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Home My WebLink About1986-01-13 Resolution #1094 Pg1i •'v : j ‘/*‘ i .*<■il City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 _____ WL.-. .Vi:.5 A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE «988 HBERBAS, 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 Parle, also all the land including the vacated highway, Lalce Shore Drive, lying between the Northeasterly line of said lot and the shore of Lalce 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 "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction 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, FINDINGS 1. This application was reviewed as Zoning File #988. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The property was in common ovmership with contiguous Lots 16 and 17, Spring Park prior to 1967 through 1977 when the current 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 regula tion, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. Page 1 of 6 .. c I W; ■V.h;;! City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 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 Citv ownership of these lots, the same standards for square feet or 77% of the required lott* consistent in area with 7 other developedlots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi- ^ narrowest lots in the 33 lot^CascoCircle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on aonrovAi ® majority of its members recommended find:Tr^*^ 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. P) 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 question are peculiar to such property or immediately ad joining property. Page 2 of 6 iJ L.. V City of ORONO tV RESOLUTION OF THE CITY COUNCIL NO. 1904 __________ 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 in 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 demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27, 1984# and the findings stated in that approval resolution (No. 1607) were acceptable at that time and 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 owner and the effect of the proposed variances on the health, sc I'ety 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 appli cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLOSIOMS# ORDER AND CONDITIONS Based upon the above findings# the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25# Sub division 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; I* 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. Page 3 of 6 IJ . f fiti : i: •’ * ,T . .• I y I City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904_________ 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 jfequired. 6. Applicant is allowed to rei>-ve 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 (January 13* 1987). 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. Page 4 of 6 '■l: >1- 'V i:'- -1‘W.V'f City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 Adopted by the Orono City Council on this 13th day of Janu, xy, 1986. u \ ' ^ /w / / Tim Ad^s # Acting Mayor Page 5 of 6 r*A i ^City of ORONO (■‘-■xi RESOLUTION OF THE CITY COUNCIL NO. 1904 STATE OF MINNESOTA ) ) 88. COUNTY OF HENNEPIN ) On this 3/day of 1966 before me a Notary Public within and for eaid county#personally appeared s ^ /^/<rV?rt^~s __________ known to me to be .bethe person(8)describedinandwhoexecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (tlteir) free act and deed. V* > ' i' NOTARY PUBLIC MY COMMIoSION EXPIRES STATE OF MINNESOTA ) )S8. COUNTY OF HENNEPIN ) On this day of 1986# before me a Notary Public within and for said Cpdnty#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. ... A MARKJ NICHOLAS WTAdV PueilC-KI.JNESOTA 5 HENNEPIN COL'NIV NOTARY MY COMMISSION EXPIRES Page 6 of 6 ' ! i 1 501 West 78th Street Bloomington. Minnesota 55420 (612)681-0047 yn jjana cmrveying] RESOLUTION 1904 WOODROW A. BROWN. RLS, President SURVEY FOR: SUMMIT BUILDERS LAKE ^ MINNETONKA PROPERTY DESCRIPTION ELEV. FEB. 27,1983 390 Lot 18. and that part of vacated Lake Shore Drive lying in Lot 18 SPRING PARK ADDITION, according to the recorded t^t thereof, Hennepin County. Rlsinesota SCALE* I*** 40* O • IRON MON. (91.5) Denotes Proposed Eleva^^ 89.7 Denotes Existing Elevation Proposed Garage Floor Elevation* 92.0 Proposed Top of Block Elevation* 92.4 Proposed Basement Floor Elevation*84.4 Proposed Walk out Elevation* 84.4 BENCHf<'’"K: Spike in Power Pole at N.H. Cor. of Lot 18 - 100.00 Atonrc : -TO rwe AeOfio 6l^AtK>TVTC^ //O /et5DLU.T-/t>Aj # I hereby certify that this sketch plan or report was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. / Date: March 4, 1985 Req. No. 15230 Revised: January 10, Iv wo. 6-as