HomeMy WebLinkAboutResolution 1165 . 1
� c�t� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
� NO. 1165
� - • •
RESOLUTION AND AGREEMENT RELATING TO THE
C�RANTING OF VARIANCES TO PROPERTY OWNED
BY DR. AND MRS. MILTON SEIFERT
. WHEREAS, Dr. and Mrs. Milton Seifert own property
located in the City of Orono and legally described as
follows:
Lot 26 and Northerly 15 feet of Lot 27,
Shadywood Addition, Hennepin County, Minnesota
(hereinafter property� ; and
WHEREAS, said property is located in the LR-1C use
district which use district requires a minimum lot size of
one-half acre and a minimum lot width of 100 -feet on Lake
- - Minnetonka, and which use district limits the use of said
property to one single family dwelling, and
WHEREAS; said property is . 507 acres in area, has
only 80 feet in lot width on Lake Minnetonka, and there is
on the property already one principal residential dwelling
and �hree rental dwellings for a net density of approx-
imately 7. 89 units per acre, and
WHEREAS, Dr. and Mrs. Seifert have applied for
seperal variances and/or several variances are necessary
� from the Orono Municipal Code in order for the construction
of any addit,ion to any of the structures on said property,
_ NOW, �H�REFORE, the City Council of the City of Orono
makes the followinq findings of fact:
1. That said pzoperty is substandard in that it does
not have the pne-half a�re minimum lot size for each structure
and the ],00 foo� minimum lot width requirement. •
2. Tha� said property and the use thereof does not
comply W�th t�he Qrono N�un�cipal Code in that there is one
prXnc�pal dwelling and three renta� dwellings on said property.
_ 3. That t,he use of the property for one principal
dwel�ing and three rental dwellings is a non-conforming use
and a certificate of occupancy which was reguired by �32.250
of the Orono Municipal Code has never been obtained by Dr.
Seifert or his predecessor �n title.
.. PAG E 1 O F 5
4. Dr. Seifert has stated that the four dwellings
were built and have been occupied continuously since before
1949.
5. The first zoning of this property by the then
Village of Orono in 1950, established this area as a "resi-
dential" district but did not limit the use to "single family"
residential uses. The 196'� ordinance adopted by the Village
of Orono established the R-1D single family residential half-
acre district which imposed requirements upon the use of the
property similar to the LR-1C use district which was adopted
in 1974 . Therefore, as of September 14, 1967, if not before,
the multiple use of the property and the property itself was
non-conforming. The city has no record of and Dr. Seifert
has not applied for any occupancy certificate at any time
since this provision was added to the Municipal Code.
6. The expansion of the principal building on said
property as proposed constitutes an expansion of a non-conform-
ing use and for which use a certificate of occupancy has not
been granted. Such expansion is specifically prohibited by
�31. 109 of the Orono Mur�icipal Code. The city has never
granted a variance to that section of the Municipal Code.
_ 7 . An additional variance is necessary for the con-
struction of the proposed addition in that there is already
an excessive amount of hardcover on said property in violation
of the municipal ordinance.
8. Said property is also non-conforming in that the
rental unit adjacent. to the lake is approximately 16 feet
from the shoreline and the Municipal Code of the City of
Orono requires a setbacl� of 75 feet.
� 9. The granti,ng of any variance normally would not
be granted to allow for yet another intensification of the
use of a substandard lot because such intensification is:
A. Adverse to the comprehe�sive plan of the city;
B. In conflict with the specific performance
standards of the Zoning Code;
C. In conflict with the intents and purposes of
the Zoning Code; ,
..� -
D. Any expansion to the principal structures
would help to delay the time in which the property and use
thereof could be made conforming unless the appellant agrees
to reduce the non-conforming features of the use.
10. Normally the City Council applies the well-estab-
lished rule that non-conforming uses are to be restricted
-2-
- in such a way so they wi11 be conducive to their ultimately
' being phased out. An addition to an existing, non-conforming
use building, is an expansion or extension of that non-
conforming use. Allowing the construction of an addition
wi11 considerably lessen the likelihood that it will
be eliminated in the foreseeable future unless the property
owners agree to restrict the use in the future or agree to
phase out nan-conforming uses on the property. Strict
enforcement of the ordinance and the prohibition of such
construction will enhance the possibility that the non-
. conforming use will be eventually phased out and such
ordinances are a reasonable means to the end of establishing
a uniform residential area.
11. The denial of any variance here would not consti- �
tute a taking of property and there are no unique conditions
to justify the granting of a variance except the one to be
discussed hereinafter.
