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Home My WebLink About#4712-variances-2001 /!O � � O O �-.: - � CITY of ORONO ti �� G�/ RESOLUTION OF THE CITY COUNCIL �kESH� NO. `=' `;� � .�� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.2�, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE 1�'O. 01-272� WHEREAS, Robert T. Howells and Elizabeth A. Howells, (hereinafter "the applicants") are the owners of the property located at 1423 Park Drive within the City of Orono (hereinafrer "the City") and legally described as follows: Lots 4 and 5,Block 15, Saga Hill Revised in adjacent vacated Lafayette Avenue and in vacated Forest Boulevard, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zonin� Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 7�' setback�vhere 140 feet is required and Section 10.03, Subdivision 9 to permit an accessory structure on a lot�vithout a principal structure; and WHEREAS, after due published notice and mailed notice in accordance with �linnesota Statutes and the City of Orono Zonina 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 w�ere given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlinnesota: FINDINGS l. This application was reviewed as Zoning File #O1-2725. 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 37,479 s.f. or .86 acres. Page 1 of 6 �� /� O� O O . CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY�COUNCIL �91fESHp4�' NO. � � � ;� �_ 3. The Orono Planning Commission reviewed this application on October 15,2001 and recommended approval of the proposed variances based upon the following findings: A. The property has been developed with a residential use since at least 1956. B. The site plan indicates the proposed setbacks 10' to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be located approximately 175'from the lakeshore,which meets the intent of the Comprehensive Plan for new structures. C. The lot can be developed-without the need for further variances. D. The detached accessory building is in good structural condition and is just 0.4' short of ineeting the required 10' side setback. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly 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 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 variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 7�'setback where Page 2 of 6 �i=� /� O� O O . C ITY of ORONO , � �� G�/ RESOLUTION OF THE CITY COUNCIL ��sKog'� No. 4 �' 1 � 140 feet is required and Section 10.03,Subdivision 9 to allow an accessory structure on a lot without a principal structure. 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. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one yeaz 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 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 22nd day of October, 2001. ATTEST: ��.�-�-,� �/� . Lirida S. Vee, City Clerk Barbara Peterson, Mayor � --� ; , ...E�� I � Property Owner(s) Page 3 of 6 %�� -� �� 0 � . CITY of ORONO � ti �t� G'�' RESOLUTION OF THE CITY COUNCIL ��S_K_� ruo. 4 �' 1 � STATE OF MINNESOTA COINTY OF HENNEPIN �L��; The foregoing instrument was acknowledged before me on this�?2nd day of October, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. ��'� RACHEL DODGE �l`�-L=G`J'--(� �; '-:�y� NOTARY PUBLIC-MINNE^OTA �•�r^%!J � `�:;.'- ti'b'�^�a,�•3�,2oos Notary Public .,.� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ,--�%��' day of October, �'001 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. rA� �;"`� RACHEL DODGE j ��`�"i NOTARY PUBLIC-MINNE^OTA `—�``r.�.,�_� _,r l:1<�(�J r..'.`;:-: ��;,. My Commisslon Expires Jan.31,2oos Notary Public ��' -r•+�-.^.:;�: STATE OF MINNESOTA COUi�ITY OF HENNEPIN h On this �� day of /(i JU2P��^�'� 20 6i, �L?��'-� � �� Cv-P_//S /YY'�c,�'r��'� personally appeared before me, who is personally known to me _� whose identity I proved on the basis of �� L whose identity I proved on the oath/affirmation of , a credible witness and w�ho executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. • RACHEL DODGE ( � - ' WGTARY PI�LIC-MINNE^OTA ��C ��,�� 'L � �iC G�P '`"``�' My C.ortnn�aion ExpYe�Jan.31,Z005 Notary Public - Page 4 of 6 ii=�� . 