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Home My WebLink About#3132-variance-1992 xM . .O ' �. � _ • O ; O �b. - CITY of ORONO� � � �� G'�'� RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 313 2 A RESOLUTION GRANTING A RENEWAL VARIANC$ TO MQNICIPAL ZONING CODE SECTION 10.23, SIIBDIVISION 6 (B) � FILE #1736 WHEREAS, Gregory C. Peterson (hereinafter "the applicant") is owner of the property located at 1920 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied for a renewal variance of a variance app lication that was approved by the City in 1989 per Resolution No. 2650 and in 1990 per Resolution No. • 2829 to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a single family residence on a lot that measures 30' at the rear of the front, street setback line where 2 0 0' i s required. NOW, THEREFORE, ' BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #1736. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District requiring 2 acres �in area and 200' of required lot width at the front street setback line. The property has 2+ acres in area. 3. The Orono Planning Commission originally reviewed this application on May, 15 1989 (Application #1410) and recommended approval of the proposed variances based upon the f o 11 owing f indings: A. The lot area exceeds the minimum 2 acre 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. Page l of 6 ,o . � � • ° : ° �b. � CITY of ORONO � � � �� G'�'� RESOLUTION OF THE CITY COUNCIL �kESH.�g' NO. 313 2 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. � 4. 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 lot and � by the designated drainfield sites, hence careful site planning 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. (Refer to Page 6 of this resolution.) 6. The City Council originally granted this variance in � 1989 per Resolution No. 2650 and in 1990 per Resolution No. 2829 and finds no changes from the original findings of that resolution. . 7. , 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. 8. 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 variances on the health, safety and welfare of the community. � . Page 2 of 6 � o.�,. • � � � d. � CITY of ORONO � � �� '�'� RESOLUTION OF THE CITY COUNCIL �kESH�g' Np, 313 2 CONCLIISIONS, ORDER 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 that does not meet the required width at the front street setback line measuring 30' instead of the required 200' , subject to the fol lowing conditions: 1. Any proposed residence must meet the required minimum setbacks established for the LR-lA zoning district and must further meet the required setbacks from drainfield sites. 2. A diagram of the building envelope and approved �• drainfield sites are enclosed as Page 6 of this resolution, to adivse 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 driveway at County Road 15. 6. A building permit for the construction of a residential dock on the lakeshore portions of this property shal 1 not be issued until a Certificate of Occupancy is issued for new residence. Based on the limited land area on the lakeshore portion of the property, the City will permit no other permanent structures except for a residential dock and the temporary storage of dock sections during the winter months shall be discouraged. Applicant is further advised to consult with the Lake Minnetonka Conservation . District to determine if variance setbacks are necessary for the location of the proposed dock and if there shall be a minimum of slips • allowed for dock. Page 3 of 4 . ��°� 0 0 - � � CITY of URONO b` ^ � � , �� G�'� RESOLUTION OF THE CITY COUNCIL 9kES80g' NO. 313 2 7. 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 (June 8, 1993 ) . 8. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. 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, Min esota at a regular meeting held on the 8th day of June, 1992. ATT T: � othy . H lin, City Clerk Barbara A. Peter on, Mayor Gregor C. Peterson ulianne H. Peterson STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of June, 1992 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. � • LINDA S. VEE • Q �/ No HENNEPIN COUNN TA �C �/� - My commisslon expires 5-12-98 Notary Public Page 4 of 6 . � . , •p � ' . . � � O� � O . O �e- - CITY of ORONO � � �� p'�'� . RESOLUTION OF THE CITY COUNCIL �kESH�g' Np, 313 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s �` � day of , 19 9 a- before me a Notary Publ�}' c within and for said county, personal ly appeared �L G' • Y' known to �e t 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. � . �••. JAMIE L.BOSMA • s•., . NOTARY PUBLIC-MINNESOTA �; HENNEPIN COUNTY ., �� MyComm,Fxpiresl2-19-97 NO R PUBLIC � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �j day of _, 199�, before me a N�tary Public within and for aid County, personally appeared J�l,'c�r►h� �. P� �'so�-�, rnc�r�,�e� known to me to be t e person(s) described in and who executed t� foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � (/�� NOTA Y PUBLIC LINDA S. 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