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Home My WebLink About#5474-variances-2006 � °� 0 0 � � - CITY of ORONO � � � � � �n�:�;.- � `� RESOLUTION OF THE CITY COUNCIL �L`�kEsK�4��G rvo. 5 � 7 � A RESOLUTION GRANTING LOT WIDTH AND LOT AREA VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 ' FILE NO. 06-3192 WHEREAS, William Titler and Mary K. Titler, husband and wife (hereinafter "the owners") are the owners of the property located at 4209 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 2, Orchard Beach, Hennepin County, Minnesota, described as follows: Beginning at a point on the North line of said Lot 2 a distance of 98 feet Southeasterly from the Northwesterly corner of said Lot 2; thence Southwesterly to a point on the Southerly line of said Lot 2 which point is 60 feet Southeasterly from the Southwesterly corner of said Lot 2; thence Southeasterly along the Southerly Iine of Lot 2 a distance of 60 feet; thence Northeasterly to the Northerly line of said Lot 2 to a point on said line which point is 76.5 feet Southeasterly along the Northerly line of said Lot from the poir_t of beginning; thence Northwesterly alon�the Northerly line of said lot to the point of beginning (hereinafter the "property"); and WHEREAS, the owners have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to allow construction of a house on a lot that is 55 fezt wide when 140 feet is required and has an area of .58 acre when one acre is required. WHEREAS, after due published notice and mailed notice in accordance with Nlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Comrnission held a public hearing on May 1�, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Paae 1 of S � � � �� 0 0 � CITY of UR4N� � a � ti '�'',� G'�+' RESOLUTION OF THE CITY COUNCIL �`�kEsH.�4�' NO. � � � 4 FINDINGS 1. This application was reviewed as Zonit��File#06-3192. 2. The property is located in the LR-1B Zoning District which requires a minimum lot area of 1 acre and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on May 15, 2006 and recommeiided approval of the vaziances based on the following findings: a. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance minimum area and width lot requirements. The prs�perty is .58 acres in area and has 55 feet in width at the shoreline and at the 75 foot setback. b. The lot is provided with City sewer. c. The owners are not able to acquire additional property to meet minirnum lot width and area requirements. d. A house has existed on the lot since 1900 and on the adj acent lots since 1955 and 1951. e. The proposed residence meets all other Zoning Ordinance requirements with respect to haxdcover setbacks, lot coverage by structures, and building height. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds 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 ilot adversely affect traffic conditions, light, air Page 2 of 5 � � �� 0 0 ��a CITY of ORONO � � ti "�',� G'4 RESOLUTION OF THE CITY COUNCIL �`�k'ESII�4� NO. �i � � � nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS _ Sased upon one or more of the above findings, the Orono City Council hereby grants vaxiances to Orono Municipal Zoning Code Sections 78-330 to allow construction of a new house, subject to the following conditions: 1. Council approval is based on the site plan submitted by the owners and annofiated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require fiirther Planning Commission and City Council review. 2. The Owners shall grant a utility easement for the existin.g sanitary sewez on the pxoperty. 3. Landscaping shall be provided adj acent to the house along the northeasterly property line, according to a plan acceptable to staff. 4. A rain garden shall be provided noted on Exhibit A. 5. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be e,cercised by obtaining a building pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 12, 2007). 6. 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. Pa�e 3 of 5 � � o,�,. � 0 0 CITY of ORON() � � ti ti RESOLUTION OF THE CITY COUNCIL ��`4k'EST�I�4�'G NO. 5 � T � 7. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of the owners and the owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 12�' day of June, 2006. ATTEST: /' �; �~i; ..�--�===':_.�._„ .`��t:��✓ '� P !l .�,k% ��'�'s�'�:='�•��.�`�,k"�._.�'r�:.e--�°-�'�t.,�:. Linda S. Vee, C`ity Clerk Barbara A. Peterson, Mayor � �.."°� � �; _ �>..-� a William Titler ar t K. T' er STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this�� day of June, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ;;u-��,�.�.�.. �C..-.•�---�--c..-�'_ ,/� L'%�-£. ,,�.-_.._._. `"� -°��`�� RACHEL DODGE Notary �ublic '��,�.:,� ':•, .;,1�=,?�'; vQTARY PUBUC-MINNESOTA ,,�1; . �� ' `�t<;,,,,,:�' P;i}�Commission Expires Jan.31,2010 .__�-�:�_:=�.:��.>' Paae �4 of 5 � � o.�,. � 0 0 � � C ITY of UliOleTTO � � �: � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'EsI3��'�G NO. �J � T � STATE OF MINNESOTA COUNTY OF HENNEPIN ,/^�� The foregoing instrument was acknowledged before me on this L-�day of June, 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal cozporation and said instrument was executed on behalf of the City. ,::✓>- ,r '�v ��'�� RACHEL DODGE L . .� �� `� NOTARY PUBLIC-MINNESOTA „��":��° Notary Public ;;. :,�� M9 Commission Expires Jan.31,2010 `:�:�.-�«,:: STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this (�day of ,2006 by William Titler,husband of Mary K.Titler. � � BARBARA G.SILUS ` NOTARY PUBLIC-MINNESOTA �� ' ;, .a` My Commission Eupires Jan.31,Z008 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of , 2006 by Mary K. Titler,wife of William Titler. �` A�AY s.tEE ; j �� Commission Es�»s Ja+•3t��0t4 ; Not�Public �� PaQe � of� a� �� \ .. � � � �\�'o. 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