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Home My WebLink About#2386 - variances/CUP � �P. C , /F � � N `T` �� City of ORo O i� , k.Fk "e:A'1�` �,""�$ ' .. h� fi � RESOLUTION OF THE CITY COUNCIL ,�,;?,�;'� ,�'� t � gi N0. 2386 t��'�-�., _ �:� . � � r� E �A ' I ��.:s :. � `'� A RESOLOTION GRANTING VARIANCES TO MIINICIPAL ZONIPIG CODE SECTION 10.31, SDBDIVISION 8 (C) AND (D) (2) AND CONDITIONI�L USE PERMYT �ER MUNTCIPAL ZONING CODE SSCTIOPI 10.03, SOBDIVISION 19 FILE #1247 WHEREAS, per Section 10.31, Subdivision 6 (F) , Robert Posthumus (hereinafter "the applicant" ) having an interest in the property indentified as Big Island, Record Lot #40 within the City of Orono (hereinafter "City" ) has filed a building permit application for the proposed construction of a 3-bedroom, seasonal dwelling of approximately 1, 536 s.f. in area, an approved use, on the property legally described as Lots 58 and 59, Morse Island Park, Hennepin County, Minnesota (hereinafter "the property") ; and WHER$AS, the applicant has been required to file a land use application with the City that would seek approval of a side setback variance for the seasonal dwelling of 20' or 66� where Section 10.31, Subdivision 8 (D) (2 ) requires a 30' setback, a setback variance of 25' or 33$ for the well where Section 10.31, Subdivision 8 (A) would require a 75' setback from the lake, and per Section 10.03, Subdivision 19 a conditional use permit is required for land alterations within the 75' lakeshore protected area. NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono, Minnesota: FIAiDINGS l. This application was reviewed as Zoning File #1247. 2. The property is located in the RS, Seasonal Recreational Zoning District. 3. The property is approximately .54 acres in area, and per Section 10.31, Subdivision 6 (F) approved on January 13, 1983 , the property was classified as a substandard-buildable record lot and was granted a permanent lot area variance and recognized by the City Council as a buildable lot. The property is approved for a single seasonal dwelling. 4. The Orono Planning Commission reviewed this application on March 21, 1988 , and recommended approval of the proposed variances and conditional use permit based on the following findings and hardships: Page 1 of 4 �r�� , �� `"``e�,'t��,"`'` • �_ . � C�ty of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2386 ti��o ��,; �. A) There are no additional adjacent lands available. B) Topography restricts the location of the mound septic system to the more gradual gentle elevations at the proposed location. C) The required location of the septic system and the depth of the lot place severe restrictions on the location of the well and the seasonal dwelling. D) The proposal appears consistent with the current pattern of development of undeveloped properties on Big Island. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect nor impact light, air nor pose a fire hazard or other danger to neighboring properties ; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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. 6. The City Counci 1 f inds that granting a conditiona 1 use permit to allow the installation of the well at the proposed location will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciat� surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Com�rehensive Plan of the City. CONCI.QSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Cod� Section 10.31, Subdivision 8 (C ) and (D ) ( 2 ) to allow the seasonal dwelling to be constructed 10' from the side or internal lot line and the well 50' from the lakeshore and grants a conditional use permit per Section 10.03 , Subdivision 19 to allow the installation of the well within the 75' lakeshore protected area, subject to the following conditions: 1. 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 ��ithin one year of the date of Council approval, or the special conditions of this resolution will expire on that date (March 28, 1989 ). Page 2 of 4 ' ' .,�;•.w. �. �;` City of ORONO �.a �"'� k�' RESOLUTION OF THE CITY COUNCIL � NO. 2386 • - • • ��`. 2. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. . 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on b�half 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 Orono City Council on this 28th day of March, 1988. ATT T: . ��^ � ��v o y . Halli ity Clerk James R. Grabe , Mayor Edward J. Ca ahan, Jr. , Acting Mayor � � ��,� �� G G�/��'>-�.� � Proper O ,/-� Page 3 of 4 �. �� Cit� of ORONO � � �,. `�u.Y ,�r � X�� *�f�� ''' RESOLUTION OF THE CITY COUNCIL : �. '� `€��f • � NO. 2386 • - �► o :;. STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) � � . On this � day of _ ,, 198� before me a N r P li i h' an said c unty, personally appeared known to me o be the pe on(s) described in and who executed the foregoing znstrument, d acknowledged that he (they) executed the same as his (their) free act and deed. Charlotte A. Knutson - NOTARY PUBLIC - MINNESOTA TARY BLIC HENNEPIN COUNTY �� MY commisdon _ expir� 7 15-93 7 - /�- �3 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this � day of • c� , 198�, before me a Notary Public within and for aid County, personally appeared �r�_t�� - `'�-�j�tt< ,.�{_�,�� known to me to be the person(s�I de�cribed in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as hi� (their ) free act and deed. ��-tQi O� ��'��2�yi��LiLt,/ NO ARY PUBLIC SANDRA L.STEADMAN �i� NO7ARYPUBUC—MINNES07A DAKOTA COUNTY /� ,.d�Ccmmisslon Ex�ires SePt t�.t�� — � J_ % � � MY COMI�IISSION EXPIR�S Page 4 of 4 . - �,� ,, �,�,r r,t.�,,x � ��j�� ` a Clt� Of ORONO sk� ji.f�i. ��N nfi��' a';, RESOLUTION OF THE CITY COUNCIL • 4`' NO. ��} :; • - • � y� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �c��, day of �y�?�-� _ , 198 8 before me a Notary Public with'n and for said county, personally appeared F�eC� �} . ,��,�n {- �. known to me to be the person(s) described in and o executed the foregoing instrument, and acknowledged that he (they) executecl the same as his (their) free act and deed. r / � �y�� Patrrcia L. Petersun �2�'�'�`"'' � =-�-'L� —'' ie+ s: �OTARY PUBLIC - MINNESOTA NOTARY PUBLIC -f HENNEPIN COUNTY � My commission expires 7-15-93 � ``.�:�1 � -/5- `�3 MY COMNIISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES