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Home My WebLink AboutResolution 1596 ��y '�� : ' � • � :� _� c�t� o� oR,oNo • � RESOLUTION OF THE CITY COUNCIL � NO. 1596� � • � • • - .. . �, � . � GRANTING VARIANCES TO ' MUNICIPAL ZONING CODE SECTIONS 34.452 - FILE 802 Whereas, Thomas Barney (hereafter "applicant" ) has an interest in the property located at 4100 North Shore Drive within the . � City of Orono (hereafter "City" ) and legally described as Lot 70, Highwood Lake Minnetonka (her.eafter the "property" ) ; and Whereas, the applicant has applied to the City for variances . to municipal zoning code section 34. 452 to permit the construction of a new residence on a property 10, 000 square feet or 23$ of the required area instead of the required 43 ,560 square feet or 1 acre in area and on a property with a lot width of 50 feet or 36� of the required width instead of the required 140 feet of lot width. FINDINGS � � � l. This application was reviewed as zoning file No. 802. 2 . The property is located in the LR-1B Single Family . Lakeshore Residential Zoning District. � . 3 . A cabin has existed on the property for over 30 years. 4 . On July 13 , 1981, Council passed Resolution 1294 approving sewer service to the property and approved a future assessment for such service. 5 . The property is surrounded by lands owned by the City; lands that will provide future parking for the 14 acre Highwood Nature Trail. 6 . The proposed structure meets all required zoning , setbacks for the LR-1B Zoning District. 7 . The property is the same size as nearby Lot 72 located at 4064 North Shore Drive which contains a habitable dwelling and which lot was provided with sanitary sewer service in the 1981 Highwood sewer project. 8. The City Council has considered this application including the findings and recommendations of the Planning . • � Commission, reports by City staff, comments by the owner and the effect of the proposed variances on the health, safety . and welfare of the community. � • ^ •J , c�t� o� oR,oNo • � RESOWTION OFTHE CITY COUNCIL � � NO. 1596 • � • • 9. 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 va�riances would not adversely effect traffic conc�itions, light, air nor pose a fire hazard or other � danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a � demonstrable liardship or difficulty; is necessary to preserve a substantial property right of the owner ; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants • variances to Zoning Ordinance Section 34. 452 to permit the construction of a new residence on a property. 1�J,00� square feet or 23� of the required lot area of 43 , 56c� square feet or 1 acre and on a property with a lot width of 50 feet or 36� of the required lot width . instead of the required 14�J feet of Iot width subject to the foilowing conditions: � l . No other variances are granted or permitted for this structure. 2. The �pplicantisherebyadvised thatCouncil ' sapproval of this variance to permit construction of a new residence � on the property will in no way bind or hinder this Council or � a future Council from denying improvements to the property � that requ9.re variances to any mur�icipal code. 3. As directed by State Statute, the City will consider a written petition from either the applicant or the owner of . Lot 72, Highwood Lake Minnetonka to acquire Lot 7I , Highwood � Lake Minnetonka. _ 4. Authorities granted by this variance run with the property not with the owner , 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 (January 9 , 1985) . • � V • w J Clt� of ORONO • Q� RESOLUTION OF THE CITY COUNCIL � • NO. 159 6 . • � • • • _ . 5. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of ' the zoriing co�le, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor .- ' 6. The undersigned owner has read , understood and hereby ' agrees to the terms of this resolution and on behalf of himse.If, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of January, 1984 . ATTEST: CITY OF ORONO • ��<Z��c.1�� City Clerk Mayor �1) e`_/�w�� P operty Owner ( � . . (', S Property Owner s) (3) Property Owners (s) � , �� . - � ..° J . ' � � :.y. . ^ . .� . . � Cit� o� ORONO . , • � RESOWTION OFTHE CITY COUNCIL � • NO. 1596 � . • � • • � '• STATE OF MINNESOTA ) . . � COUNTY OF HENNEPIN ) ' On this �7 r. • day of /,%��1�� . 19�, before me a . _ Notary blic within nd r sa d County, personally appeared � � / us Au i4A1 GJiF�' known to me to be the person(s) described in a d w o executed t e oregoing instrument, and� acknowledged that �e (they) executed the same as his (their) free act and deed . . . _ ; — � "�. � , . e,,,.` ARY PUB IC . �OTHY . H��U�It '+� �HEN�N��IAO � — ��'"' ��/ • MY COMMISSION EXPIRES . ' STATE OF MINNESOTA ) ) . COUNTY OF HENNEPIN ) � On this . day of , 19 , before me a Notary Public within and for said County, personally appeared known . to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . NOTARY PUBLIC MY COMMISSION EXPIRES � i . , ,1- � � :��~ r+' � _ ' . � � Clt� o� ORONO �. � RESOLUTION OF THE CITY COUNCIL . � • NO. 1597 � , • . • " • • A RESOLUTION DESIGNATING APPOINTA�lENTS FOR TAE YEAR 1984 BE IT RESOLVED by the City Council of the City of Orono , Minnesota , that the appointments and designat�.ons for the year 1984 are as follows• APPOINTMENT/DESIGNATION 1984 Acting Mayor Tom Frahm Planning Commission Councilmember Alternate . Park Commission Chairman Barbara Peterson Planning Commission Chairman , J. Diann Goetten Planning Commission Vice—Chairman Edward Callahan . Human Rights Chairman Sandy Welsh Rep. To . Lake Minnetonk� Conservation JoEllen Hurr ' District . Rep. To Associata.on of Metropolitan Walter R. Benson Municipalities �ad Attorney Bruce Malkerson .y Attorney Firm Popham, Haik , Schnobrich, Kaufman and Doty Lead Engineer Glenn Cook City Engineering Firm .Bonestroo , Rosene, Anderlik and Associates Hea].th Officer Mound Medical Clinic Auditor Anfinson, Hendricksons & Co . " Fiscal Agents Ehlers & Associates Official Newspaper Lake Minnetonka Sun & Laker Official Depositories First National Banks of: The Lake (Navarre) Wayzata Minnetonka � Wayzata Bank & Trust Company Merrill , Lynch , Pierce, Fenner Smith, Inc . � ' F & M/Marquette National Bank American National Bank & Trust Company of St. Paul First Bank of St. Paul . First Bank of Minneapolis Midland National Bankof Minneapolis National City Bank of Minneapolis Northwestern National Bank of Minneapolis_ Twin City Federal Savings & Loan � Offerman & Company, Inc . Bank of America, San Francisco, CA Weed Inspector Mary Butler Assistant Weed Inspector ' Walter R. Benson• Transportation Committee Tim Adams ' Civil Defense Director Melvin Kilbo