HomeMy WebLinkAbout#2789-variance-1990 ; =, � �`� ��
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--� ' = RESOLUTION OF THE CITY COUNCIL ; =-�` -
_ _ .:-_ 2789 :_ ,
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_ " � A RESOLIITION GRANTING , . ,- -
. _. - A VARIANCS TO _
MIINICIPAL ZONING CODE
� SECTION 10.24, SIIBDIVISION 5 (B)
! FILE #1500
! WHEREAS, Erik G. Celms (hereinafter "the applicant") is
. the owner of the property located at 4155 North Shore Drive
. within the City of Orono (hereinafter "City" ) and legally
described as follows:
� Lots 48 , 49 and 50 , Highwood Lake Minnetonka, Hennepin
County, Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has �ipplied to the City for a
variance to Municipal Zoning Code Section 10.24; Subdivision 5
(B) to permit the construction of a new single family residence
on combined Lots 48 , 49 and 50 compr�sing .69 acres where 1.0
acre in area is nosmally required. -
' NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Ninnesota:
FINDINGS
1 . This application was reviewed as Zoning File €1500 .
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on March 19, 1990, and recommended approval of the proposed
variance based upon the following finding's:
� A) On November 9, 1987 the City granted approval of a
� lot area and lot width variance for Lots 49 and 50
comprising .46 acres in area. The current application
' proposes a tota 1 of .6 9 acres with the addition of Lot
� 48 .
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, B) Lots 49 and 50 were each assessed for 1/2 sewer
' unit and front footage. At the time of assessment
� 1970-LS-1, Lots 49 and 50 were considered as separate
� building site even though the property was, at that
, time, vacant and zoned for 1.0 acre minimum lot size.
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� C) A separate sewer stub has been provided to Lots 48,
� 49 and 50. �
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RESOLUTION OF THE CITY COUNCIL • . ---=
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) The proposed building site is consistent in area to .
� other lots that have been approved as building sites in
� contemporary times in the LR-1B zoning district.
� 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 Counci 1 f inds 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
con venience 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
wou ld be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND C�N�ITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.24, Subdivision 5 (B) to permit the construction
of a single family residence on a building site that consists of
0.69 acres instead of the required 1.0 acre, subject to the
following conditions:
l. Applicant shal 1 obtain a driveway permit from the Public
Works Director prior to the issuance ofl a bui lding permit.
The sizing and placement of a culvert under the new access
drive shall be determined as part of the driveway permit
review.
2. Payment of a $225.00 sewer trunk charge and $430.00 park
fee at the time of issance of a building permit.
3. The legal combination of Lots 48, 49 and 50 e�mb�
completed prior to the filing of the building p
application.
4. Prior to the issuance of a building permit by the City,
the applicant shall grant drainage easements to the City
around the perimetez of the property, 10' along the sides of
the County road and alley, and 5' along the remaining side.
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� � - . � �-�- - RESOLUTION OF THE CITY COUNCIL � �
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' uthorities granted by this resoZution run with the
property not with the applicant, 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 (April 9, 1991).
6. 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.
5. The undersigned applicant has read, uriderstood 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 Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of April ,
1990
t T'�' T:
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0 othy M llin, City C1 Jame R. Grabek, 1 yor
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� l�e^." . �Lrl�
Pro�erty Owner(s )
STATE OF MINNESOTA ) �
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of April , 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipa 1 corporation and said instrument was executed on behalf
of the City.
�Ll�`��
..--- 7}iEREBA l. NAAB Notary Public
typTARY PUBUC-MINNESOTA
� �HEN��o,y.e-s2 /d �9a
My Commission Expires
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C%t of ORONO �. ��=,,:_ _.. _
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i RESOLUTION OF THE CITY COUNCIL _ _' . - � :
� _ 2789 � - -� .: _
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� STAT INNESOTA )
) Ss.
{ COUNTY OF HENNEPIN )
�
9 � day of � pri � , 199 0
On this y ersonal�Iy
before me a NQtar Pu� lic within and or said count , p
appeared ��lC ��
known to me to be the person(s described in and wno executed tne
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�� �G�'
NOTAR`_' PUBLIC
� THERESA L NAAB
�.e
N HENNEP N COUNTYTA
�� W►y comrtilsslon e�iras �8-92 ,
- y�-�-,a
MY COMMISSION EXPIRES
SmpT� OF NINNESOTA )
) ss.
COUNmY OF HENNEPIN )
On this lOth a�Y oi April , 1990 , bef�ore me a
Notary Public witnin and for said County, personally �ppeared
Laurie S. Celms known to
me to be tne person ( s ) described in anc �wnc executed the
foregoing instrument, and acknow edged that he (�ney) executed
the same as his (tneir) free act a d deed.
- � -- ��� -
`''^�� DOROTHY M. HALUH AP.Y PU C .
� �•. NOTARY PUBU��A
'►`._ FiENNEPIN COUNTY
hfy oornrt+Wlon�1rw b�.p
...... / i ��i / CJ
MY COMMISSION EXPIRES .
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