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HomeMy WebLinkAbout#3229-variances-1993 � � o� ;,' O � O 1 i� A 4- , il C ITY of ORONO ; � �, ; � G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 3 2 2 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1789 WI3EREAS, Libbie Hopwood (hereinafter "the applicant") is the owner of the property located at 1205 Lakeview Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 12 and 13, Block 1, "Maxwell's Addition" to Crystal Bay, Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the properry"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the complete reconstruction of a residence destroyed by fire requiring approval of an area variance of 75%, properry has a total of 21,357 s.f. or .5 acres where 87,127 s.f. or 2 acres is required, a front street setback variance of 25' or 50% and a side street setback variance of 20'8" or 41.6% where a 50' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1789. 2. The property is located in the RR-1B Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 19, 1993 and recommended approval of the proposed variances based upon the following findings: A. The property is served with sewer. Page 1 of 4 � °� 0 0 ��b: - C ITY of ORONO � � ,� G'ti RESOLUTION OF THE CITY COUNCIL ��kESH��� NO. 3 2 2 9 B. A principal structure could not be placed on the properry meeting all required setbacks of the 2 acre RR-1B Zoning District. The properry is 1/2 acre in area and a narrow corner lot. C. The structure was demolished by fire in 1992. D. A residence structure has existed on the properry since 1956 and at that time satisfied all standards of the zoning district in effect (15,000 s.f. in area and 100' lot width). E. The structure is to be rebuilt in the former building envelope and will encroach no closer into substandard setback areas. The purpose of rebuilding in the same envelope is to make use of the existing footings of the former structure. 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 10.28, Subdivision 5 (B) and to permit the reconstruction of a residence completely destroyed by fire requiring area and side and front street setback variances, subject to the following conditions: � 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a subdivision within one year of the date of Council approval, or this variance will expire on that date (February 8, 1994). � 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 herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the properry. Page 2 of 4 � °� 0 0 ��b - c�TY o� oRONo � � �'.� �'ti RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 3 22 9 Adopted by the Orono City Council on this 8th day of February, 1993. A ST: ; � �, � — � . . D othy allin, City Clerk w r J. C , Jr., ayor � , r erry Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of February, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , _ (/�2.i LINDA S. VEB y � NOTAHY PUBUC- MINNE30TA NO Public HENNEPIN COUNTY �. ; WIy commissbn exP�res&12-68 My Commission Expires Page 3 of 4 � . . � O ' V O O �:, .- CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH04�' NO. 3 2 2 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this //`f"�' day of ���/�va r�i , 199-3 before me a Notary Public withi.n and for said county,personally appeared � ; b;� a n ryoo�, ; �ar,�-,c rr�� known to me to be the person(s) descri ed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. cn�n. w►s�uw C� No�r�nr ausuc—MwNEsor� � ) HENNEPIN COUNTY NOTARY PUBLIC MY OOAAMISSION EXPIRE9 b2}98 STATE OF NIINNESOTA ) ) 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 4 of 4