12. Dr. Seifert has agreed that his intent is to
eventually make the entire use of the property conforming
under the present Zoning Code of the city. Dr. Seifert
alleges that he cannot afford to agree to eliminate one
or more structures on the property or to limit the use of
those structures for uses consistent with the Zoning Code,
unless he is able to build this addition to the home and
to phase out by means of an agreed upon schedule, the non-
conforming use of the property.
13. Based upon the above facts and the willingness
of the property owner to remove the non-conforming aspects
of the use, �nd the agreement contained herein, the City
Council finds that on these facts alone, and only because of
the unique circumstances involved, the City Council grants
variances set forth hereinafter subject to the terms and
conditions set forth. Said variance is contingent upon the
agreement by Dr. and Mrs. Seifert and all other owners of
the property to the terms 'hereof. Any variance granted
hereby shall not be effective until this agreement is signed
by such owners, The City Council specifically fi�ds that in
the event that for any reason the terms of this agreement
are not adhered to by Dr. and Mrs. Seifert or their succes-
sozs, ox i� som� court of competent �urisdiction refuses to
upho�d the terms hereof, the City Council would not have
approved this va�iance and automatically rescinds such
yarianc�.
The parties hereto agree as follows:
1. The city gzants the variance from the hardcover
prov�s�Qns, m�nimum �ot Size provisions, created by four
$e�a�a�e struc�ures on the 1ot, minimum lot width provision,
and use pxpvisions of the Zpning Code to allow for the
construction Qf an addition to the principal structure
pursuant to plans and specif�cations dated 2-29-80 and
the revised site_ _plan dated 3-12-80, now on file with the Citv.
-3-
� The addition is to be constructed on the pricipal addition
in the approximate size and location as shown on Exhibit A
attached hereto.
2. The lakeside cabin shown on Exhibit A as such shall
be removed by Dr. Seifert on or before July 1, 1983, or upon
sale or transfer of property, whichever occurs first. In
the event that the lakeside cabin is not completely removed
as of that time, the city may enter upon the property and
remove the lakeside cabin and assess the cost thereof against
- the property to be paid for within one year with an interest
thereon at the maximum allowed by law. In addition to the
assessment of the cost thereof, there shall be included
therein reasonable attorneys ' fees and administrative costs
in obtaining the removal. Dr. Seifert waives any and all
procedural and substantive rights to any notice of the
special assessment, or the removal of the building or as to
any other matter as may be required by 1aw. Dr. Seifert
hereby releases the city, its agents and employees from any
and all liability related thereto.
3. Dr. Seifert agrees that the two rental units adja-
cent to Hennepin County Road No. 19 shall cease to be used as
rental units in any form as of Ju1y 1, 1990 . After July 1,
1990, these units may not be used for any purpose except for
guests of the owner of the principal structure on a no
consideration or payment basis. It is the intent that after
- July l, 1990, these buildings will not be rented in any way
to anyone, in any event, the use of these two structures
for rental purposes shall be terminated as of Ju1y 1, 1990, -
or upon sale -0r transfer of the property, or upon Dr. Seifert's
no longer being the fee owner thereof, whichever occurs
first. .
4 . It is the _intention of Dr. Seifert that in fact
all residential use of these two structures be eventually
phased out.
5. Dr. Seifert agrees that he waives any and all rights
to request or require any authority from the city for any additional
construction on any of the structures on the premises and hereby
waives such rights periding satisfaction of the provisions set forth
in paragraphs 2 and 3 above.
/yj 6. Dr. Seifert agrees that no other accessory buildings
will be erected on the property except to replace one or both of
the rental units described in paragraph 3 above. e
�if—thQ nPw �.,,,��,,. ��_ - --�i1rr� � 1,-�e r
��-o f u r,a,-a,. r�
� .
;
-4-
7. Dr. Seifert agrees that concurrent with the construction
of the addition to the principal building as approved herein,
improvements will be made to the Shadywood Road parking area
designed to improve traffic safety by limiting the width of the
curb cut and limiting or discouraging direct backing onto the
= pavement from the parking •�talls. This improvement will be made
according to the plan attached as Exhibit A and shall be completed
prior to issuance of a certificate of occupancy for the remodeled
principal residence.
�'t! 8. Dr. Seifert agrees that this resolution may be filed in
the chain of title to said property and that it shall constitute
a negative restriction pursuant to its term on the future use
�fo�l�e i,�r�ert� �''�'1 � l, /713 ��.v,, coa+,�,ana►, � A!! r.1►r,: s.z`
`/�lJ.�,nO/ r 7�, rtia,r ,o w�,alGs.v�.e. .ta., t.anl.�w... .�:.. T.:�, �fk.e's /o�ss�..,�,2' s�
�� �rv b� I! � voia/ Mr �.+t� .� i.+ts'r)tic ' .Y► j�in: �,�Q',te.. •
�,/ � As used herei , Dr. Seifer shall refer to Dr, and Mrs.
