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Home My WebLink About#4873-variances-2002 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL `q$ESg0g NO. 4 8 7 Ii A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO.02-2827 WHEREAS, Sven Gustafson, (hereinafter "the applicant") is the owner of the property located at 4515 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 8,Bergquist's 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 on a lot that is 55' wide where 140' is required in the LR-1B district. 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 #02-2827. 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 the early 1950's. B. The site plan indicates the proposed setback 10'to the side property lines,30' Page 1 of 6 i O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESI304NO. 4878 to the rear property line which meet the minimum requirements of the LR-1 B zoning district. The proposed development conforms to setback requirements as well as lot coverage and hardcover requirements. C. The lot was platted prior to current zoning requirements. D. There is no additional land to combine with the property. E. The properties on either side of subject property are undersized and a majority of developed lots in the neighborhood do not meet the required area or width in the zoning district. The lot size is consistent with other developed lots in the neighborhood. F. Drainage concerns expressed by the neighboring property owner can be addressed through suitable drainage and grading plan. G. Because the adjacent lot to the west is vacant but will be built on in the future, average lakeshore setback line for this property shall be defined by the homes at 4495 and 4545 North Shore Drive. Proper sequencing of permits is necessary to preserve this average lakeshore setback. 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 applicant,but is necessary to alleviate a demonstrable hardship 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. 5. 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 variances on the health, safety and welfare of the community. Page 2 of 6 r A�1 0 O � O 3 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SHID NO. _ 4873 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 on a lot that is 55' wide where 140' is required in the LR-1B district. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants'attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. To establish average lakeshore setback, a demolition permit for the existing residence at 4515 North Shore Drive shall be issued prior to issuance of a building permit for subject property and building permit for 4525 North Shore Drive. 3. 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 within one year of the date of Council approval,or these variances will expire on that date(October 14, 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 applicant has read, understands 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 or Orono,Minnesota at a regular meeting held on the 14th day of October,2002. Page 3 of 6 O O 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`gkESg0�� N0. 4 8 7 8- ATTEST:ATTEST: Li S City Clerk Barbara A.Peterson,Mayor V2e (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 14th 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. rA � Notary Public ALISSA A.WINTERNHEIMER STATE OF MINNESOTA NOMARYPUBLIC-MWNE80TA COUNTY OF HENNEPIN F' "Evka Jan.31.2D6 The foregoing instrument was acknowledged before me on this Z��day of October, 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. Coe- RACHEL DODGE Notary Public NOTARYFgXUC.M1NNV0TA Mycwm*WmExP WJan.31.2'J�4 Page 4 of 6 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SK04' NO. 48 7 a STATE OF MINNESOTA COUNTY OF HENNEPIN 2003 On this_b ' day of TOIL, ,-2e92-, SUe() �s"C��so�-s�Lpersonally appeared before me, who is personally known to me u,-whose identity I proved on the basis of (— whose identity I proved on the oath/affmnation of .a credible witness and who executed the foregoing instrument,and acknowledged that a/she/they executed the same as his/her/their free act and deed. LDENISEM.LESKINEN LIC-MINNESOTA Notary Public WExphs Jan 31,2005 a STAT COUNTY OF HENNEPIN On this day of 112002, 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 5 of 6 Exhibit A .........:...:...........................................................:... ......................................................................................................... ........ . NORTH SHORE.: DRI VE , • S 84°50'38" W197.41 eirw.mvuoS CURB • -ems-- --. � \ .67 t o 0 0 ' to,Rdes o- ; 109J G 11 Q�G FRorrt "—�r35 jo pm 22.7 V \ 2 ST FR 780 ' X4495 \ Fig 17, 2 30 SF(AB0 75'OHW SS) 19t ASO 25 9e = 5382 SF HC , R 475 I ' --+- - - DECK I ,60 SF C r \ \ \ \ ! 26727 SF i '.. I to 'r I I ^rte. • \\cam \\0 0\ \ •/j/ � \�. o r� ' \N \ \ / '0 SETBACK 0 30 60 90 \ r SCALE IN I;EET EXISTING SPOT ELEVATION ....7/1 X(998.0) o PROPOSED $POT ELE\F�.FiO� ELEV OHyy 9a 929.4' ! a DIRECTIO� ACE DRAINAGE .LAKE MINNETONKA.P.�o..-. 31-coo 10 LEGAL DESCRIPTION: GUST�oN HOME AND 1/2 ADJ VACATED ALLEY .._T �P�G $1"M LOTS8 & 9. BERGQUISTS ADDITION TO SAGA'HILL HENNEPIN COUNTY. MN. R2� areNOV. CERTIFICATE 15. 20001"0' KQ=VM CALLS 1-24-01 OF' SURVEY %11\ Lcnd ewer"nut na SUMT Wr;rr- Frank R Cardarelle Surveyor MCI °`'"'° STONEWOOD r'r E LAWS W iW STAN sI fO Ar DEVELOPMENT 6440 FLYING cLduo DRIVE EDEN PRAIRIE. R GWOARFI.LL RM N0.UOQ ........................... .......................................................... ....... 'Page 6 'of:-6 ' Ct'