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Home My WebLink About#4874-variances-2002 O � O CITY of ORONO G~ RESOLUTION OF THE CITY COUNCIL L`q$gg0�� N0. 4874 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); FILE NO.02-2828 WHEREAS, Tony Lund, (hereinafter"the applicant") is the owner of the property located at "4535"North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 9 and %z adjacent vacated alley, Bergquist's Addition to Saga Hill, Hennepin County, Minnesota. (hereinafter"the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24,Subdivision 5 (B)to permit new residential construction on a.62 acre lot where 1 acre is required and on a lot that is 65' 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#02-2828. 2. The property is located in the LR-1 B Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately.62 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 lot size is consistent with the sizes of many other developed lots in the neighborhood. Properties on either side of the applicant's lot are Page 1 of 6 0 0 CITY of ORONO S ,y ti RESOLUTION OF THE CITY COUNCIL SI30g�G NO. 4874 undersized and a majority of developed properties in the neighborhoods do not meet the required area in the zoning district. B. The City of Orono does not have a requirement that 2 substandard lots owned by the same person have to be combined. C. The site plan indicates 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. The plan meets lot coverage by structures; height and hardcover requirements. D. The lot was platted prior to current zoning requirements. E. The lot has sewer available to it. 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 0 0 CITY of ORONO '3 RESOLUTION OF TTHA I COUNCIL `4kES�i0g' NO. 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 .62 acre lot where 1 acre is required and on a lot that is 65' 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 applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. No further variances will be granted for this property. 3. The sewer unit charge of$6,703 shall be paid prior to issuance of building permit (subject to annual amount increase if not paid in 2002). 4. To establish average lakeshore setback,a building permit for the proposed residence shall be issued only after a demolition permit is issued for 4515 North Shore Drive. 5. 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). 6. 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. 7. 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. Page 3 of 6 O b O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`9kESII0 NO. 4874 Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 14th day of October, 2002. ATTEST: 'Z //,—, —&-4� Lin a S. Vee, City Clerk Barbara A. Peterson,Mayor Property Owner(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. t Jl�A�3�,n ��V'yl,t 0 J►iy1�01�.,..�O� Not Public AUSSA A.NOTARY -WMSOTA COUNTY OF HENNEPIN WINTERNHEIMER STATE OF MINNESOTA �yE�esJan.st.2oos The foregoing instrument was acknowledged before me on this �n�3 nPday 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. Egg!;]RACHEL DOI)GE Notary Public Page 4 of 6 O a CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `4kESH0 NO. 4874 STATE OF MINNESOTA COUNTY OF HENNEPIN On this_14_day of , 203, Anon Lur cf personally appeared before me, who is personally known to me ✓`whose identity I proved on the basis of kA f 7(,_ , whose identity I proved on the oath/affmnation 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 STATE OF MINNESOTA DENISE K LESKINEN COUNTY OF HENNEPIN marmyp jBw—W+ =A Cawftm 14 EE*w Jam 31,2005 On this day of , 2002, 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 DRIVE S 64050-38w 197.41 OTULOWS CURB —7* N. .67 0 0 0 Row IQ,Ms . 4874 0 0- 109.70 2w \\ 0 Yo '( �V4✓ SEM 3-Ir p"m ECK 2Z7 cx Sri. 2 ST FR JI 2 ST FR '4495 C mX 4750 2 ABO CECK� Ao 0 SF C, V� 6727 SF o N KIM 0 4- -75 SETBACK 0 30 60 90 T SCALE IN FEET EEXISTINGk0T El EVA0TIOK 7/11,02 .9 X(998-0) - PROPOSED tPOT EL 92OHyy 9929.4 = DRECTI�� CE DRAMGE LAKE MINNETONKA --- -d-T7 LEGAL DESCRIPTION: -.-LJWt) HCA= f Vo?0GkL LOTS 8 & 9. AND 1/2 ADJ VACATED ALLEY -7*PPOPOSIF-0 SITE FL.44 BERGOUISTS ADDITION TO SAGA HILL HENNEPIN COUNTY, MN. - Aid"21-Iml- -7- R2004 CERTIFICATE 15, 2000 I"A" ,,, „tea 1-2"l OF SURVEY Land In TMT TIG�WA 7M k JZ A Lmm wr mcr $A FranCardarelle 1%MLII fm=t=L"Wuwvcm STONEWOOD Swveyor nc LAWS W IW STATC Of 100CWTA. .6440 FLYING CLOUD DRIVE EDEN PRAIRIE, DEVELOPMENT R CAFZAR=QcQ Nm sma ........................................................................................................ ..........I.......... ........... .. . .... Page 6 of