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Home My WebLink AboutResolution 2973 . , /��_\\ ;'�� O�\\�� /%�O O '`� � '`� CITY of ORONO �� ,� �� ,� `��r�� ' - , `� � � '�� ; � �, ��",^�'�;;� ��,, �'�'� RESOLUTION OF THE CITY COUNCIL �� J,�',��,� NO. 2973 ,� , kEB�� A RESOLDTION GRAIiTING VARIANCSS TO MIINICIPAL ZOITING CODS SBCTION 10.27, SIIBDIVISION 5 (B) FILE #1642 wH$REAS, Reith and Nola Swanson (hereinafter "the applicants") are owners of the property located at 75 Stubbs Bay Road North within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a new single family residence on a lot of area 2.006 acres and lot width 204' in the RR-lA zoning district where lot area of 5.0 acres and lot width of 300' are normally required, and requesting a side yard setback variance of 10.1' to allow the new residence to be constructed 39.9' from the south side lot I.ine where a 50' side yard setback is normally required. NOW, THER$FORS, BE IT R$SOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #I642. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District, which normally requires a lot area of 5 acres and a lot width of 300' for construction of a residence. 3. The Orono Planning Commission reviewed this application on May 20, 1991, and recommended approval of the proposed variances on a vote of 6-1 based on the following findings: A) The existing house on the property has an extremely substandard side setback, being about 10' from the south side lot line. Construction of a new residence 39.9' from the side lot line will be a significant increase in conformity, as opposed to applicants' other option of adding to the existing house. Pa ge 1 of 4 �%p�„ � 11�'�`� ,;O '�� ;�, i� � �,r�,� ,';' CITY o� ORONO ,�,,� A�� ,�: � �,, - \ �� f �A�� RESOLUTION OF THE CITY COUNCIL � r�rC�,.��,�,��;.� Gti �`9I�.'�`'''p4'� NO. 2973 ESI3 B) Applicants have purchased the only adjacent available property and have increased their lot area to 2.006 acres and width to 204'. Applicants have further �rovided soil testing and septic system design information to verify that the primary and alternate drainfield sites exist on the property. The fact that there is a house on the property already is more compelling in favor of granting of the variance than if the property was vacant. C) A residence can be constructed on the property meeting all setback requirements. However, a side setback variance is requested strictly for the, purpose of maximizing the separation distance between the alternate mound drainfield site and the residence. Because the general groundwater flow of treated effluent away from mound system will be towards the house, maximizing the separation will decrease the potential for possible wet basement problems. D ) The neighboring residence to the south is approximately 100' from the applicants' existing residence. The proposed house location with a 10' side setback variance yields a 150' separation. The new house location will tend to increase the perceive�d openness of the neighborhood rather than increasing the perceived density. 4. 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 hea 1 th, saf ety and we 1 f are of the community. 5. 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 variances would not adversely affect traffic conditions, Iight, 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. Page 2 of 4 %�Q�\\� � �\ '�/ \\��, �% O � O '�,\ �i � �,�-t: �';j C ITY of ORONO '�, � �� ?,�, i - � ''�+� �1� p�i✓ ��,.C_, � f�'��,�� , G'� RESOLUTION OF THE CITY COUNCIL �+ �1��_�� `9 �`��°�� 4�� NO. 2973 kESH� CONCLIISIONS, ORDffit AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a single family residence on a property containing 2.006 acres in area and 204' in width where lot area of 5.0 acres and lot width of 300' are normally required, and further grants a variance to permit the new residence to be constructed 39.9' from the south side lot line where a 50' setback is normally required, subject to the following conditions: 1. The alternate drainfield site and all areas within 20' of that drainfield site shall be fenced prior to and during all construction activity on the property, in order to ensure that such site, which is located in an area that could potentially be damaged by construction traffic, remains undisturbed. 