HomeMy WebLinkAbout#1039-variances/denying 1-1979 i_ ' ' .
� • �,� ' .`, .
RESOLUTION N0. 1039 '
� , ' � ,
A RESOLUTION APPROVING LOT AREA AND
LOT WIDTH VARIANCES BUT DENYING SETBACK
, VARIANCES FOR ROBERT WATSON .
, ,
� WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota ; and
WHEREAS, pursuant to • State Statutes 412 et. seq, and .
462 et. seq. , the City Council ,of the City of Orono has adopted
zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS, Robert Watson has applied for lot area and lot -
width variances to build a structure on Tract B, RLS 358; and
� � WHEREAS, the Planning Commission and City staff have
� reviewed the facts and circumstances involved in this application; •
and
. ; . .
WHEREAS, the City Council of the City of Orono makes the
• following findings of fact:
1. The property is located in the LR-1B Single Family
Lakeshore Residential Use District which has among
others �the following minimum requirements.:
Lot Area - One Acre � " . � ,
Lot Width - 140 Feet
Front Yard - 35 Feet :, .
, Side Yard - ' 10 Feet Each Side •
Lake Yard - 7,5 Feet� � •
i
. Maximum Hardcover Permitted: �
� � 0-75 Feet from Shore 0% -
� 75-250 Feet from Shore 25% � •
. 250-500 Feet from Shore 30%a
. ; ' .
� •
i� �;� `
. , ,, ,
Resolution No. 1039 � �
. Page 2
2. The property is deficient in regaard to the items
as set forth in Paragraph 1 for the following reasons : '
'� A. The lot area is 26,800 sq. ft, which is 62%
of the area required - variance requested 38%.
B. The lot is 101. 6 ft. wide which is 72.5% of
the width required - variance requested 27. 5%. .
3. The property is equal to or larger in size in
. ' relationship to 70% of the lots in �the area. ' -
4. The property has been in conanon ownership "for
fifteen years". With the adjacent developed Tract E
the combined �area of. the two tracts equals 1. 29 acres.
5. The property has been assessed for and has been•
provided with sewer and water service connections.
• 6. Riparian access for the property is provided
through ownership of Tracts K� & L of RLS 415. No
. dock is required or desired directly on Tract B. .
7. Highway access for �the property is provided by a
privately maintained road (Tract C in this property)
providing access to 5 other�parcels with a single
_. existing curb cut. There is no new curb cut required
on Shadywood Road, _
8. No variances have been requested for setbacks or
hardcover. �
9. The City record contains a petition from ten nearby
. neighbors approving of new construction on the property.
10. There has been no opposition to the proposal by any
citizen. '
11. �onstruction of a single family residence on Tract B �
will not materially affect the public health, safety,
or welfare. '
� '
r� ' •
J �
. � �
' •
Resolution No, 1039 .
Page 3
� . ,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby approves of said lot area and lot width
variances for construction of a new residence on Tract B, RLS 358,
subject to the following conditions: '
1. Tracts B, C and D of RLS 358 and Tracts K & L of
R.LS 415 shall be held in common ownership for `residential
purposes according to the representations of the applicant.
2, No other variances shall be considered or permitted.
All future construction on the property shall be in fu11
conformity with front, side and lake setback requirements,
with building height requirements and with maximum hardcover
requirements of the LR-1B zoning use district, including
that the lake yard setback shall be no less than the lake
yard setback of the existing neighboring houses or 75 feet
whichever is greater.
3. No dock shall be erected on the shore of Tract B,
• RLS 358 and no watercraft shall be stored on the shore
or moored in the water in front of Tract B, except that
canoes or other small craft may be temporarily beached
entirely on the property. �
� 4. All dock construction, watercraft storage and other
activities normall,y associated with riparian access rights
shall be exercised on Tracts K & L of RLS 415 which shall
be considered part of the principal residential lot for
purposes of interpreting permit requirements and zoning
- code regulations. � All watercraft stored on this Tract
sha11 be the property of the owner of Tract B, RLS 358.
. 5. The applicant shall pay a11 fees normally required
for the issuance of building permits on similarly situated
properties, including a. Park Dedication Fee of $390. 00
� and a sewer connection charge of $225.00, which sha11 be
payable at the time a building permit is issued.
• . .
� • , �.. 'a.. . . .
�'►
. f ,• .
Resolution No. 1039 • � '
� Page 4 � '
� '
' The applicant, Robert Watson, shall agree to these
conditions, which agreement shall be indicated by his signature
hereon. This variance shall expire one year after adoption as
provided by Section 32. 371 of the 7oning Code.
� AGRE ,
bert Watson, Applicant/Owner
Adopted by the City Council of the City of Orono at their regular
meeting on the 12 day of June , 1979.
�
� ' %%'/�
����x�xx��x�����x����
Walter B. Massengale, Acting 22ayor
ATTEST: � �
Walter R, B nson, Clerk inistrator .
. �
� •