HomeMy WebLinkAbout1982-03-20 Resolution #2123 PgCity of ORONO
RESOLUTION OF THE CITV COUNCIL
NO. 2123_ _ _ _ _
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1101
WHEREAS, James E. Mertes (hereinafter "the applicant") has
an interest in the property located at 3237 Casco Circle within the
City of Orono (hereinafter "City") and legally described as follows*
Lot 18, Spring Pi.rk, also all the land including the vacated
highway. Lake Shore Drive, lying between the Northeasterly line
of said lot and the shore of Lake Minnetonka and between the
Northwesterly and Southeasterly lines of said Lot 18 extended
Northeasterly to said lake shore, and being part of Government
Lot 6, Section 20, Township 117 North, Range 23 West of the 5th
principal Meridian, and also indicated on the plat of said Spring
Park, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code St -ition 10.25, Subdivision 6 (B)
permit the construct!of a new residence on a property that is
16,748 square feet in area or 77% of the minimum area required of
21,780 square feet or half acre and the width of the property is 55
feet or 55% of the required 100 feet of lot width.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDIMGS
1. This application was reviewed as Zoning Pile #1101.
2. The property is located in the LR>1C Single Family Lakeshore
Residential Zoning District.
3. The property was in common ownership with contiguous Lots 16
and 17, Spring Park prior to 1967 through 1977 when the previous
owner, Douglas Smith, purchased the property. Lots 16 and 17 are
now legally combined.
4. Section 10.03, Subdivision 6 (A) (1) of the Municipal Zoning
Code provides for development of lots of record held in separate
ownership since prior to the effective date of the zoning
regulation, provided a lot of record meets 80% of the required
lot area and lot width and has municipal sewer available.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2123 ________
5. Prior to December 19, 1983, the City Council always required
that when two or more lots were owned in common, each lot must
individually meet or exceed the requirements of the Zoning Code
the lots can be built upon and that two or more
substandard lots owned in common must be combined so that the
resulting combined lot meets the requirements of the Zoning Code
before the lots can be built upon.
6. Upon completion of a 6 month City wide review of the common
ownership issue, on December 19, 1983, the City approved a pro
posed amendment of the municipal code that would permit all
substandard undeveloped lots within the sewered areas of the City
regardless of the ownership of these lots, the same standards for
7. The property is 16,748 square feet or 77% of the required
area. The property is consistent in area with 7 other developed
lots within a total developed neighborhood of 33 lots.
8. The property measures 55 feet in lot width and is approxi-
9. The Orono Planning Commission reviewed this application on
November 18, 1985, and a majority of its members recommended
findir^s^ variances as proposed based upon the following
A) No available land - lots are developed on both sides of
property.
B)The property is served with sewer and water.
C) A house and improvements can be constructed without the
need for additional variances.
D) By granting this variance there will be no negative
effect on the public health, safety and welfare.
E) By granting this variance it is consistent with the
development of the area.
F) By granting this variance there should be no need for
future hardcover and setback variances.
G) The special conditions applying to the parcel of land in
Joining pro^rty'*^^**^ *'**^*' property or Immediately ad-
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2123
H) The conditions do not apply generally to other land or
structures in the district in which said land is located.
I) The granting of the application is necessary for the
preservation and enjoyment of a substantial property right
of the applicant.
J) The granting of the proposed variances will not in
anyway impair the health, safety, comfort, morals, or any
other respect by contrary to the intent of the Zoning Code.
K) That the granting of such variances will not merely
serve as a convenience to the applicant, but is necessary to
alleviate demostrable hardship or difficulty.
10. Variances were granted on February 27, 1984, per Resolution
No. 1607 and renewed on January 13, 1986 per Resolution No. 1904.
The Orono Planning Commission reviewed the current application
for renewal on January 20, 1987 and found that the findings
stated in the previous approval resolutions are still valid.
11. 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 proposed variances on the health, safety and welfare of
the community.
12. 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, 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.
COICLOSIOMS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Section 10.25,
Subdivision 6 (B) to permit the construction of a new residence on a
property 16,748 square feet in area or 77% of the required 21,780
square feet (1/2 acre) and with a lot width of 55 feet or 55% of the
required 100 feet of lot width, subject to the following conditions;
1. The detached garage located within the right-of-way of Casco
Circle is a non-conforming structure and subject to all pertinent
municipal ordinances for non-conforming structures.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2123_________
2. The only variances granted with this approval are lot area
and lot width. No other variances are granted.
3. Applicant is hereby advised that in approving the development
of this substandard property that all future improvements must
meet the current standards of the code and that a future Council
might not approve any improvement to the property that requires a
variance.
4. Applicant shall pay the appropriate water unit charge, sewer
connection fees, and park fee at the time that the building
permit is issued.
5. The property owner shall bear all costs of connection to the
municipal sewer and water, including the installation of new
stubs to serve the property, if required.
6. Applicant is allowed to remove the one fallen willow tree at
the lakeshore, but removal of the three standing willows is not
approved at this time.
7. Side, street, and lakeshore setbacks are approved per the
attached survey (Exhibit A).
8. Authorities granted by this variance run with the property
not 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 will expire on that date
(February 9, 1988).
9. 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.
10. 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.
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4
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V mm City of ORONO
WoF-:.:
ORONO’
RESOLUTION OF THE CITY COUNCIL
NO. 2123_________
Adopted by the Orono City Council on this 9th day of
Febraary, 1987.
Property Owner(s)
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City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2123
STAVK^OMJfl NNESOTA
COUNTY OP HENNEPIN
) ss.
On this day of 19^2Public within and for said county# personally
-Ai')-). < 'j y?h ,/f known to me to be
before me a Nota;
appeared _ _ _ _ _ _ _
the person(s)^ described in and who executed the foregoi^
instrument, and acknowledged that he (they) executed the same as “18 (their) free act and deed*
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7
NOTARY PUBLIC "
MY COMMISSION EXPIRES
STATE OP MINNESOTA }
) 88 a
COUNTY OP HENNEPIN )
of 1987, before me
within and for said County# personally appeared
- - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the*) described' inperson(s) described' in and who executed the foregoing instrument,
(their® "«e «t«d‘^d ***‘’““'* *«"• «=
^cttiefcu <9futlt
1991
NOTARY PUBLIC
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MY COMMISSION EXPIRES
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