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HomeMy WebLinkAbout#2907-variances-1990 . � •� E . Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2907 • - • • A RESOLUTION GRANTING VARIANCES TO � 1KONICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C)1 � 2 FILE #1603 WH$REAS. Irwin Jacobs (hereinafter "the applicant") is the owner of the property located at 1700 Shoreline Drive and 1075 Millston Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WH$RBAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C)1 to permit the construction of a greenhouse totalling 2,604 s.f. in area, considered an oversized accessory structure because it exceeds 1 , 000 s.f. in area, on a property that already contains 5 other oversized accessory structures; and a variance to Section 10.03, Subdivision 9(C)2 as the total of al l accessory structure footprint areas at 10,795 s.f. exceeds the allowed total area of 6,000 s.f. NOW, THERSFORB, BE IT R$SOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File �1603. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property located at 1700 Shoreline Drive consists of 30 acres, 24 of which are dry buildable. The property located at 1075 Millston Road consists of 2.7 acres. The total sum of the areas of both properties is approximately 33 acres. 3. The Orono Planning Commission reviewed this applicativn on November 19, 1990, and recommended approval of the variances as proposed based upon the following findings: A) The total area of both properties equals 33+ acres in area. Page 1 of 4 r - � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2907 • - • • B) The current accessory structure ordinance does not provide standards for an estate use. The ordinance does re'quire the filing of covenants which will provide the City the necessary controls with a future subdivision of property. C) The greenhouse structure cannot be seen from the adjacent County Road nor from the residential properties within the Millston plat because of mature evergreen plantings along the boundaries of the subject property and within the adjacent residential lots. D) The greenhouse will supply plantings for flower beds totaling 6,386 s.f. of area on the estate. 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 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 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 variance on the health, safety and welfare of the community. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) 1 and 2 to permit the construction of a greenhouse totalling Z,604 s.f. in area, subject to the following conditions: 1. The owner shall apply for the legal combination of the 2 independent properties located at 1075 Millston Road and 1700 Shoreline Drive. Page 2 of 4 � - y s � , Clty Of OR,�N� RESOLUTION OF THE CITY COUNCIL • NO. 2907 • - • • 2. The owner shall execute covenants for non-residential oversized accessory structures consisting of the following: Detaclied garage 1,414 s.f. Detached garage 1,008 s.f. Greenhouse 2,604 s.f. The covenants shall include a special condition for the greenhouse that would require the removal at the time of a future subdivision. 3. Authorities granted by this resolution 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 this variance wil 1 expire on that date (December 10, 1991). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the lOth day of December, 1990. ATTE . i � ' J Do othy 1 i ity C1 Jam R. Grabe , Mayor , Proper Owner�) Page 3 of 4 � ., , • 1 1 �: ` clt� o� orr�oNo RESOLUTION OF THE CITY COUNCIL • NO. 2907 , • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of December 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i`-�_;°. THEREBA L. NAAB , l /� ' _�.�:j; NOTARY PUBUC- MINNESOTA /� //f� /(�--- ~.��� HENNEPIN COUNN /��« / ' �►a01""'�0"�'�°'� NOTAKY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this J'�='`' day of '��"� �� /�c� , 199 C before me a Notary Public within and for said county, personally appeared �- �-w r� L. J���rr,s known to me to be the person(s) described in and who execute t e foregoing instrument, and acknowledged that he (they) executed , 'r) free act and deed. $�'� ROSE�IARY SlIANL� ,�����OT��9L��A K= :dy t;omnwpjon F�tpjnt Jul!►�1� `� �a�c�uY'�./c��.�i�". :vb * NOTARY PUBL C STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person s described in an w o executed the foregoinq instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 � . � , , � ` Clt� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2907 • - • • EXHIBIT A That part of Government Lots 1 and 2 in Section 10, in Township 117 of Range 23 which is described as follows, to wit: Beginning at a point 6 chains west of the meander post in the southeast corner of said Lot 2 in said Section 10; the thence running north 20 chains more or less, to the shore of Round Lake, so-called; thence along and around the westerly and northerly shore of said Lake to the meander corner in the north shore of said Lake and between Section 10 and 11 in said Township and Range; thence north on the section line between said Section 10 and 11 to the southerly line of the right-of-way of the Minnetonka Branch of the Great Northern Railway thence south- westerly along said southerly line of said right-of-way to the point of the intersection of said southerly line of the said right-of-way with the west line of said Lot 1; thence turning and running in a straight line in a southeasterly direction 654.8 feet, more or less to a point which is 236.8 feet east of the west line of said Lot 2 and at the same time 304 feet south of the north line of said Lot 2; thence, south on a line parallel with and distant 236.8 feet east from the west line of said Lot 2 , 1 , 016 feet more or less, to the north shore of Lake Minnetonka; thence easterly along the said shore of said Lake Minnetonka to the place of beginning, according to the government survey thereof; and Lot 2, Block 1, Millston, all in Hennepin County, Minnesota.