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Home My WebLink About#2979-variance-1991 . � . 1 � O ' Y /'O , O � ��`�-� CIT�of ORONO � � ��. � ,� ,, �.� J�,�--� - �, '�' RESOLUTION OF THE CITY COUNCIL ��.k p4�'G NO. 2 9 7 9 ESH A R$SOLDTION GRANTING A� RENEWAL VARIANCS TO MIINICIPAL ZONING CODS SECTION 10.23, SiTBDIVISION 6 (B) FII.$ #1648 WSBRSAS, Ronald and Julie Prineas (hereinafter ",the applicants") are the owners of the property located at 1920 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Per Exhibit A, attached (hereinafter "the property"); and WHSREAS, the .applicants have applied to the City for a renewal of a variance granted in 1989 per Resolution #2650 and previously renewed in 1990 per Resolution #2829 to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a single family residence on a lot of defined width 30' where a defined lot width of 200' is normally required. NOW, TH$RSFOR$, BE IT R$SOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1648. 2, The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission original ly reviewed this application #1410 on May 15, 1989, and recommended approval of the proposed variance based upon the following findings: A) The lot area exceeds the minimum 2.0 dry buildable acre requirement. B) A feasible building envelope exists in addition to � primary and alternate drainfield sites which have been tested and approved for use. - - C) The hardship to the property lies in its extreme narrowness at the point where the defined lot width is measured. Furthermore, there is no adjacent land available for purchase that would increase the defined . lot width to the 200' minimum standard. Page 1 of 5 . � .. � ��j � - v 0 � � ��-� CITY of ORONO ►a �� :\, .:;, ,�,� �, � �; n,� ti � ��`- '�' RESOLUTION OF THE CITY COUNCI L ��`9J� p4��G NO. 2 9 7 9 ESI3 . The Hennepin County Department of Public Works has verified that the County will approve a private driveway access onto County Road 15. 5. Although the property contains a feasible building site, that site is limited by narrowness of the Iot and by the designated drainf ield sites, hence caref ul site p lanning wil 1 be required in developing the property. Therefore, it is appropriate that a diagram of the building envelope and drainfield sites be filed with this resolution to make future potential buyers of the property aware of the site limitations. 6. The City Council originally granted this variance in 1989 per Resolution #2650 and finds no changes f rom the original findings and conditions of that resolution. A request for renewal was granted per Resolution �2829 in 1990. 7. 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 variance on the hea 1 th, saf ety and we lf are of the community. 8. 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 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. CONCLIISIONS, ORDffit AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a renewal variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a single family residence on this lot of defined width 30' where a 200' defined lot width is normal ly required for construction of a single family residence, subject_..to the following conditions: Page 2 of 5 1 0� � O O �=�`��:�-=� C ITY of ORONO � ��.�� [� � 1 y� �'�`� C1� �. '�' RESOLUTION OF THE CITY COUNCIL G ��kESI3�� NO. 2 9 7 9 . ny proposed residence must meet the required minimum setbacks established for the LR-lA zoning district, and must further meet the required setbacks from drainfield lines. 2. A diagram of the building envelope and approved drainfield sites shall be attached to this resolution as Exhibit "B", to advise future potential buyers of the property of the building site limitations. 3. Any proposed residence or development of the property shall meet the hardcover requirements of the LR-lA zoning district. 4. No other zoning variances for development of this property will be granted. 5. The approved access for the property is a single drive- way at County Road 15. 6. The standard park fee shall be collected by the City at the time a building permit is issued. 7. Authorities granted by this resolution run with the property not with the applicants, 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 will expire on that date (July 8, 1992). 8. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. 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. Page 3 of 5 - - ' ! � O� O :i\ O ��a�--� GITY of ORONO � � �� ti ` �` '�' RESOWTION OF THE CITY COUNCI L ��9 ; p�� NO. 2 9 7 9 ESI3 dopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of July, 1991. ATT T: ' ��' • .� orothy M llin, City Clerk Barbara A. Peterson, Mayor , � �.. � �� _ � � Pr erty Owner(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of July, 1991, by Barbara A. Peterson & 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. � �� Notary Public LINDA S VEB NOTARY PUBLIC- MINNESOTA HENNEPiN COUNTY My commisslon expires 8-12-68 � - Page 4 of 5 ! . + ., • O�? � ' Y O :� O '� CITY of ORONO _� �� i�'�''`��=� F �� Y �" �'�' RESOLUTION OF THE CITY COUNCIL ��ESH.�� NO. 2 9 7 9 STATE NNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing i trument was cknowledged before me on this 8th day of July, 1991, y Barba A. Peterson & Dorothy M. Hallin, Mayor & City Clerk th City of Orono, a Minnesota municipal corporation and said ' trument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of � 199 before me a Notary Public within and for said county, personal ly appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �1� day of ��-�m�'� , 199� before me a Notary Public within and for said county, personal ly appeared Tt,�a�c;-rrNt P2��c=r�s known to me to be the person(s) described in and who executed the f oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , . � � � � � , �.. � . 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