HomeMy WebLinkAbout#5107-variance/CUP-2004 4;,,
O
CITYof ORONO
A ‘c1'‘'' , . D'
.4 ,01� G RESOLUTION OF THE CITY COUNCIL
` ICES-0 ' NO.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-420 (B) AND A
CONDITIONAL USE PERiMIT ACCORDING
TO SECTION 78-1431 INCLUDING
A VARIANCE TO SECTION 78-1.
FILE NO. 04-2979
WHEREAS, Dr. Donald A. Ristad, a single person, and Kent E. Cassidy,
a single person, (hereinafter "the applicants") are the owners of the property located at
1005 Old Long Lake Road within the City of Orono (hereinafter the "City") and legally
described as follows:
The east 250.00 feet of that part of Government Lot 4, Section 35, Township 118
North, Range 23 West, Hennepin County, Minnesota, which lies south of Long
Lake Road and north of U.S. Highway No. 12.
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance and conditional use permit to Orono Municipal Zoning Code Sections 78-
420 (B), 78-1431 and 78-1 to allow a lot area variance so that a new residence to replace
an existing residence can be constructed on a lot 1.523 acres in size when 2.0 acres is
normally required, a conditional use permit so that an existing pool can remain on a
through lot, and a variance so the pool can encroach into the 50' setback for Highway 12.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #04-2979.
2. The property is located in the RR — 1B zoning district, which requires a
minimum lot area of 2.0 acres. The applicant's property is 1.523 acres.
Page 1 of 5
°�
0 0
1j %yY4. CITY of ORONO
H
15,4
"�,� i k 0" RESOLUTION OF THE CITY COUNCIL
410ESI1.04. NO. S 107
3. The Planning Commission reviewed this application at a public hearing
held on January 20, 2004 and recommended approval of the variances and
conditional use permit based on the following findings:
a. The proposed house meets all Zoning Ordinance requirements. The
property is sewered.
b. The lot is a legal lot of record, and a residence has existed on the
property for many years.
c. The pool has existed in its current location since 1978.
d. The City has never received any complaints regarding the pool.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
variance and conditional use permit 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 variance and conditional use permit would 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby
grants a variance and conditional use permit to Orono Municipal Zoning Code Sections
78-420 (B), 78-1431 and 78-1 to allow a lot area variance so that a new residence can be
constructed on a lot 1.523 acres in size when 2.0 acres is normally required, a conditional
use permit so that an existing pool can remain on a through lot, and a variance so the pool
can encroach into the 50' setback for Highway 12, subject to the following conditions:
Page 2 of 5
elp;:-
o
--$*': r
CITY of ORONO
I' ;tAg,,Alt "71
RESOLUTION OF THE CITY COUNCIL
`9kEg-ROg NO. 5 1 0
I. Council approval is based on the site plan submitted by the applicants and
annotated 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 further Planning Commission and City Council review.
2. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (January 26, 2005).
3. 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.
4. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agrees to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the 26th day of January, 2004.
ATTEST:
77
/�
inda S. Vee,City Clerk Barbara A. Peterson, Mayor
�r
k .._..t- E. 6_ s.--..' .9---i 9kki,36,1 0. & ,v-4--cit,t
Property Owner(s)
Page 3 of 5
- , :c .:ct,;(:).-4 )
)14
CITY of ORONO
a i '`'
ti
�,� \i+�Alt `'�, '� RESOLUTION OF THE CITY COUNCIL •
`9kESTO'.- NO. g 1. '
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 1 ' day of
-2%kvil_fvl, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
;.. lam-Cr-.L. w_w---A_
' '' RACHEL C"NIS Notary Public 3
NOTARY RELIC- -TA
My Ccmmiz.sicn Exoi;t.°,! " "
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this -,1-Pc-day of
P. un-.:L=f 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipalcorporation and said instrument was executed on behalf of the City.
RACHEL DODGE Notaryii , Ck.( ki C 1_ic)r,UIZ
Public
'OT^RY PUBLIC•MINNE:OTA ta,
Commission Expires Jan.31,2005
Page 4 of 5
- . Olv 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
‘ iNliir .4)e)
iti T. q 7
41Ces-1104?" NO.
State of Minnesota )
) ss.
County of Hennepin )
. 1 ‘(
This instrument was acknowledged before me this I day of j"b vlAc`.:1:21004
by Dr. Donald A. Ristadl ct
..
---,-,-.:.1.2efazayseezezee'28888'a's..,
) , ,....
RACHEL DODGE
L__k__ _ ck, ,
' NOTARY PUBLIC-MINNE'..OTA Uo
Nly Comrnission Expires Jan ?,,20:,1 Notary Public State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this 3r4day of rebr ii.. 2004
by Kent E. Cassidy/ o. s21,,,..)\e
K.,----------„----------------....--------_----_—_,-----1
•!,• , BARBARA G. SILUS
g . '-•"'`,..-...:, NOTARY PUBLIC-MINN.120TA Notary Public
.-i•:::,v-,-,-
,,,„• My Commission Expires Jen.31,2008
Page 5 of 5