2. Any changes in plans from those presented during this application review may be subject to further review by the City. 3. Removal of the existing residence shall occur in the timely manner as prescribed by Zoning Code Section 10.03, Subdivision 7. 4. Authorities granted by this variance 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 (June 10, 1992). 5. Violation of or non-compl.iance 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. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themseZves, 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 % � \\\ �;'�1 �� / 7' \\ �� . � �� =�� - �C� CITY of� ORONO '��'�,,� ��r�� =�. �.,,� - \ � �� '�`:��`f' y��,i � % RESOLUTION OF THE CITY COUNCIL �\'t� `�r`c''"�;�''i� � G~� ,� !I�',�J"�:a��.� NO. 2973 S�, `�kESII� Adopted by the Orono City Council on this lOth day of Ju , 1991. A ST: /��%tli�.O - , � � �� roth M Hallin, City Clerk Barbara A. Pe erson, ayo � � - - - �;��, � ��c�v�L Property Owner s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of June, Y�-��_ L�.� Barbara A. Peterson & Dorothy M. Aal lin, Mayor & City Cf erk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ` r l/ LINDA S. VEE NOt ry Public NOTARY PUBUC - MINNE80TA HENNEPIN COUNTY Nly commiss:on explres&t2�8 Page 4 of 5 u Y // O `\\\ � � \� %/ �� /O O\\`\1 �i � # =� =� " CITY of ORONO Iy. I I � A'�}� �t ' �1.� ��''-v � �� \� � `��"�� `� / '�'�!� RESOLUTION OF THE CITY COUNCI L �, ",�`��. � .� ��',,,,�r;;_�'��o �k'ESH�g' NO. 2 9 7 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s � �� day of �Lt l� � . 19 9L_ before me a Notary Public within and for said county, personally app e a r e d i� i fl� `� I1�o/�c �,,c.�Ct n �c n � � o�ri�- c�cf�n ��s known to me to be the person(s) describe�..an and who executed the f oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VE N�A ��;� ' " _ ` `�� NOTARY PUBUC - MIN , HENNEPIN COUNTY Notary Public o�'y �iT�i�i'�.1�&�� s. COUNTY OF HENNEPIN ) On thi s day of • 19 9 before me a Notary Public within and or said county, personat� 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 Page 5 of 5 Exrt�s�T A tz�N•crio.v JU o. 2`l7 3 LE�AL DFSCR?O'IONS Beginning i rod, North n� th� Snuth Quarter post of Sect�on 3i �n Townshfp tiR. RangP 23; thenc= runninq West 462.A9 feet: thence North 691,78 feet to a point 133 feet South o` the center line nF the County RcaC; and point of commencement of land to be described; thence North 133 feet to the center I�ne of said County Road; thence Southeasterly aleng the center line of said road 499.19 feet to a point on the Quarter Section line of said Section 637.88 feet North of the point of beg�nning; thence South on said Quarter line 133 feet; thence North- westerly 499.19 feet to the aforesaid point 133 feet South of the center line of said road, Hennepin County, Minnesota. 3eginning 1 rod North of the South Quarter post ot Section 32, Township 71�3, ranye 23; runniny thence West 462.89 `eet; Chence North 59'.68 feet to a point 227.1 feet South of the center line of the County rnad; thence North 94.1 feet; Lhence Southeasterly 499.1^ `eet to a point on the Quarter Section line of said Section, Five Hundred Four and e�ght-eiyht hunAredths (504.8H) feet North of thP no�nt of begin- i�g; thence South on said Quarter line 94.1 feet; thence Northwesterly 499.19 feet to the aforesa�d point 227.1 feet Soutn .�f the center line of said County Road; also the Northerly ten (10) feet of the `ollow�ng descrfbed tract or parcel of land: Commencing at a point 16 rods North of the Southeast corner of the Southeast Quarter of the Southwest Quarter of Section 32, Tuwnship 118, Range 23; thence West 462.89 feet; thence North 350.18 feet; t�ence Southeasterly parallel wfth the center line of the public highway known as South Watertown Road d99.19 feet to the East line of said Southeast Quarter of t7e Southwest Quarter; thence South to the beginning, the above desr.ribed - tract of land being part of safd Southeast Quarter of the Southwest c,�uarter o` said Section 32, according to the U.S. Gnvernment Survey thereof. ��,