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HomeMy WebLinkAbout1986-08-04 Resolution 2027City of OR.ONO RESOLUTION OF THE CITY COUNCIL NO. 2027_________ A RBSOLDTION GBAMT1M6 A VARIAMCB TO mmiCIPAL X0HIM6 CODE SECTION 10.28, SUBDIVISIOM 5 (B) PILE tlOSO NHEREA8, Thomas R. Browne (hereinafter "the applicant”) is the owner of the property located at 760 South Brown Road within the City of Orono (hereinafter "City") and legally described as follows: The South 396 feet of the West half of the Southwest quarter of the Southeast quarter of Section 3, Township 117 North, Range 23 West of the 5th principal meridian. Except the South 93 feet thereof (hereinafter "the property"); and NBBEBA8, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a room addition and attached garage which will be located 37.2 feet from the front lot line where a 50 foot front lot line setbaclc is normally required. HON, TBERBPORE, BE IT RESOLVED by the City Council of Orono, Minnesota : PIMDIN68 1. This application was reviewed as Zoning File #1050. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, and recommended approval of the proposed variance based upon the following findings: A) Proposed additions are no closer to front lot line than the previously existing screen porch. B) Additions to this house in other directions than those proposed would be limited by the location of the wetland and by the existing septic tank location. C) Garage location is based on the new, safer driveway access under construction and is limited by proximity to «#etlands. D) The additions are screened from the road by existing shrubbery. 4. The City Council has considered this application including the findings and recosiaendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Pane 1 of 3 • ; ^ iV ^ -J I I * .'-V.^.* tSLA: Oty of OR.Or TO RESOLUTION OF THE CITY COUNCIL NO. 2027_________ !QF 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 soning 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 nerely 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. C0HCL0810M8# OBDBR AMD OOHDXTICM8 Based upon the above findings* the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.26* Subdivision 5 (B) to permit the construction of a room addition and attached garage which will be located 37.2 feet from the front lot line where a 50-foot front lot line setback is normally required* subject to the following conditiMist 1. Authorities granted by this variance run with the property not with the applicant* but are permissive wcly snd 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 28* 1987). 2. 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. 3. 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. ATTKSTt Adopted by the Orono City Council on this 28th day of July* 1986. othy M.^allin*'City Clerk Mary C. B^^^er* fbiyor Lu£n-,,a^ ^ ^ Property Owner(s) ’ ^ ' Page 2 of 3 • • V. ilA,-;.. v'i«i City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _J°?2______ STATE OP MINNESOTA ) ) S8. COUNTY OP HENNEPIN ) On this 4^day of 1986 before me a Notary Public within and for said county, personally apoeared^TiieMiVtf /if^ tCL. known to me to be the person(s) d^cribea in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OP MINNESOTA ) )SS. COUNTY OP HENNEPIN ) On this day of_ _ _ _ _ _ _ _ _» 1986, 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 foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 iBi !: GITYoT ORONO PMi Office Box 66*CryxUl Bay, MinncaoU 56323•Municipal Officw On the North Shore of Lake Minnetonka August 4, 1986 Van Eeckhout Bldg. Corp. 1935 Waycata Blvd. Suite 165 Long Lake, NN 55356 RE: 650 N. Brown Road - Request for water connection. Dear Nr. Van Eeckhout: We are in receipt of your request to connect the above- referenced property to the Long Lake water system. This matter will be before the City Council on Monday August 11, 1986 (meeting starts at 7:00 pm). The attached memo indicates what concerns the city staff has regarding the city's water connection policy. Please contact me at 473-7357 if you have any questions. Sincerely Michael P. Gaffron, Assistant Zoning Administrator iiilLDINt;a ZONING - 47)-7JS7 ASSESSIN<;ADMINISIKATION a finance - 47J-73SS PUBLIC WORKS - 473-7359 Tot Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Coordinator rroms Michael P. Gaffron, Aiisistant Planning 6 Zoning Administrator Dates Subjects July 29, 1986 Van Eeckhout request for connection to Long Lake municipal waterf 650 North Brown Road Attached is a copy of the request by Van Eeckhout Building Corporation for City of Orono approval to connect the home under construction at 650 North Brown Road to the Long Lake municipal water system. As you are aware» Long Lake has approved this and would be billing the property owners directly. This property is in Orono’s Rural Zone, and the Rural Land Use Policies of the Orono Community Management Plan generally state that rural development will occur without the extention of municipal utilities. In this caser there is an existing Long Lake watermain adjacent to the property, hence no "extention* of municipal utilities is required. The applicant has not demonstrated a hardship and development of a well on the~property is certainly feasible. The only "hardship" is financial. There are likely other properties in Orono and adjacent to the Long Lake water system that could make the same request. Staff has not identified such properties, but we presume that in virtually all cases, a well could be placed on the property without any problems. If the Council wishes to keep the same consistent policy as with sewer connections, ^-hen a hardship must be demonstrated, i.e. show that a well can't be developed on the property. On the other hand, I can find nothing in the Code or the Comprehensive Plan which specifically disallows connection of adjacent properties to existing water utilities as long as no extention of the utilities is required. Water utility connection/- are not under the umbrella of MWCC control, and hence no Comprehensive Plan amendment is required by the City to allow a hookup such as is requested.