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Home My WebLink About#4869-variances-2002 � O _ V O � O .. CITY of ORONO . G RESOLUTION OF THE CITY COUNCIL S 0 NO. 4869 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16(C)(6) FILE NO.02-2825 WHEREAS, Wayne Soojian and Karen Soojian., (hereinafter"the applicants") are the owners of the property located at 4496 North Shore Drive within the City of Orono-(hereinafter "the City") and legally described as follows: Lots 1'and 2, Bergquist's 2"d Addition to Saga Hill, Hennepin County, Minnesota. (hereinafter"the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a.54 acre lot where 1 acre is required and an encroachment of 45' into the average lakeshore setback. WHEREAS, 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 September 16, 2002, 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: FINDINGS 1. This application was reviewed as Zoning File#02-2825. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately .54 acres. 3. The Orono Planning Commission reviewed this application on September 16,2002 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1951. Page 1 of 6 O � CITY of ORONO '3 ti RESOLUTION OF THE CITY COUNCI L kESO NO. 486 .9 B. The site plan indicated the proposed setback 10'to the side property lines,30' to the rear property line which meet the minimum requirements of the LR-1B zoning district. C. The lot was platted prior to current zoning requirements. D. There is no additional land to combine with the property. E. The new residence will be in the same general location as the existing residence. F. The non-conforming location of the residence to the east leaves a small, approximately 15'wide building area meeting the average lakeshore setback. G. Drainage concerns expressed by the neighboring property owner can be addressed through suitable drainage and grading plan. 4. 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 variance will 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 hardship 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 variances 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 variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a.54 acre lot where 1 acre is required and an encroachment of 45' into the average Page 2 of 6 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SYi0g�G NO. 4869 lakeshore setback. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Applicant shall provide a grading and drainage plan acceptable to the city addressing the neighbor's concerns prior to issuance of the building permit. 3. 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 within one year of the date of Council approval,or these variances will expire on that date(September 23,2003). 4. 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. 5. The undersigned 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 Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 23rd day of September,2002. ATTEST: Linda S. Vee, City Clerk Barbar A.Pete on, 1pygr. b Property Owner(s) Page 3 of 6 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `q$ESII0 NO. 4869 STATE OF MINNESOTA COUNTY OF HENNEPIN 20-1, The foregoing instrument was acknowledged before me on this-23rd day of September,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. Notary Public �...�-i�.,:M.LESMNcf. STATE OF MINNESOTA NOTARY PUBLIC-MINNESOTA My currant Wcn ExPkos Jan.31,2005 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 17 day of September, 2002 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. : 7 GLC. Notary Public STATE OF MINNESOTA 0-211SE M.LESKi.".-. COUNTY OF HENNEPIN NOTARYPLIBLIC-MINr:_SOTA LV C Mtj*n Expires Jan.31,2005 n Dome On this 95-T day of_(jt)t� c r , 2002, a�I,-,c, S 0 ' � �� 'C', personallysappeared before me, J who is personally known to me y whose identity I proved on the basis of whose identity I proved on the oath/affirmation ofa 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. RACHEL DODGE c NOTARY PUBLIC-MINNVOTA Notary Public ;.+ My Commission Expbw Jan.31,2005 ti .. Page 4 of 6 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL StI30 No. 4869 STATE OF MINNESOTA COUNTY OF HENNEPIN On this;Z!5 day of Qov";- ,2002, personally appeared before me, who is personally known to me ,,,,whose identity I proved on the basis of �-A Q "7 L, 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 DENISE M.LESKINEN WTAW PUBLIC-MINNESOTA W Ca wMm Expires Jan.31,2= Page 5 of 6 Exhibit A 8 \ ei Fri 4 N CA m (D CL \NIN $. Q r �'� ' a » of `moi • Op `, X � .. rl del n / � • ' .!.. � p �� .F`°o,�• �'-� / / ,cam \ 'D a a z 3 c C� �,��'• f �� "?cj��Yp * m* /x � BOJ' � m S R �, • CA ca 2 Is v $ - • o ` pCSL: N N N g. H $ �iw2 to C13 rn-�N'�x O ?a �D H CL Ve CD silo is z C4 11 a 31 -1 C6 CL LA m tn 06 m cm 00. �j 3 t~ o _s $N s ail e C � �g �f g e z * a 1� + ° + Ti$