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Home My WebLink About#3613-variance-1995 �w �r �___�\ /i %� ��\\ l, //� O�\ � �b� - C ITY o� O�ONO i� � �;�,; ��,��',� Gti,i�� RESOLUTION OF THE CITY COUNCIL `��9 ��'� NO. �� '- � - �kESH� S A RESOLUTION GRAN"I'ING A VARL�\TCE TO ��iVICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #2060 `'4'I�RE�S, Tim Fuller and Karen Fuller-Feyo (hereinafter "the applicants") are owners of the propem� located at 40�� Elm Street within the Ciry of Orono (hereinafter "Ciry") and leRally described as follows: Lots 7, 8 and 9, Bloc�: 9, Minnetonka Summit Park, Hennepin County, Miruiesota (hereinafter "the properry"); and �'�rHEREAS, the anplicants :�ave a.pplied to the Ciry for a renewal variance to Municipal Zoning Code Section 10.24, Subdivision � (B) to permit the construction of a new residence on a property that consists of 19,920 s.f. or 0.46 acres where 43,560 s.f. or 1 acre is reQuired. ��y�� T�g�FpRE, gE IT RESOLVED by the Ciry Council of Orono, Ivlirinesota: FLKDLhTGS l. This application was reviewed as Zonin� File �2060. ?. The properry is located in the LR-1B, Lakeshore Residential Zonin� District requirinQ 1 acre in area. 3. The Orono Planning Commission reviewed this renewal variance application on September 18, 199� and recommended approval of the variance application as proposed, based upon the followinQ unique findiu;s and hardships: � A The property has been assessed for a sewer unit and the assessment has `� been paid and sewer is available to the progem�. � g. The lot has sufficient depth and width so that normal setbacks for 35' i , � I front, 30' rear and 10' side can be easily met. � � Page 1 of 4 � � ��, %� � � �� O r� O�'�' � C ITY of ORONO . ,�'�� L �� ;I/.;�� '��' RESOI.UTION OF THE CITY COUNCI l. 'Ct't9 ��G�/ N O. � � �='. � �ESH� / C. The 19,920 s.f. lot is consistent with developed lots within the neiQhborhood ran�inQ from 12,000 s.f. to 37,000 s.f. D. I� a report dated September 8, 1994, the City EnQineer confirmed that the proposed draina�e plans for the developed site will not impact adjacent developed properties to both the east and west side of the property. 4. The City Council finds that the conditions existinQ on this property are peculiar to it and do not apply generally to other propem in this zoninj district; that arantin� the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danaer to nei�hboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulry; 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 Ciry. 5. The Cit;,� Council has considered this application including the findings and recommendations of the PlarminQ Commission, reports by Ciry staff, comments by the applicants and the effect of the proposed variance on the health, safery and welfare of the communiry. CONCLUSIOtiS, ORL�ER �'�� CONDI'TIONS Based upon one or more of the above findinas, the Orono Ciry Council hereby �rancs variances to Municipal Zonin� Code Section 10.24, Subdivision � (B) to permit the construction of a new residence on the properry located at 40» Elm Street and Q-rants an area variance of 23,640 s.f. or �4%, subject to the following conditions: 1. All residential improvements on this site shall meet all required setback and hardc�ver standards of the LR-1B, Lal:eshore Residential Zonin� District. 2. Upon application for a buildin� permit, the applicants shall provide a detailed aradin� plan showina proposed driveway gradin�, tree removal and/or retaining wall. Fur�her, such site �radin� plan shall indicate the use of a swale, drain tile, or other acceptable method to transport roof runoff to the north boundary of the property to ni_n_im»e direct runoff impact on the neiQhboring property to the west. Paee 2 of 4 �� r /% O_\\ i� � �\ I/�O � O�.,...\ ; � �s � C ITY of ORONO I,I� � � ; �, �;�� '�;/ RESOLUTION OF THE CITY COUNCIL �L9k o��'/ rvo. � �' �- a� ESH i 3. Authorities granted by this variance run with the propem not with the applicants, but are permissive onlv and must be exercised by application for a buildina permit witlzin one year of the dace of Council approval, or this variance will expire on that date (October 9, 1996). 4. 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 aranted herein, and shall be punishable as a misdemeanor. �� 5. The undersigned applicants have read, understood and hereby a�ree 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 propem�. Adopted by the Ciry Council of the Ciry of Orono, Minnesota at a regi.ilar meetinJ held on the 9th day of October, 1995. AT EST: _ � � / '. <�� ' Do, othy . H llin, Ciry Clerk Edward J. Cal an, Jr., Mayo � ; r �� ,^ . � � -��-% � �``��% _-- . .-� . � � �; ;G -�-, -�� ope O 1 er(s) �� r STAT OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoina instrument was acl:nowledQed before me on this 9th day of October, 1995, by Edward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Ivlinnesota municipal corporation and said instrument «as executed on behalf of the City. � � � C�.1�t��-r>tr� . JAMIE L BOSMA No�"y �blic � � NOTARY PUBUC-MINNESOTA '�i '• �� HENNEPIN COUNTY �`�-••'° My Commission Expires Jan.31,2000 ' _ � PaQe 3 of 4 I, 1 � J r . � i� O � � ��, O O\ '' � - CITY of ORONO G i ��11i � �' � �� // i, ' � � �,�;;' RESOLUTION OF THE CITY COUNCIL ; 3 � � � _ ; ��kESH��/ NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ;;��'-= day of ^_ � :,;=i� , 199 _.� . before me a Notary Public within and for said Count��, personally appeared �� -��,� -' ;- �� ;_.� , i��!�� known to me to be the person(s) described in and who executed the forego�lnQ instrument, and acknowledaed that he (they) executed the same as his (their) free act and deed. , LINDA S.VEE „'� ;� r/�.� .t U� ��_% � NOTARYPUBLIG��IINNESOTA NOi3i�' Public a,��a`�.�•� NENNEPINCOUNTY My Commissien E�oires Jan.31,2CC0 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �,5��''day of !��;%%,--�� , 199 � . before me a Notary Public within and for said Counry, personally appeared ,�!��n�r�/i c, �% � �Y� _- ��4�'�-�-�--��=-% ' known to me to be the person(s) described in and who exec ed the foreaeinQ instrument, and acl:nowledQed that he (they) executed the same as his (their) free act and deed. � - . J ��. .—��:-��-c=�C� ,--� ',�--�6-s�/;'Ll-� Not�rv Public �-� }`" JAMIE L.BOSMA �� NOTARY PUBLIC-MINNESOTA �� e-��'� HENNEPIN COUNTY My Commission ExDiteS�31,20�0 Paae 4 of 4