HomeMy WebLinkAboutResolution 1156 . � •
C�ty o� ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. 1156
• - • •
REGARDING LOT CONFORMITY AND VARIANCE APPROVAL
FOR DON UDELL, 1210 LONIA LINDA AVENUE
WHEREAS , the City of Orono is a municipal corporation organized
and existing under the laws of the State of DZinnesota; and
WHEREAS , the City Council of the City of Oronp has adopted zoning
regulations for the orderly, economic and safe development of land within
the City; and
.
WHEREAS, the Planning Commission and the City Council have
considered an application from Don Ude�ll, 1210 Loma Linda Avenue , for
approval of zoning variances to permit construction of a new attached
garage on said property; and
WHEREAS ,. pursuant to review of this application, the City ,
Council makes the following findings of fact:
1. The Udells own or have property interest in five adjacent
' lots , four tax parcels, upon which are located their home,
three separate rental dwellings, and a detached garage .
2 . The property includes a portion of vacated Portland Place
• within which is reserved a uti�ities easement for a natural
gas line.
3. The total area of the property is 1. 26 acres.
4 . The property is located in the LR-1B zoning district,
which permits only single-family detached dwellings on
individual lots, and which requires at least 1 . 0 acres for
each separate dwelling and/or lot.
5. The existing use density of the property is . 315 dwell,ings
per acre.
6. The existing properties are non-conforming as regards
permitted uses in the zoning district and are non-conforming
with required lot area, width and setback performance standards.
7 . The proposed location of the attached garage is the only
reasonable location because of the constraints of topography
and lot configuration.
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RESOLUTION OF THE CITY COUNCIL
� NO. 1156
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8. The rental properties and/or renter-occupants have in the
past been the source of numerous documented complaints to the
City concerning among other things junk or inoperable vehicles,
unlicensed vehicles and outside storage of junk and debris.
9. The intention of the applicant is to improve the property,
to combine the existing parcels into no more than two parcels
for tax and zoning purposes, and to eventually comply with the
use requirements of the zoning code by having _,only one dwelling
unit on each resulting lot.
10. Approval of a garage addition would not increase the
intensity of the existing non-conforming use, although it
would increase the bulk of the principal residence. It would
not impair the public health or welfare.
� NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
� approves the following variances, subject to the conditions noted:
1. SECTION 31. 109 : Alterations to a non-conforminq use;
increasing the bulk of a building by addition of the attached
� garage; subject to:
a) The applicant and any and all fee owners of the property,
shall sign this Resolution thereby agreeing to the conditions
and statements contained herein, and agreeing to recording
of this document in the chain of title of the property.
b) The property owners shall apply for lot combinations
for tax purposes , as follows :
1) combine parcels 7-117-23-41-0005 and 7-117-23-32-0004
into one tax parcel/lot containing the principal
residence, one rental dwelling and a detached garage.
2) combine parcels 7-117-23-32-0003 and 8-117-23-23-0004
into one tax parcel/lot containing two rental dwellings.
c) The property owners hereby state and agree that the 'intent
of this lot combination and variance approval is that these
two resulting lots shall at some time in the future be made
- to be conforming with the Use Sections of the zoning code
by elimination of the second dwelling on each lot, thereby
resulting in only one dwelling on each lot.
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RESOLUTION OF THE CITY COUNCiL
• NO. 1156
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d) The property owners hereby agree that, so long as
more than one dwelling exists on each lot, the property
owners will be the responsible party for abatement of
any and all zoning code or nuisance ordinance violations
which may occur on said property, whether caused by the
property owner or by a renter-occupant of the property, '
and that failure to correct such violations upon proper
notice from the City shall subject said property owners
to prosecution for said violations , including penalties
of� up to a $500 . 00 fine or 90 days in jail for each
occurrence thereof.
2. SECTION 34 .450 : Side setback variance of 7 ' or 700 ;
construction of an attached garage to 3 ' of the property
line between Lots 1 and 2 , Block l, Saga Hill Revised, subject
to:
a) The applicant shall have the utility company determine
the exact location of the existing natural gas line and
appurtenant easement, ensuring that the proposed
construction will not encroach on said line or easement,
, or alternatively, the applicant shall at his expense
arrange with the utility to relocate said gas line and
easement to permit the construction to proceed.
b) The City Council in approval of this setback variance
hereby finds that the applicant has demonstrated a
hardship due to topography and existing house location
sufficient to justify said variance, provided all
conditions of this resolution are met prior to application
for a building permit.
3 . The approval of these variances shall expire one year after
final approval of this Resolution if the conditions have not
been met or the building permit has not been issued, but such
expiration shall not revoke the agreements made by the
applicant in Sections lc and ld above.
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RESOLUTION OF THE CITY COUNCIL
� NO. 1156
• - • •
4 . Where used in this Resolution, the terms "appl.icant" or
"property owner" shall mean a11 persons having fee title in
the proper�.y, which persons sha11 sign this Resolution below
before it shall be adopted by the City Council.
The undersigned hereby agree to the statements and conditions contained
herein; hereby agree to having this document filed in the chain of title
of this property; and hereby state that we are all the fee owners of all
the lots described herein, including Lot 4 , Loma Linda; Lots 1 & 2 ,
Block l, and Lots 1 & 2 , Block 2 , Saga Hill Revised.
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Date
C�LZ�'d-C,�fi-cJ �_ � -�d -��
f� � � Date
i' � , � � v -�o
Date
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Date
Adopted this 30 day of June , 1980, by
the City Council of the City of Orono.
William B. Van est, Mayor
ATTEST:
�
te R. n , City Adminis rator
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