Seifert, their heirs, successors and assigns, and it is agreed
that anyone who takes title to this property as a condition
thereof, shall be bound by the terms hereof, and that Dr. Seifert
will provide such notice of same in any purchase agreement oz
subsequent instrument transferring the title of the property.
The above resolution and agreement was approved by the City
Council on the 14th day of Ju1y, 1980, by a vote of 5 ayes and
0 nays and was reconfirmed by the City Council on the � day
of ,�. , , 1980 by a vote of _��yes and Q nays.
William B. Van Nest, Mayor
ATTEST:
C�U
' Walter . Benson, City dministrator
Dr, and Mrs. Seifert, being the sole owners of the above
property, agree to be bound by the terms of this agreement and
resolution as set forth above and have been informed that any
violation of the terms hereof by Dr. Seifert, his heirs, successors,
or assigns, shall constitute a misdemeanor and each day of occurrence
of such violation shall constitute a separate misdemeanor, all of
which shall be punishable as provided for y law.
�,� � � .
Dr. Milton Seifert Mrs. Milton Seifer
_S_
�
r
r-�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
_ The foregoin instrument was acknowledged before me
this 2 Z day of ,�.� , 1 , ,, � fiRR�� � fert
and Mr$. Milton Seif rt. � =cP�=��; NOTARYPUBLIC—MINNESOTA
� `'�`� HENNEPIN COUNTY�
My commission expires Aug. 12, 1987
� J
�,• � !
Not y Public
��...
_ i. , 2B/.30 - '�...�' � �F�WA� • �; -
4�
,I.
t f , � ', Y���� ' � , •
�j�/� ��S � 1
f ' t �•/ � ' / ♦ �•/� 'RW'•�� I -•�v/�✓. _ . �ift! �I�.L . , � ' � .
�
b�y:' �t,iV�f�►�� �� �lNl'-( -...r. �;,.,,�, , . , � ,
,
,
,�1�y '
' r i fy�:+ r:. .. . - . _�— � _ ... _ . l :
, J. f� � , , ' ` EX�ST4 �IDDITION
V �..... � / .
PanUcrp �
� -� 4 usE .
EA�tE ° � � -
_ � Fi I:_—_ Tq �P!„`Sl� �, Z
� C�45E ' � __ r� - ,,,.•_ , . Z
� �.. '�.� ftE�lJ'TdC.. I 8Y' 7�/•�l0 ., �� ; f. ,�
O .� "�',��.,� � � � - . ,' . ���E �, .�
� ;yw,.:..�r/ (�11�C�• , , • � , � - 1 �
� Z "i'F� " _ , ~ / i• YO 81�" �
� � '� , '..� . ' .,,.. ,. •
:� ,��.� � . °, ` , ��c Z
�, , ,, ,,. - . . ` ,,,. �
. c �'_ -- � � - ��� • � , :..�Y?.-1-83 ' �
?/ ' •� � ,-�� '\. r �4r;r'�. ' , . ' . .. ' . . 'y �, +' . , `I °' �,
O �� . i��, � � ' � :OG.r_ i '� I
. ,,.�Q -. _ P�9 i5 ' h' � _ . . .
, � - �A �
•� � �► ` ----- . .
. ��� � �
,
. \ .
i m �
• , , ; � � �
�- , . ( r �t.
.
. I �
_ —� -
. • � � _
�, ,
�
LLG:�: .lL:,(,K i i'i I U\ •
� �
L��t .'� and �hc nurth 15 fect uf I ul Ii, tih�Jvwuo�l, accordin�; Co [he � •
�+l.il th.rcc,f cn fJlc �nd uf roCuril ln tMi �.ffice of Che Reqls[er
o( Uc�•�Is, in and for Hcnncpfn l,��unl�•, �9innrsuta. '
O C-. .:� .� . . ,',':.-... .:r-�� .
. � -.;;.-r�_ :ti�� r_. .. -.- . -
. , n o- ' �s•.:'^f��c e�.�.st . . ...r... .
. ' � - � =' , - 23�," -. ' • _. , . .'i . .,.�,�
, , � � �
� �...w p.���.��.���.aw M�[OrrM r1�M�tM�M N��un'h'�f r��►+,. PREPAR
,��„�,��a,�.�....�.�d.�.�r.e�,��.eM.,,��a,�a�.. ED FOR.
IRIEL ���nr.�nu�on,�n0 N�•IpY��nc�wcnwwu.�r�r haw�r en we 4ne .
R8.INC. �o�'' *
Mer-r.
�. "���Y�'°"-�, ,;�;: � ' ��-�: DR. MILTON SEIFERT