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Home My WebLink About#4710-variances-2001 4 R l- O O . - CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kEs_K0 NO. 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE NO. 01-2721 WHEREAS,Walter Holzer, (hereinafter"the applicant")is the owner of the property located at 1130 North Shore Drive West within the City of Orono(hereinafter"the City")and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a lot that is 100 feet wide where 140 feet is required and Section 10.03, Subdivision 9 to permit two accessory structures on a lot without a principal structure; and 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 October 15, 2001, 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 #01-2721. 2. The property is located in the LR-1B Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 36,458 s.f. or .848 acres. 3. The Orono Planning Commission reviewed this application on October 15,2001 and recommended approval of the proposed variances based upon the following findings: Page 1 of 7 � O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL 9kESH04NO. 4710 A. The property has been developed with a residential use since at least 1920. B. The site plan indicates the proposed residence meets all requirements for setbacks, hardcover and structural lot coverage. C. The lot can be developed without the need for further variances. D. The detached accessory buildings are in good structural condition. E. Variance approval was granted for the detached garage in 1997 and a permit was issued for the shed in 1999. 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 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. 6. 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. CONCLUSIONS,ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential construction on a lot that is 100 feet wide and 140 feet is required and Section 10.03, Subdivision 9 to allow two accessory structures on a lot without a principal structure.Approval is subject to the following conditions: Page 2 of 7 4 r / O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kEs�I04 NO. 4 7 1 0 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by these 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 year of the date of Council approval,or these variances will expire on that date (October 22,2002). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his 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 22nd day of October, 2001. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor Property Owner(s) '� Page 3 of 7 �7 O� O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kES�I0 NO. 4 7 1 o STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 3;hd day of October, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. a RACHEL DODGE NOTARY PU=-MWEE TA My C mass on EVb=Jan.31,2005 Wo MR Reeeeeeeess Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ,-;2 ,`�-,A day of October, 2001 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. 1, RACHEL DODGE ��—F--- "x' NOTARY PUBIC-MINNESOTA My CaembAm EW=Jan.31,2Q05 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of j ff Noq 4 _,2004 ,_GJ,qt-reK Rot-Z:67-0- personally ot-zEj2personally appeared before me, who is personally known to me t/ whose identity I proved on the basis of_ MAI !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. ' --:-iiSE M.LESKINEN NOTARYKMW-MKNESOTA Notary Public W Cwn ton Expkas Jan.31,2005 w OR ;u,QNEN Page 4 of 7 'NNESOTA Jan.31,2005 i 0 O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kESI30g� NO. d STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_9 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 7 ti PROPERTY DESCRIPTION That part of the W 112 of the NW 114 of Section 7, Township 117, Range 23 West of the Fifth Principal o Meridian described as follows: Commencing at the Northwest corner of said Section; thence Easterly .o along the Northerly line thereof a distance of 402.5- feet; thence Southerly a distance of 2,124.4 feet .g along the North and South line that will intersect the East and West Quarter Section line of said b (d Section Section 7, 396.5 feet East of the West Quarter post of said Section 7 which shall be the point of w beginning; thence continuing Southerly along said line a distance of 100 feet; thence Westerly and parallel with the Northerly line of said Section to the Westerly line of said Section; thence North— erly along said Westerly line to the intersection with a line drawn from the point of beginning parallel with the North line of said Section; thence East along parallel line to the point of beginning, according to the U.S. Government Survey thereof, Hennepin County, Minnesota. �1 ' } Cfr1TERLlrp MUM SHURE DRIVE 'r ru UP Iro 1 � S o� rcmt' Rn J V f S 00'00'08' E -r----------------- �!� -100.00-- I 1 1 y 110 Y• of 1 ,i el:,� I , I , I � I 1 r1P• I\ \ 9St0♦ �_�Qt•01 C PCO o _ u' t !Q 1694 b W.' 0 1 1 7gp I . 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