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Home My WebLink About#4707-variances-2001� ti . , ' /'� O\ � � , \ 0 0�, ��. - �� C ITY of ORONO ,� ��, �� ,'�' i� RESOLUTION OF THE CITY COUNCIL t� 4�/ 4 �' � �' �kES� N O. A RESOLUTION GRANTING VARIANCES TO MLJNICIPAL ZOlYING CODE SECTION 10.24, SUBDIVISION 5 (B), FILE NO. O1-2710 WHEREAS, Donald E. Davidson and Joanne K. Davidson (hereinafter "the applicants") are the owners of the property located at 568 Keene Avenue within fhe City of Orono (hereinafter "the City") and legally described as follows: Lots 6, 7, and 8, Block 16, Minnetonka Bluffs, together with that part of the West half of adjoining vacated alley lying South of the Easterly extension of the North line of said Lot 8, Hennepin County, Minnesota(hereinafter"the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision � (B) to permit the construction of a new residence on a vacant lot, the new residence to be located 30' from the front lot line where a 50' street or front setback is normally required, and requesting a rear setback of 29.5' where 50' is normally required, and requesting a south side street setback of 45.5'where 50' is normally required, and requesting a lot area variance for construction of a new residence on a property of 22,582 s.f. in area where lot area of 87,120 s.f. is normally required, and requesting a variance for the existing lot width which is 176' where the lot width is normally required to be 200'. WHEREAS, after due published notice and mailed notice in accordance with 1�linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 15, 2001, at which time all persons desiring to be heazd concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#01-2710. I 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District, where 2 acres is the minimum lot area. The property consists of Page 1 of 6 � , � O � � O O �. CITY of O ONO �, ti � G~' RESOLUTION OF THE C TY COUNCIL �9kESH0�'� NO. ,t� _ � approximately 0.52 acres (0.51 acre dry buildable). 3. The Orono Planning Commission reviewed this application o October 15,2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of f ct: A. The property consists of three lots legally co bined and extremely undersized for the RR-1B zoning district, but sim'lar in size to nearby developed lots in the Minnetonka Bluffs neighborho d. B. The adjacent properties are developed, therefore ther� is not any additional land available to meet the zoning requirements. C. The steep topography of the lot makes placement of e residence difficult, forcing it into the north half of the lot. D. The proposed residence does meet City ordinance sta ards for structural lot coverage. E. The proposed residence does meet city ordinance requ ements for hardcover in the 500-1000' setback zone. F. Driveway access will be approved by the Public Servi ces Director. 5. The City Council finds that the conditions existing on this p operty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, lig t, air, nor pose a fire hazard or other danger to neighboring property; would n t merely serve as a convenience to the applicants,but is necessary to alleviate a monstrable hardship or difficulty; is necessary to preserve a substantial property 'ght of the applicant; and would be in keeping with the spirit and intent of t e Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application includi g the findings and recommendations of the Planning Commission,reports by Ci StafF,comments by Page 2 of 6 � ��!�? � O ' V O , CITY of O ONO � ti . � p'�' RESOLUTION OF THE CI Y COUNCIL ��`9k'ESI304'� NO. � �`�, � � the applicants and the effect of the proposed variance on e health, safety and welfaze of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City ouncil hereby grants ariances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to p rmit the construction f a new residence on a vacant lot,the new residence to be located 30' from t e front lot line where �0' street or front setback is normally required, and requesting a rear side etback of 29.5'where 50' is normally required, and requesting a south side street setback of 45.5' �here 50' is normally r quired, and requesting a lot area variance for construction of a new resid nce on a property of �'',582 s.f. in area where lot area of 87,120 s.f. is normally required, and req esting a variance for t e existing lot width which is 176' where the lot width is normally required to be 200'. Approval i subject to the following conditions: , 1. Council approval is based on the site plan submitted by the app icants attached to this resolution as Exhibit A. Any amendments to the site pl may requi:e further Planning Commission and City Council review. 2. Applicant is advised that because the proposed residence ses the entire 15% structural lot coverage allowance,additional structure on the roperty will not been seen favorably. 3. Authorities granted by this vaziance run with the property no 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 varian e will expire on that date (October 22,2002). 4. Violation of or non-compliance with any of the terms an�l conditions of this variance shall constitute a violation of the zoning code,shall au omatically terminate any authority granted herein, and shall be punishable as a mis�iemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, su cessors and assigns, hereby agrees to the recording of this resolution in the Chain o Title of the property. Page 3 of 6 / 0 � � � 0 �. CITY of O ONO � ti � G'�' RESOLUTION OF THE C TY COUNCI L ��k'ESH�4'� NO. � O � Adopted by the City Council of the City or Orono,Minnesota at a r gular meeting held on e 22nd day of October, 2001. TTEST: _ � / ; i sv � (/�!_e1 ,�� ,.,._. . inda S. Vee, City Clerk Barbara A. Peterson, ayor � �----__. ? � �\ �� roperty Owner(s) S ATE OF MINNESOTA I OUNTY OF HENNEPIN II ,:, The foregoing instrument was acknowledged before me on this f`�`�d ay of October, 2001 b Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipa corporation and said i strument was executed on behalf of the City. I RACHEL DODGE > , ' ,`':- ^OTA NO?ARYPUBLIC.WqNNE: �� Cl�i.�-�--� C,G ��- ��i� �►«��31�� Nota Public ,. ;.. ,� Mr ry .� �.-..._.<.�. I S ATE OF MINNESOTA C UNTY OF HENNEPIN The foregoing instrument was acknowledDed before me on this �� - �<� da�• of October, 2 1 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said in trument was executed on behalf of the City. ,, 4 �,�'�=''� RACHEL DODGE �-- 'r� ` � �� ,�cr�-i� �"��J`` �'` NOTARY PUBUC-MINI�^•OTA �:�;;:-``;:;� nay com�ior��res,�.s�.�oos Notary Public ••:��:: , . _ Page 4 of 6 � / � �� • � � . CITY of O ONO � ti � �,~' RESOLUTION OF THE C TY COUNCI� ��`qk'ESg04'� NO. � O � � TATE OF MINNESOTA OUNTY OF HENNEPIN On this ��S{ day of_U�7-��,�>� , 20 L i , [h�r�-4 i ci c�- • Dc�_��,c�s u;-,, v�r�Y�C-�i ersonally appeared before me, who is personally known to me V whose identity I proved on the basis of �`1'�� l�►-- whose identity I proved on the oath/affirmation of , a credible witness d who executed the foregoing instrument,and acknowledged that he/she/ ey executed the same his/her/their free act and deed. - �. RACHEL DODGE j� NOTARY PUBUC-MINNE.^•OTA � '\ /�-�� =�'� �,y ca�ron��.31,� Notary Public , ;,::. S ATE OF MINNESOTA OWi TY OF HENNEPIN On this 3 L`�day of �C-j_�6�c'✓" , 20 C ► , T� ��r�:. , /�� '+d So�1, p rsonally appeazed before me, rv�r r��EC� who is personally known to me � whose identity I proved on the basis of �y��' ��- whose identity I proved on the oath/affirmation of , a credible witness d�vho executed the foregoing instrument,and acknowledged that he/she/t y executed the same his/her/their free act and deed. r�: ) � RACHEL DODGE `-/��'�-�_ � ��-_C� �rr�r� '>'.:�^ NOTARY PUgLIC-MINNE^OTA � — ,,... 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