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Home My WebLink About#4780-variances-2002. . , . /�,O\ /� ' V O O \ �e �� CITY Of ORONO � �%I \� �'�'/j RESOLUTION OF THE CITY COUNCIL �9kESH�4��/ NO. � �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.2�, SUBDIVISION 5 (B) SECTION 10.03, SUBDIVISION 9, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 02-2760 `VHEREAS,James D.Cusack and Christine M Grace, (hereinafter"the applicants") are the owners of the property located at 4140 Highwood Road within the City of Orono(hereinafter "the City") and legally described as follows: Lot 36, Highwood, Lake Minnetonka, Hennepin County, Minnesota. (hereinafter "the property"); and `VHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit a ne�v single family residence on a lot of .27 acre area and 51' width where 1 acre area and 140'width are normally required; Section 10.03, Subdivision 9 to permit an accessory structure on a lot without a principal structure; and Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to allow 29�.23 s.£(94.9%)hardcover i�l the �00-1000' setback area�vhere 108.88 s.£ (3�%) is allo�ved. WHEREAS, after due published notice and mailed notice in accordance with l�linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002,at which time all persons desiring to be heard concerning this application�r•ere given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1�Iinnesota: FINDI�GS 1. This application �vas reviewed as Zoning File #02-2760. 2. The property is located in the LR-1B Zoning District, �vhere 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 11,888 s.f. or .27 acres. Page 1 of 6 �� O I O O . . CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL t�SH� No. 4 7 � p 3. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval of the proposed variances based upon the following findings: A. The property has been developed with a residential use since at least 1950. B. The site plan indicates the proposed setbacks meeting 10'side yazd,35'front yard and 30' reax yard as required for LR-1B zoning district. C. The detached accessory building will be the only garage/storage space on the property. D. The lot size is consistent with that of other developed properties in the neighborhood. E. The adjacent properties on either side of applicant's property are developed with existing single family residences,hznce no additional land is available to make the lot larger. F. The residence and garage meet the 15% lot coverage by structures for the property. G. The hardcover variance is necessary because the 500-1000' zone which contains the drivew�ay, is a very small part of the rear of the lot. There is^.o other hardcover that can be removed to compensate. 5. 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 grantin� the variances will 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 applicants,but is necessary to alleviate a demonstrable hazdship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfaze of the community. Page 2 of 6 %� � � 0 0 .� CITY of ORONU a � ti �� G~' RESOLUTION OFTHE CITY COUNCIL t�Es_H� rvo. _ 47 � � 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 allow new single family residence on a lot of.27 acre azea and 51' width where 1 acre azea and 140' width aze normally required; Section 10.03, Subdivision 9 to allow an accessory structure on a lot without a principal structure;and Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to a11ow295.23 s.f. (94.9%)hardcover in the 500-1000'setback are where 108.88 s.f. (35%) is allowed. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by these variances run with the property not with the applicants, but aze permissive only and must be exercised by application for a building permit within one year of the date of Council approval,or these variances will expire on that date (March 25, 2003). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby 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 or Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST: /��`� � �� ___.. Lind�a S. Vee, City Clerk Barbara A. Peterson, Mayor . � -�=�' � �� l� . , � -—~-��'--� ,l� �� (, Property Owner Property Owner %�--" Page 3 of 6 /i p � � O O -. CITY of ORONO .� � ti ��t �G�' RESOLUTION OF THE CITY COUNCIL �EsH� rvo. 4 7 � 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of March,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal co oration said instrument was executed on behalf of the City. ��«' � JACKIE YO�� hOTARY PUOLI�-�+;1:`:':�'�� t ' ,;�, hty Commissian Ex�G r•s Jan.3�.2005 �t � Notary Public j � STATE OF MINNESOTA � COUNTY OF HENNEPIN /S�/ �7 i,� The foregoing instrument was acknowledged before me on this day ofi��,2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. : ..,.- . RACNEL DODGE ;. t. ; NOTASY FUGIIC-M�NNE^OTA '--�� /,,,_,`_� �c�,l�r ti.;:;;.� M1'Cort�ssion Expires Jan.31�2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN t �� On this�day of ��-E-h��`�, 2pC�, <�C�/f^P-� c(�lS�� , IyY,�.;�i-i c�c� personally appeared before me, who is personally known to me _� whose identity I proved on the basis of �'� n►� �7 �- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged ihat he/she/they executed the same as his/her/their free act and deed. ��.�.,,, , �C�,4�s�� C�/tac�� `` "'�, RACHEL DODGE Notary Public . � NOTARYPUBLIC-MINNE^OTA � , .,'� My Comrtdssion Expfroa Jan.31,2005 Page 4 of 6 . . . / O � � /O O � ��.� _ � CITY of ORONO ti �'t�� ,~' RESOLUTION OF THE CITY COUNCIL �kESKo�'� No. 4 7 � fl STATE OF MINNESOTA COUNTY OF HENNEPIN On thisa`�/��day of_ ��F-�nictn/, 20�3 ��1 R l-��-r`�. /Y� � �f'n �'�� personally appeared before me, i who is personally known to me i�-�r;ec� _� whose identity I proved on the basis of �N� �� whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instniment,and acknowledged that he/she/they executed the same as his/her/their free act and deed. _� .��:.�. � ,�a�� :�� , R�'�CH�L DODG� Notary Public � � P.QTArtY PUBUC-MIA'?!E."OTq y • � �'�,�_. 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