HomeMy WebLinkAbout1992-09-08 Resolution 2058City of ORONO
RESOLUTION OF THE CITY COUNCIL
' NO. 3
A RESOLUTION GRANTING
VARIANCES PER
MUNICIPAL ZONING CODE
SECTION 10.08, SUBDIVISION 3 (A)7
AND TO SECTION 10.27, SUBDIVISION 5 (B)
FILE #1065
WHEREAS, Larry Martineau (hereinafter "the applicant•) is
the owner of the property located at 4360 Chippewa Lane within the
City of Orono (hereinafter "City") ana lege.11y described as follows:
Lot 3, Block 1, Chippewa Third Addition, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.08, Subdivision 3 W7 to
permit the construction of a non -rental guest apartment within the
basement level of the principal residence at 4360 Chippewa Lane.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1065.
2. The property is located in the RR-lA Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
September 15, 1986, and recommended approval of the proposed
variance based upon the following findings:
A) The applicants intend the apartment to be used as a
guest apartment only and have no intent to rent the
apartment.
B) The apartment, as designed, is on the walkout level of
the house and may be :,ccessed from within the main house as
well as from direct exit to the rear yard at the walkout
level, or indirectly to the garage.
4. This property was ^reated by a subdivision approved prior to
the adoption of the RR-lA zoning district standards. The lot
technically has a width of 140' at the 100' front yard setback
line, hence does not meet the required 300' width standard and
technically required a variance to obtain a building permit.
However, the lot is 964' wide at the building site and therefore
at that point exceeds the required point.
5. 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 variance on the health, safety and welfare of the
community.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2058
6. 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 variance
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance per the Municipal Zoning Code Section 10.09,
Subdivision 3 (A)7 to permit the construction and use of a non -rental
guest apartment within the basement level of the principal residence
at 4360 Chippewa Lane, and grants a 160 lot width variance to Section
10.27, Subdivision 5 (B) to allow construction of a residence on this
technically substandard lot, subject to the following conditions#
1. The main entrance to the house shall remain as an open foyer,
forcing the apartment occupant to enter the apartment from within
the main house, as shown on the proposed design plans.
2. This use variance is granted on a temporary basis and shall
expire at such time that the applicants no longer own the
property. Any new owner would have to reapply for the guest
apartment use. The temporary variance is not transferable to a
new owner without Council approval.
3. The mother-in-law apartment shall not be rented out and is
intended for the sole use of the applicants while they are
occupants of the principal residence and their non-paying guests
or domestic employees.
4. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must he
exercised by application for a building permit for the guest
apartment kitchen construction within one year of the date of
Council approval, or this variance will expire on that date
(October 13, 1987).
5. 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, ar,i shall be punishable as a misdemeanor.
6. 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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II
' City of ORONO
RESOLUTION OF THE CITY ^OUNCIL
NO. 2058
Adopted by the Orono City Council on this 13th day of
October, 1986.
ATTh.,T :
/bor6thy M. Hall n, City Clerk Mary C.,'!utler, May6r
Proper y Owner s
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CC i ty of OR,ONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2058
On this 0�3 is day of ��&-) , 1986
before me a Notary Public within and for said county, personally
appeared Lq,r a r'. known to me to be
the person(s) descr bed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
WA
L
.-- NNow
A
STATE OF MINNESOTA
/lJ
NOTARY PUBLIC
MY COMMISSION EXPIRES
)ss.
COUNTY OF HENNEPIN )
On this day of e, , 1986, before me
a Notary Public within and for said County, personally appeared
1. I32 , "Ma&'4jA-P �� known to me to be the
persons described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the sage as his
(their) free act and deed.
NOTARY PUBLIC
WNSWWA 9--i� 77�
0 2am
wMY COMMISSION EXPIRES pop_ I
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