The URL can be used to link to this page

Home My WebLink About#4014-variance/CUP-1997 s � � O ` V � � �a - CITY of ORONO � � � �� 4 G'�' RESOLUTION OF THE CITY COUNCIL 9kESH�g'� No. 4 � P � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (n DUPLEX CREDIT AND CONDITIONAL USE PERMIT TO MITNICIPAL ZONING CODE SECTIUN 10.24, LR-1B, ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT FILE NO. 2314 WHEREAS Hoyt Development (hereinafter the "applicant") is the assignee of the purchase agreement fo 2505 2507 Kelly Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, Navarre Cove, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied to the City for a variance from Section 10.20, Subdivision 3 (I) to allow construction of a new two-unit townhome. A variance for constructing a duplex more than 200 feet from an industrial or commercial zoning district is required. A conditional use permit for the duplex credit is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2314. 2. The property is located in the LR-1B, One Family Lakeshore District where the minimum lot area requirement is 1 acre. 3. The Orono Planning Commission reviewed this application on November 17, 1997 and recommended unanimous approval of the proposed variance based upon the followin� unique findings and hardships: A. The subject lot is 1.01 acres. Page 1 of 4 a � � O� � � •. CITY of ORONO .� � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �`�kEsxo�`'� rvo. 4 � � 4� B. The existing structure is a legal, non-conforming duplex. ; C. The existing structure does not meet the required front setback. D. The proposed structure will meet all setback and hardcover requirements. E. The presence of "Outlot A" restricts redevelopment as a single-family residence. F. The subject lot is not adjacent to a commercial or industrial district. G. The subject lot is within 250' of the B-3 District. H. The proposed building site is approximately 100' from the front property line and within 400' of a commercial district. 4. The Council fmds 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 properties, 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 finds that granting a conditional use permit to allow construction of a new two-unit townhome will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate sunounding property values and that the proposed level of use of the properry will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 . . � O� O O � CITY of ORONO `6�_ �\ � � I \�� G'�' RESOLUTION OF THE CITY COUNCIL `9$E 04' N O. :' �9. SH CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to increase the required 200' from the commercial or industrial district to allow a new two-unit townhome to be constructed on the subject lot where the proposed townhome is beyond 200 feet per Municipal Zoning Code Sections 10.24 and 10.20, Subdivision 3 (I), to permit the removal of an existing, legal, non-conforming duplex to construct a two-unit townhome that complies with all setback and hardcover requirements, subject to the following conditions: 1. Authorities granted by this resolution 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's approval, or the special conditions of this resolution will expire on that date (December 8, 1998). 2. 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 authority granted herein, and shall be punishable as a misdemeanor. 3. 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 Orono City Council on this 8th day of December, 1997. ATTEST: �/��'� � _� -�z�� L �_ . ��, City Clerk Gabri Jabbour, May c, iN ,Y _5. b.`E �� . --'�� (� , -- C-�. ��1J�-3J73�-�.4 r.�� Y�2 z S��.��..! . / �-- , ,, . ,� �;,,i ; �= _ - � � r��/ r��7� /�•-� , �� -i i-- ' ��-ti_f i , - � Page 3 of 4 ♦ f � O� O O ��' C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCI� �9kESH.�4'� NO. �� K�. � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrume�nt v�s ac oEwledged before me on this 8th day of December, 1997 by Gabriel7abbour and� L�N , Mayor and City Clerk of the City of Orono, a Minnesota _ municipal corporation and said instrument was executed on behalf of the City. .� ��•. CAROLEA.HASEMAN . �` :�;:,�`�;� NOTAAY PUBLIC-MINNESOTA �� `'�;•?c::,1. HENNEPIN COUNTY My Gommissfon Ex�ires Jan,31,2� .��L�''�� :;;�-- `""' Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��`�'� day of ��y,-, �er , 199 `� , before me a Notary Public within and for said County, personally appeared ;�U h n T �Ss e s e n , o n ,b.e%c�/-E o-� No�� r ��ri` known to me to be the person(s) described in and who executed the foregoing instrument, and �r,`� a d the same as his (their) free act and deed. �_•�~.:� LINDA S.VEE ,r�� NOTARY PUBUG��IINNESOTA �� ,�, �,':=n:-,: HENNEPINCOUNTY �(�- — ��-�•° M��Commission Expires Jan.31,200o Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this j�� day of `T Yl(, , , 199�, before me a Notary Public within and for said County, personally appeaied , t-` �f =� �p f�-�.,�. known to me to be the person(s) described in and who execu ed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �-:f�: U � •, � '' �./ �i �� CAROLE A.HASEMAN Notary Public �';;�?' NOTARY PUBUC-MINNESOTA �? ..�`c�':'r HBVNEPINCOUNTY ;t -••�•° My Cammission Expires Jan,31.2�0 Page 4 of 4 � s � O I O O ��b CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH04'� NO. 4 � � � � STATE OF MINNESOTA ) , ) ss. COUNTY OF H�NNEPIN ) On this �r day of �� , 199�before me a Notary Public within and for said county, personally appeared L�� , known to me to be the person(s) described in and who executed the f egoing ` trument, d acknowledged that he (they) executed the same as his (their) free act and deed. . �-. ° "'• JAMIE l.GEMAR =' ` � NOTARY PUBLlC-WpNN�50TA • .,.« �yy�� '✓ILC.Qi NO Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within ' and for said county, personally appeazed 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_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 Page 4A of 4