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Home My WebLink About#4882 -variances-2002 . � � r � O� O �� O ,� ��,.- CITY of ORONO �;;�; � � 1 er., � Y �� 0 ~' RESOLUTION OF THE CITY COUNCIL ��`9If Sg0�G NO. 4 � � � A RESOLUTION GRANTING VARIANCES TO MiJNICIPAL ZONING CODE SECTIO�' 10.24, SUBDIVISION 5 (B) FILE NO. 02-2833 `VHEREAS,G&G Holding Company,Inc.,(hereinafter"the applicant")is owner of the property located at 1160 Loma Linda Avenue within the City of Orono (hereinafter"the City") and legally described as follows: Lots 14 and 15 Loma Linda, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Section 10.24, Subdivision� (B)to permit new construction on the property with a defined lot area of 0.65 acre where 1 acre is required and a lot width of 113' where 140' is required; and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 21, 2002, at which time all persons desiring to be heard conceming this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, ��linnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2833. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zonin� District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. The property is 28,190 s.f. and has a lot width of 113'. 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findin�s and hardships: Paje 1 of 5 , _, . � O _V O O � � CITY of ORONO . ;-. �, � ti �� G'�' RESOLUTION OF THE C17�,Y� COUNCIL `9k'ESI30g' NO. � � � `� A. The City of Orono has routinely granted variances to lot area and lot width for redevelopment on non-conforming lots in the City. The property does meet the criteria that is normally considered when reviewing such proposals. The property is connected to sanitary sewer and the house would be located in an area above the regulatory flood plain. B. No variances to hardcover, lot coverage or setback standazds are required. � C. Hennepin County Tax Records indicate,this property has been developed as a single-family residential property since at least 1925. D. An e.cisting non-conforming shed located in the 0-7�'lakeshore setback shall be removed to brina the property into greater confornuty. 4. The City Council fmds that the conditions existing on this property are peculiar to it and do not app15�generally to other property in this zoning district;that granting the variances�vill not adversely affect traffic conditions,light,air,nor pose a fire hazazd or other danger to neighboring property;would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulry;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 CONDITIO\'S Based upon one or more of the above findings,the Orono City Council hereby grants vaziances to Municipal Zoning Code Section 10.24,Subdivision 5(B)to permit new construction on the lot�vith a defined lot area of 0.65 acre where 1 acre is required and a lot«idth of 113'where 140' is required, per the site plan attached to this resolution as Exhibit A, subject to the followin� conditions: 1. All erosion control measures,as recommended by the City Engineer,shall be in place prior to construction of the new residence. Page 2 of 5 .� o,�,. 0 0 CITY of ORONO � - ;,. �, ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo4` rvo. 4 � � � . e existing shed within 75' of the lakeshore shall be removed simultaneously with the existing house. 3. Authorities granted by the variances run with the property not with the applicant,but are permissive only and must be exercised by application for a building permit within one yeaz of the date of Council approval,or these variances will expire on that date (October 28,2003). 4. Violation of or non-compliance with any of the terms and conditions of the variances _ shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owners have read,understand 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 Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: �� U , Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �_. cial Representatives of G&:G Holding Company, Inc. � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i , KRISTI B.�INOERSON ��A'� �� -��.�.��.'` N��y�.��r� Notary Public �' p�jy��J�.31,2007 Paae 3 of 5 � �� O � � CITY of ORONO� ,� -- :... � � ti �� G~' RESOLUTION OF THE CITY COUNCIL `�k'ESYiOg' N0. � � � �''• STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this /.2'�� day of 0%.h)�i'� ,200 d2. by Linda S.Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . �. , � � Notary Public STATE OF MINNESOTA DENISE M.LESKINEN COUNTY OF HENNEPIN ��A Mp Condnbelon E�res Jan.31,2005 On this�day of � ,20�, ��- �a.. G', GrJ( d� personally appeared before me, who is personally known to me _�/whose identity I proved on the basis of �-Ulf ��- whose identity I proved on the oath/affirmation of . a credible witness and who executed the foregoing instrument, and acknowledge�that he/ he/they executed the same as his/her/their free act and deed. r N STATE OF MINNESOTA DENISE M.LESK�NEN COUNTY OF HENNEPIN ��'�� .;n• �y�bn Exphea Jan.31.2005 On this day of , 20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of ; a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of 5 • . 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