0 0 �. C ITY of ORONO a � �� p�' RESOLUTION OF THE CITY COUNGL ��`9$EgH04'� NO. � '� �, �� STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��day of I�i�; �'�YY1�C� , 20 G'(, � I i z� k'�'�t�� `�`,�t�'�.l�� j}'�k�71�r'� personally appeared before me, who is personally known to me _,� whose identity I proved on the basis of �"��ti ��- 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. , �� /� 6'��—�- ��-k' �c:.:C��-SZ.� , R.4r�ic} �(}r:�� `"''-` Notary Public � < tvOTn;�i=i.:;L'r::-�.;;;:�;�.'�?r1 �.�j,� �,�y�ommission Expires Jan.31,2005 . � - Page 5 of 6 ' `. � ; Exhibit A FOREST CERTIFICATE OF SURVEY FOR �aKE ROg HOWELLS . ��a.. OF LOTS 4 & 5, BLOCK 15, SAGA HILL REVISED 4 7 1 ;� ..-. .:�:�:� . ,n,�ca,rou�u,E - �i t�•l �� IN ADJACENT VACATE� LAFAYETTE AVENUE ,�:;;\��y��+'%' `� ' � AND IN VACATED FOREST BOULEVARD • r : '=�� S� ��'"�+�°r� •'�� HENNEPIN COUNTY, MINNESOTA *;�.�" �`�':y�:�,�:;�!E�r�: �� •y ,•" �•,�,�'��q• .•,i• 'I tl�� . ':` • J /• '� � � ' / .t: ;��I i.•,,.;�:�i �� ':��,•� pJ . .��\• '�i •''i� .• ��, ,�� ! �r\.: .y •� � '�,. �� '� �I . ,t, • '� ,•' �, /J' , � .. � ,�! w�M��2,, � 1�N � ,/�� ,�j', �/��-� •.�y% .�. •,// :,�/'•�' ":••'3C•""'- ' � , ••� " ��.._.._ I•_��y� /'O[Ct . , ;;';/ �'^__,�'a_`4-- �� • a H�E � � . y" • :�, ,' � t �i �s�� ;% --5.�Z... '�, t; " M� �'��' �i0� t ,:'��, +''>•' r-• I es � c ,� se. �.' •�u ',r•� 1 �� +`��`• �, , ' r . �' -�Z :��.• ��p�'�� %,.'p:� .\ ��;:. - po a�i�.�Yo.co� �„u t ` '' � i , ,�� . �''� � , ., �,�� .� • •� ota '�n.�n �'��r,•"�t /y ;� �,�` �' � ��6 _� ♦ � '�'y;� .��'" i , . , � �ausc ' �` � 's,; a�� y��,.v°'•. '•, /,��+ ^�. � �o �.'� �J�. ,,,, � • � (V ``��, 6 . . ns"no'� ,�~»``d �� ,c;� (�\ �� Z�'� � � �� kk O� . ,.-' , s. j � .�;;•�' '�6 �a •��'•� 'i./f� • '� �r �`:'� �� d��c.�'Sti '•�� .� ` P�,�, Q R=20.00 /� es2�•sr 2�� L=7.45 � LEGAI OESCRIPTION OF PRE?AISES : � , lole 4 ond S, 81xk 15, 'Sago Hill, Revised. Hennepin Counly. Minnesola'. TOGETHER rilh lhal porl of Lolayelle Av�nue, vaeoled, descriAed as fol�oMs: Beginniny ol the Southeaaterly eorner ol lol 1. Block 15. 'Soqo Hill, Reviaed. Hsnnepin County, uinnesola': thance So�ll�weslerly alonq lhe Southerly tinas of Lol� 1, 2. S. 4, S. 6 ond 7 to lhe So�thwealarly coroer o( said Lot 7, Block 15• lhenee Soulherly a dialance o/ 12 feet olo�g lhe Westerlr line of said Lot 7 estendeC; lhcnee Southeasterly lo tl�e Eosle�ly lina of aaid lol 6 ealanded to o poi�l diatant 45.5 feel Southerty of the Soulheaalerly eornar o( said lol 6: thenca Eoaterlr lo lha Eaaterly lina ot said Lo! 5 estsnded lo o poinl dislont - 45 teet Soulherly ol !�e SoulheoslerlY corner of said Lot S; thenee Norlheaslerty lo lhe Doint of beginninq, whicA lies petMeen ths s:tensiona aerosf il of the No�theastertr lina of soid Lot 4 ond lhe Soulh.esterly Ifns of soid lot 5. Also lha! parl el vacated Feraat 8oulevord aa dadieol�d i� the plat of "Sage Hilt Revised. Hannapin Countr, Yinnesoto" whic� iies between tha NorlA.esterlZ e+lenaiene across it o( ths Northeofter�r lina ol Lot 4, 81ock 15, 'Sa9a Hill Revisad. Hannepin Counly. Minnssolo and lhe Southwasterlr lina o! aoid Lol S. o . denoles iron rterker � . i�.,,•.. �.i.,r.,,.. f0�.61: de_oles ewisting apol tlavalion. mean aca level dotvn �1 G...c♦ : f[t.t n •.. i..�...i • • �l r:�i...s .._...9��-._...: danotes erisliny tonlour l•i�e. mco� seo tevel dotvn i)B,f�^�-. )t�.� r....�. .. = f t..e + 8earinga sho+n ara based upon on aasured dalvn ' This survey intanda lo thow the Ooundariea ol tAe above descr'rbed p�operly, lhe �ocotion of an ezialing house a�d goroye. anA lhe proposed localion of o proposed houae tAereon. Il does �ol purporl to show any other irtprovercnla or sneroachmenls acwco„i�„ aa aYa+m� �NJttr a�vr twl Iwc RNa Sr[p[atnl 0�KI0�1 xri -.� ---�w---- � GR088ERG&ASSOC(ATES,INC. "`"""`°""`°'"°`""`"""'"`""°°'"° ,--'°' � �«..,..�...��,��«�.�� a,� � taaitaC UottR two 9iK�aR 9R RrttA s�na+auaa�c un v�c wK s wiwu e-17-ot� ��S R 1M1lOs OR lWG L�E.�l SS7Si �y� � 937-�7l-�I�I ItSG wtt ~�I•I� M IKfMY 1{M�� •�s�� Ot-023 01-]7! 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