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Home My WebLink About#3937-variance-1997 . � °� . 0 0 _ �b. - C ITY of ORONO � , � - � �� 4 � G'� RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. e� 9 c3 � A RESOL�JTI�ON GRAN'i'�1�G A VARIAN�E 7C0 MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISIUN 6 FII.E N�. 2261 WHE�'.EAS, Thomas Meyers is the owner of the property located at 345 Leaf Street and Tony Eiden and Diane Eiden (hereinafter "the applicants") have an interest in the property located at 345 Leaf Street within the City of Orono (hereinafter "the City") and legally described as follows: the East 310 feet of Lot 12 and the East 310.00 feet of the North 124.7 feet of Lot 13, Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property"); and �JVHEREAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.23, Subdivision 6 to remove an existing residence and construct a new residence. A variance for lot azea to reduce the required lot area from 2 acres to 1.77 acres is required. NOW, THEREFORE, BE IT RESOLV�D by the City Council of Orono, Minnesota: FII�I1�1G5 1. This application was reviewed as Zoning File #2261. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is two acres. 3. The Orono Planning Cor.lmission reviewed this application on July 21, 1997 and recommended unanimous approval of the proposed variance based upon the following unique findings and hardships: A. The zoning lot is 77,039 sq. ft. (1.77 acres) and does not meet the minimum lot azea requiremen� of 2 acres. Page 1 of 4 � =• I I O� O O e CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �L`'9.t�E �IpS��'G NO. �� S B. The applicants have obtained the owner's consent to apply for a lot azea variance. C. No other variances for construction of a new residence are anticipated. 4. The City Council finds ihat 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 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. 5. � 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 variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a lot area variance to reduce the required lot size from 2 acres to 1.77 acres per Municipal Zoning Code Section 10.23, Subdivision 6 to permit removal of an existing residence and construction of a new residence, subject to the following conditions: 1. Future buildings are to be located within the setbacks as shown in Exhibit D. No future variances will be approved. � 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit withui one year of the date of Council approval, or this variance will expire on that date (July 28, 1998). 3. Violation' of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically . terminate any authority granted herein, and shall be punishable as a misdemeanor. � Paae 2 of 4 � 0,�. � O O : 6 C ITY of ORONO � � �� G'�' RESOWTION OF THE CITY COUNCIL ��ESH�4��' . NO. � 9 3 '1� . 4. The undersigned owner and 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 Chai.n of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 28th day of July, 1997. ATTEST: � u%::.�� 2�/ v ro ' , ' rk Gabn Jabbour, May E,.��l�� S�. l/.� � D u�-� (,'Ie�K. Thomas Meyers, Property O , ' � � Tony Eiden, Appl' t Diane Eiden, Applicant STATE OF MINNESOTA ) ) ss. . _ COUNTY OF HENNEPIN ) The foregoing uis�e�nt Y acknowledged b�fore me on this 28th day of July, 1997 by Gabriel Jabbour and Hoi . ' , Mayor and�Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . � _ :�.,- " JMME L 6EMAR y� �-�h J • - 1�OOut� No ublic M1►�601�s,1a�1.� � Page 3 of 4 . � O� O O _ �, CITY of ORONO � � � '� RESOLUTION OF THE CITY COUNCIL ��kE Hp4��'� N0. 3 9 3 7 s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _��day of � U -�— , 199 7 before me a Notary Public within and for said county,personally appea d / �` known to me to be the person(s) described in and who executed foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. � LINDA S.VEE . i/ ` NOTARY PUBLIC-�d�NNESOTA �/ ,.�•. •• HENNEPIN COUNTY . •`'•....•°� My Commissian bcDires Jan.31,200o N T 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 a eared ,L�vr� �.�.�L n'J Q/ri�e� 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. ' r t�� %��G�'2 �� `�c` � . �i►��.� NOT PUBLIC STATE OF MINNESOTA ) . ) ss. • - COUNTY OF HENNEPIN ) On this �day of �c�-- � , 199�before me a Notary Public within ' and for said county,personally ared � �'� , _ � known to me to be the person(s) described in and ho executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ��.u� : "•• JAMIE L.GEMAR NO Y PUBLIC = "� ` � NOTARY PUBLIC-MINNESOTA z ' • . HB�IN�M COUWTY � �" �►�h►Conani�otl6�hes,ten.31.2000 Page 4 of 4 � Estnblished in 1982 �/OICE NO 47177 • , l.01' SURVEYS CO�PANY, INC. F.s.NO-no-is � LAND SURVEYORS SCALE: 1" _<n� REGI3TERED UNDER THE LAW9 OF STATE OF HINNESOTA o pa�wte.ta,Morx.,,ent 7E01 73rd A��aue North eia-eea-socs o o«wtes wooa►�s.t 1as Na 690-9682 tar exewallon a�ly . Yinneapolfa,Ylaae�ota 66�28 � xppQO Ouwlss E�dtt4q Qwotlon EIDEN COHSTRUCTION �iurvr�ars UZprt�firatP �a M�wtes Propoa�d Elsvaqm ...... _ .. . .. �u.�.��. o��a - ��,.,a T� or� ` �� , a�,..a cQ«�. c�� - � a.opo,.a Lo.roet itoor � I \� `�` fd`P. _ `�..� A TyPe or eund�ny I , \� V C � � � � �. ��'� .e� 9 � '�' �� . K�� . , � . ; �� '� \ , . � , �•, , �,.�. , i �`• ��t• ; � .�. • � • . -..�.. j . �. � .� . � � �(` . � . � I � � _. . - $t:U�INC7 ,''•�_ � \ � �� .� I � � PPrb �� , � 1 -r �., i 1 � ( � 9j7j � L. � " � � . • � a � � . ; - - � �. ' � -� � � . . I ` (�Ar��i GA�AN fi+l -----'--��--� '_�' �1 � � -�- - tib--•� ---• �- � � �r�p Q i m� 1 N � / � i i � s��v� �; -- � � � Ak'�'�, y�iY � � n U.. � �1 1�/2•g �ANO � 'm9�' � ' ----- uBt9� . __. 3� ` � . � ►i..e�5 �2 1 �' . � � J ! � ' 1J � � � � � �� i -�-�-. • . � • � •!� • '.� . • �-►-••—� . I , `.• �� I � - —2'11.0�la� 2Ti.Zt me��=— --- i s�i � '�-!"( .Cd.i.P. -- �- .i � — -310 - - sd.�.e - � . �� . ' , .. U Area : 77,039 sq. ft. excluding road. The East 310.00 feet of lot 12 and the East 310.00 1.77 acres feet of the Horth 124.7 feet of lot 13. Auditor's Subdirision NumDer 203. Hennepin County, Minnesota Sub3ect to road and easements of record if any. Proposed gradea ae wbjeet lo rowlls ol sod teats. Propoaed bu�d'ug htamation mwl ba cfiackad with approved bu�d'�q p�on bafae exeovation and tonstruetion. . The oniy easemenla ehown ara irom ptots of racord u tnformatbn . ' , provided by c6mt. ' � ' We heroby evlily lhal lhia is o true and eorreet represenlol'an of - . o aurvey of tAe bandarka of tNe obove deecnbed bnd ond (hs _. 4 ,' toeolion of d buBdings and vh�la enuooeMnenla, ft my,from or on (�,,+ sofd land. 5�¢�sd Survoyod by w lhie 8tfi doy of �1ulY 19�._ . ...... Chvks F.Mder�on.�8n+. Re¢No.21733