HomeMy WebLinkAbout#3952-variances-1997 �� i
� O�
O O
6 C ITY of ORONO
� ti
'ti RESOLUTION OF THE CITY COUNCIL
�t9kE H�g'�G NO. �� 4 � � til -
S
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZO1�IING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. 2253
WHEREAS, David Reinhold (hereinafter "the applicant") is the owner of the
property located at 3551 Livingston within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 6, Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for vaziances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to perniit the construction of a new single
family residence to replace the existing residence on a lot of 0.15 acre area and 50' width
where a 0.5 acre area and 100' width are normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
- FINDINGS
1. This application was reviewed as Zoning File #2253.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on August 18, 1997
and on a vote of 7 to 0 recommended approval of the proposed variances based
upon the following findings:
, A. The existing lot of 0.15 acre in area and 50' width contains an existing
house connected to municipal sewer.
Page 1 of 5
� °�
0 0
CITY of ORONO
� ti
'� RESOLUTION OF THE CITY COUNCIL
�i9kESII04��'G NO. :q 4 .ri 'Z
B. The adjacent properties on either side of applicant's property are
developed with existing single family residences, hence no additional land
is available to make the lot larger.
C. Development of this lot would be in chazacter with the neighborhood, as
evidenced by the fact that of 73 homes in the neighborhood bounded by
Shadywood Road on the east and Blaine Avenue on the west, including
Livingston Avenue, Lyric Avenue and Crystal Place, 41 are on single 50'
lots, 23 are on double 100' lots, and 9 are on triple 150' or lazger lots.
D. Even though this lot is significantly smaller than the zoning district
standards, a residence can be built on the property which meets the lot
coverage, setback and hardcover standards of the LR-1C district.
E. Allowing the replacement of the existing deteriorated structure with a
modest residence will help the City meet its goal of maintaining
affordable housing in the City.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community. �
5. The City 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 variances would not adversely affect tr�c conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hazdship 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.
Page 2 of 5
�
o,�,.
0 0
CITY of ORONO
� ti
'�' RESOLUTION OF THE CITY COUNCIL
��9kE3II04�G NO. :3 4 � 2 �# -
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a new
residence to replace the existing residence on a lot of 0.15 acre area and 50' width where a 0.5
acre azea and 100' width are normally required, subject to the following conditions:
1. This approval grants only the requested lot area and lot width variances.
2. Development of the property shall not exceed the 35% hazdcover limit of the
500-1,000' hardcover zone in which the lot is located. Total lot area is 6,725
s.f., and the maximum hardcover allowed on the property is 35% or 2,353 s.f.
3. Development of the property shall not exceed the 1,500 s.f. "lot coverage by
structures" allowance.
4. At the time the existing house is removed, the existing shed shall also be
removed.
5. Existing house and shed shall be removed within 90 days of variance approval,
and if this is not completed, the applicant is advised the City may proceed with
, hazardous building action.
6. Applicant is advised as part of this proposal that it is the City's intent to grant
no other variances for this property.
7. 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 building
permit wi�hin one year of the date of Council approval, or this variance will
� expire on that date (September 8, 1998).
8. 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.
Page 3 of 5
� o�
0 0
�, CITY of ORONO
� �
�.� G'� RESOWTION OF THE CITY COUNCIL
�9kESH�4��' NO. s� � 5 `,� -
9. 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 City Council of the City of Orono, Minnesota at a regulaz
meeting held on the 8th day of September, 1997.
A EST:
I
f � • �
Dorothy M. H Il n, City Clerk Gabriel abbour, Mayor �'
1
i
Prope Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of
September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City. �
� �
; CAROIE A HASEMAN Notary Public
;: NOTARY PUgIIC.MINNESOTA
: H�+INEPIN COUNIY
,
•,`.`•• MyCommtssionExpiresJan.31.2�00
Page 4 of 5
� O�
O O
��. C ITY of ORONO
� �
'�' RESOLUTION OF THE CITY COUNCiL
��9kE I��g'�G NO. e� � � �i�.
S
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �a day of �n/f�h/��- , 1992 before me a Notary Public within and
for said county, personally appeazed �7�v�;�1 Rp;„,�: �(, n��" n-,��°��'r�.
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.
.• " CAROLE A HASEMAN �C2J�.�-�p� �. �/_��,m-�.✓ _
` NOTARY PUBUC-MINNESOTA NO PIIbliC
• ' •'•' HBVNEPIN COUNTY � �
`' :..•r'
My Comm�ssion Expires Jan.31,2�00
STATE OF M
) 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 h� (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 5