute a vialation of �
the zaning code, shal 1 autamatically terminate any authority
granted herein, and shal 1 be punishable as a misdemeanar.
7. 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 City Cauncil af the City of Orono,
Min esota at a regular meeting held on the 8th day af May, 1989.
ATT T:
� � i` ��.
0 othy . all�n, City Cler�k-" Jame R. Grabek, ayor
�� � � .
� � ���°-
� ����� _ /� ���
Property Owner(sY"
•
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c�t� o� oR,oNO �
� RESOLUTION OF THE CITY COUNCIL
�
� NO. 2634
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The faregoing instrument was acknowledged before me on
this 8th day of May, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orona, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Publ.ic r��_���� LAI t K. SCHEfFLER
��yL.9`..-.,.'.Ii
-^+'Y��7::k
ss���+'�!.s NOTARY PUBLIC—MINNESOih
� �� � HENNEPIN COUNTY
�'>'"'�`4}�•r' M cor,�mission ox irces6-8-93
3,�:;aF:•:� Y P
� My Cammission Expires
•
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�
.., ., .. �
Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2634
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day .of ��y , 198�
before me a No ary Pu - lic, v�ithin and for said county, personally
appeared . ��
known to me to e the person(s) escribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed. � •
NOT RY PUB ��,.�,t.��i '���� SCHEFFLER
� . �'�'"�.:;;� �
�tq'at'C%. NOTARY PUBLIC-MIIvNESOTA
'"'" ���y{,�'� HENNEPiN COUN7Y
�`�``;��"`�f My commission expires6-8-93
:�i�u";';;:-
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
� MY COMMISSION EXPIRES
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