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Home My WebLink About#3462-variqance-1994 �. . ; j. I - �' ��' CITY of ORONO � � :� O ��:'�� RESOLUTION OF THE CITY COUNCIL , ��. � �, � 5,�"� ti No. 3 4 6 2 ti ��9 �� G kEsBog' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDNISION 5 (B) FTLE NO. 1944 WHEREAS, Bradley Etherington and Dina Etherington (hereinafter "the applicants") have an interest in the property located 4055 Elm Street within the City of Orono and legally described as follows: Lot 7, 8 and 9, Block 9, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a renewal variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a new residence on a pro�erty that consists of 19,920 s.f. or .46 acres where 43,560 s.f. or one acre is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: a FINDINGS � ; 1. This application was reviewed as Zoning File #1944. � ' 2. The property is located in the LR-1B Lakeshore Residential Zonin� District jrequiring one acre in area. I � 3. The Orono Plannin; Commission reviewed this renewal variance application on both July 18, 1994 and August 15, 1994 and recommended approval of the variance application as proposed, based upon the following unique findings and , hardship: A. The property has been assessed for a sewer unit and the assessment has been paid and sewer is available to the property. � ; � Page 1 of 5 ��SINIS R:�r. ' 1 " ,. a ' �' ��' CITY of ORONO � O_�, . j ��.``�� RESOLUTION OF THE CITY COUNCIL �"=� � � � 3462 � r � �� ti No. � ,,_ ti �t�� Y�G kESHOg' B. The lot has sufficient depth and width so that normal setbacks for 35' front, 30' rear and 10' side can be easily met. C. The 19,920 s.f. lot is consistent with developed lots within the neighborhood ranging from 12,000 s.f. to 37,000 s.f. �, D. In a report dated September 8, 1994, the Ciry Engineer conf'irmed that the '� proposed drainage plans for the developed site will not impact adjacent9 developed properties to both the east and west side of the property. 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 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 demonstrable 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. 5. 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. 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 10.24, Subdivision 5 (B) to permit the construction of a new residence on the property located at 4055 Elm Street and grants an area variance of 23,640 s.f. or 54�0, subject to the following conditions: 1. Prior to the issuance of a building permit for new residential construction, applicant/future owner must apply for the legal combination of Lots 7, 8 and 9, Block 9, Minnetonka Summit Park. 2. All residential improvements on this site shall meet all required setback and hardcover standards of the LR-1B Lakeshore Residential Zoning District. Page 2 of 5 �e�saas m,w o- , � . . ' � ��' CITY of ORONO �� 0 ��'�."�� RESOLUTION OF THE CITY COUNCIL � �� , , �� y�:�� ti No. � 4 6 � � . _,�� ,� t9kESKo�`'� i 3. Upon application for a building permit, applicant shall provide a detailed grading plan showing proposed driveway grading, tree removal and/or retaining wall. ; I 4. 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 12, 1995). 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 undersi ed a licants and cunent owner have read, understood and hereby � PP agree 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 12th day of September, 1994. AT E T: ,� � � L�-1/ Dorothy M. a in, City Clerk Edward J. Call , r., ayor � � " , , , �.J 1 ( n� U � � Pr p�rty ne ( ' i, ' � � � �� Applican s) Page 3 of 5 F��,�,�s-..� i ' , . ' " �' �`�' CITY of ORONO O :� O '; ��.-�� RESOLUTION OF THE CITY COUNCIL �.. a ' ��j� ' 3 4 6 � ; ,� �'• „ :� � NO. , . ;.. ,�'��, �; � ��,Gti kE3H��` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fore;oing instrument was acknowledged before me on this 12th day of September, 1994 by Edward J. Callahan, Jr. 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. ... CAROLE A.HASF.MAN :� ��qpy p�MiNNESOTA - /' ' ��j�3t.2m0 .��/1'��, <,/ ��om�� `�•'' Notary Public STATE OF MINNESOTA ) r'-�n� k�- ) ss. COUNTY OF�E-��1 ) On this I 0�h day of 0 C��U�'� , 199� before me a Notary Public within and for said county, personally appeared � �- no` �� 6oAd ,� w�� known to me to be the per n(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act a N�.... LYNN M. KRAFT .;�,ci�.�"; NOTnkY PUBLIC—MINNESOTA �h�'= MY COMM�SSION EXPIRES �, �a ';'� JANUARY 31, 2G00 ,,,.� NOT Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this day of / , 19 bef �No� Public within and for said counry, personally appeared � %� � � known to me t� the ��° (s) des i ed in and h executed the foregoing instrument, and acknowledge�i t at he,(th,�y executed the same as s (their) free act and deed. � l� � -�, � � � ��,�--•.-,. �� - , , ��_ , _ — � NOTARY PUBLIC x MMNW i �r"ti GINA B.KRAHN Page 4 of � � NOTARY PUBLIC-MINNESOTA RAMSEY COUNTY My Commission Expires Aug.25,1998 y x , F t ' � I � O �' �' CITY of ORONO O .,� O �' :'�� RESOLUTION OF THE CITY COUNCIL �� ' ��f � � 3 4 6 2 ; �` :�;�� , NO. �� , Gti , �9kE3I;Og� STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executec�. the foregoing instniment, and acknowled�ed that he (they) executed the same as his (their) free act and deed. �I � NOTARY PUBLIC � STATE OF MINNESOTA ) �) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county,personally appeared l�own to me to be the person(s) described in and who executed the foregoing instrument, and acl�owledged that he (they) executed the same as his (their) fr�� act and deed. �� NOTARY PUBLIC Page 5 of 5 . I �,rm 5n�5 C�zY'