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Home My WebLink About#3431-variances-1994 r � � �`�' CITY of ORONO �_:� O �;�� RESOLUTION OF THE CI'I'Y COiTNCIL �� 4 3 1 � '�1��' '�� ti �ro. � � �� . '�'�9�Ei �Og�G sK A R�SOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 5 (B) FILE NO. 1920 VVHEREAS, Phillip M. Otto (hereinafter °the applicant") is the owner of the property located at 4116 Highwood Road within the City of Orono (hereinafter "the City") and le�ally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zonin� Code Section 10.25, Subdivision 5 (B) to permit the construction of a new residence that will be placed 14' from the street lot line where a 35' setback is required and 3' from the west side lot line where a 10' setback is required on a property that measures 80' in widt}i where 140' width is required and where the area of the lot is 16,888 s.f. where 43,560 s.f. is required. NOW, TH�REFORE, B� IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1920. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre or 43,560 s.f. in area. The property consists of 16,888 s.f. or .39 acres. 3. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended unanimous approval of the proposed variances based upon the following findings: A. The property is served with sewer. Page 1 of 4 ferm5"GS Guw?� � � �' ��' CITY of ORONO O_ �� O �':�„-�, � RESOLUTION OF THE CITY COUNCIL , �+:��, � � ,��°� ��:�� ti No. � 4 3 � , � ti �� G ES�I B. A residence had existed on the property for over 40 years until it was destroyed in a fire in 1989. C. The size and width of the lot is consistent with other properties within the Highwood Road neighborhood. D. The original residence was located 13' from the street lot line and 3' from the west side lot line. E. The new principal structure will be located 23' from the street lot line and a deck 14' from the street lot line and 3' from the west side lot line. 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 5 (B) to permit the construction of a new residence requiring a lot area variance of 26,672 s.f. or 61%, a lot width variance of 60' or 43%, a street setback variance of 21' or 60%o and a side setback variance of 7' or 70%, subject to the following conditions: Page 2 of 4 r�soos o::w < < � ��' CITY of ORONO O : O ��`�� RESOLUTION OF THE CITY COUNCIL �;� � � ��';��',.�'� ti No. 3 4 31 l � 7 � t��9�Eo��G sK 1. Lots 39 and 43, Highwood Lake Minnetonka shall be legally combined prior to the City issuing a building permit for the new construction. 2. Applicant to provide detailed grading and drainage plans with application for building permit to ensure drainage follows existing pattern and to address the stabilization of all disturbed higher elevations within street yard. 3. All improvements of this property shall be limited to 30% hardcover. 4. Authorities granted by this resolution 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 (May 23, 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 authoriry granted herein, and shall be punishable as a misdemeanor. 6. 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 Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of May, 1994. A ST: o lin, City Clerk Edward J. Callah Jr., Mayor / � Property wner (s) PaRe � of � � . _, . � �1V' C�TY of ORONO �_ �� . ��:��,,�, RESOLLITION OF THE CITY COU�ICIL ��. � Q +� �� 'O. �v � � � ,� 1 �}.�'-� � 6 �, � �� Y � � �9kEs8�g� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledge�a for a deCiryCle k o�f�e C�aof 1994 by Edward J. Ca l l a han, Jr. a n d D o r o[h y M. H a l l�.n, y Orono, a Minnesota municipal corporation and said instrument was executed on beha l f o f t he City. CAROLE A. HASEMAN N07ARY PUBLICr►AINNESOTA ��/Y - O J � � '�c.c.v—�— HENNEPIN COUNTY � -�`� � ur ca.�Missa�ocPiaEs azsss �lotary Public STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) Pr , 199'� before me a Notary Public within On this �� day of — r • and for said county,personally appeare � i - known to me to be the person(s) described in nd who eeerufree actfand�deed.�t�ment,and acknowledged that he (they) executed the same as tus (th ) r oA�ar�PusA�EEso� l "n � / �/ .�� e .f �O�-�2-.�J HENNEPIN COUNTY MY COMMISSION EXPIR£3&7198 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , 199 before me a Notary Public within On this day of — and for said county,personally appeared kno wn to me to be the person(s) described in and who�e.ee�u f=e ��tf and deed,�t�ment,and acknowledged that he (they) executed the same as Yus ( NOTARY PLTBLIC page 4 of 4 ��.�:.,-.�- •. �� Exhibit A ihat part of Lot 38 , Highwood , Lake Mir�netunka , described as f o 1 1 ows : Commenc i r�g at the Northeaster 1 y co''fleT" of sa i d Lot ; thence Southwesterly alor�g the Southeasterly line uf Said Iot a dista��ce uf 98 feet to the puint ur beyinniny of the pruuer�ty beiny desc: ribed ; thence deflectiny r � yht 69 deyr�ees a distance �r 6 . 2 fieet ; thence derlecting left 90 deyree5 , t� said Suutheas�erly line ; thence Northed5terly t� the u� int ur beginniny , accordiny tu the � Idt t`�ereut un riie or or rec�rd in the otrice �r� the Registrar �� Tlt1e5 lfl dflQ i � r' Sd1 �� OUflty . ALSO That udrt � t Lot 40 , Hiyhwuod , Lake i�1l �iri�tu�ika , ly � r:y SouLhwest�rly �r the line drawn frum d p� 1nt or� the ;�orth - west2rly iine ut s� 1d l �t , distant 22 teet ��rtheaster• ly tr�m the Suuthwest corner �fi Said lot , to a �� i �it on the rn�st SuuCheaSter� ly line �f sdid l �t , disLar�t 12 reet Nurth - easterly r" rum sdid S�uth��rest corner , according t� the ulat there��r ��r� r" ile ur �t reCC�rd ir� the ufitice ut the R�ytstrar ot Titles in dnc� tur said County , AL50 Lot 39 , Highwood , Lake t�l : nnetonka , acc�rdiny t� the uldL thereufi �n tile or ot record iii the of� ice �T the Reyistrar uf Titles in and tor 5aic; County . ALSO Lot 43 , Hiyhwo�d Lake "tinnet�nka .