HomeMy WebLinkAbout#4602-variances-2001 w
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b CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B) AND
SECTION 10.03, SUBDIVISION 9,
FILE NO. 2658
WHEREAS,Timothy D.Landon and Amy E.Landon, (hereinafter"the applicants")
are the owners of the property located at 1360 Vine Place within the City of Orono(hereinafter"the
City") and legally described as follows:
See Exhibit A
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a lot that
is 90 feet wide where 140 feet is required and Section 10.03, Subdivision 9 to permit an accessory
structure on a lot without a principal structure.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on January 17, 2001, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2658.
2. The property is located in the LR-IB Zoning District, where 4').560 s.f. or 1 acre is
the minimum required lot area. The property consists of approximately 69,150 s.f.
or 1.587 acres.
3. The Orono Planning Commission reviewed this application on January 17,2001 and
recommended approval of the proposed variances based upon the following findings:
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A. The property has been developed with a residential use since at least 1950.
B. The site plan indicates the proposed setbacks 10' to the side property lines
and the house would be outside of the 75' lakeshore setback. The entire
house would be located approximately 112'from the lakeshore,which meets
the intent of the Comprehensive Plan for new structures.
C. The lot can be developed without the need for further variances.
D. The detached accessory building is in good structural condition.
E. Variance approval was granted for the oversized accessory building in 1976.
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 will not adversely affect traffic conditions, light, air, nor pose a fir:
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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City Staff,comments b,
the applicants and the effect of the proposed variances on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential
construction on a lot that is 90 feet wide and 140 feet is required and Section 10.03, Subdivision 9
to allow an accessory structure on a lot without a principal structure. Approval is subject to the
following conditions:
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1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit B. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. It is the intent of the City Council that variances to develop the lot would not be
looked upon favorably.
3. Authorities granted by these variances 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 these variances will expire on that
date (January 22, 2002).
4. Violation of or non-compliance «ith any of the terms and conditions of these
variances shall constitute a violation of the zoning code,shall automatically terminate
any authority granted herein, and shall be punishable as a misdemeanor.
5. 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.
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on
the 22nd day of January, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson,Mayor
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Property Owner(s)
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STATE
O:STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of January,2001
by Barbara Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
RACHEL DODGE al-`--t__� /9cc�lc S_
NXARY PU8W- SOTA Notary Public
Mir Carrnb M E*=Jen.31.2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 3 ?W day of J z n ct 4,<� , 2001,before me a Notary Public within and
for said County,personally appeared ;r rn�z F 4 � WO �; known
to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged
that (their) free act and deed.
MARY ANN JOHNSON
NOTARYPl3'�1C-IWNWA �(�'
1*Coienie mE*bNm.31.2005 NotaryPu is
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this I f day of -A of W 1? V ,2001,before me a Notary Public within
and for said County, personally appeared T rir c-ih
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.
1*21 e-z,v,some go
L(
MARY ANN JOHNSON Notary Public
' WTMY Kac-MINNESOTA
W CONAMM Expires Jen.31,2005
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Exhibit A
LEGAL DESCRIPTION OF PREMISES
The following property is described as all lying in Block 17, Saga Hill Revised. Hennepin Co., Minn.:
Lot 4 and the Northwesterly 1/2 of Lot 3, and Lot 12; except that portion thereof lying Westerly '.
from a line drown from-a point on the Northerly rine of scid Lot, distant 12.5 feet Southeasterly
from the Northwesterly corner thereof to a point on the Southerly line of Lot 11. said Subdivision,
distant 12.5 feet Westerly, from the Southeast corner of so'd Lot 11, and also that portion of Lot 13.
and that portion of the vacated Canal Street lying Easterly of a line drawn from the Northeast corner
of Lot 2, Block' 18 *said subdivision to c point 12.5 feet Westerly fron the Southeasterly corner of
said Lot 11. Block 17. and that portion of the Northerly 1/2 of the vacated canal lying Easterly
of o line drawn from a point on the Northeasterly line of said Lot 12. Block 17, distant 12.5 feet
Southeasterly from the Northwest corner of said Lot 12 to a point on the Southerly line of said
Lot 11. Block 17, distant 12.5 feet Westerly from the Southeasterly corner of said Lot 11. and
extending to the center line of said conol..and lying Westerly of the following described tine:
Commencing at a point on the Northerly line of Lot 13, at a point 25.00 feet Southeasterly from the •
Southeast corner of Lot 4; thence Southerly parallel with the West line of said Lot 13, o distance
of 100.00 feet: thence Southeasterly and parallel with the Nortl erly line of said Lot 13 to the Easterly,
line of said Lot 13, and thence extended to the center line of t=e old ccnol. For purposes of this
survey this last described extension has been assumed to be a line perpendicular to•the Northwesterly
line of Canal Street vacated rather than a true extension of the previously described line since this is
how the lines have been previously stayed. For purposes of this survey that part of Forest Boulevard..
lying Northeasterly of said above described portions of Lots 3 cnd 4. end between the Northeasterly
extensions of the-Northwesterly line of said Lot 4 and the centerline of said Lot 3, has been ossumed
to be included as part of the above described property.
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Exhibit B
SURVEY
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