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Home My WebLink About1987-08-24 Resolution 2251City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2251 A RBSOLOT70111 GRANTING VARIl1VCES TO MUNICIPAL ZONING CODE CECTION 10.27, SOBDIVISIOU 5 (B) FILE #1185 WHEREAS, Gary Carlson (hereinafter "the applicant") has an interest in the property located at 965 Edgewood Hills Road within the City of Orono (hereinafter "City") and legally described as Tract B, Registered Land Survey No. 1098, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of approximately 1.5 acres instead of the required 2 acres to be located 30 feet from the front property line instead of the required 50 feet. NOW, THEREFORE, BE IT ABSOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11135. 2. The property is located in the RR-lB, Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 17, 1987, and recommended approval of the proposed variances based upon the following findings: A) Severe slopes on east portion of lot restrict building envelope. B) Only area available for on -site septic systems intersects the building envelope. C ) The proposed development of Tract B will create no traffic hazards nor be detrimental to the public health, welfare and safety. D) The proposed development of Tract B is consistent with the rural residential and or -site septic standards of the City. E) Applicant is creating turnaround on property to serve emergency vehicles by constructing a loop driveway. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2251 F) RLS 1098 was approved by the City in 1963 prior -io the current RR-1B, two acre minimum lot standards that became effective in September of 1967. The majority of the properties within the R1,S have been developed under less restrictive setback standards. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, ccmments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing or 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 3 fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hards~41D or difficulty; is necessary to preserve a substantial property right .J the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COWWSIOUS, OSDXR AND CONDITIOMS Based upon one or more of the findings noted :above, the Orono City Council hereby grants variances per Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a single family residence on the property located at 965 Edgewood Hills Road, subject to the following conditions: 1. Prior to issuance of a building permit, the applicant must submit septic design and final site grading plan for all alterations involving driveway (turnaround), house foundation and grade changes to redirect drainage from septic area. 2. Applicant must provide City with temporary erosion control plan to cover entire construction period, this woull include all preliminary grading submitted at the time of application foi !+Olding permit. 1. The alternate and principal septic test areas must be protected with temporary fencing prior to any land alteration activity on the site. 4. Applicant shall grant to the City an underlying road and utility easement over an existing easement that has been designated as a part of a future turnaround for Edgewood Hills Road. 5. No other variances are granted or permitted for this structure. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2251 6. Applicant is advised that land alterations not covered under Section 10.03, Subdivision 21 of the Zoning Code shall require a separate conditional use permit review before such land alters ions can be implemented. 7. Authorities granted with this resolution run with the property not with the applicants, 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 (August 24, 1988). 8. violation of or non-compliance with any of the terms and conditions of this resolution ahall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. j 9. The undersigned applicant have 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. Adopted by the Orono City Council on this 24th day of August, I i987 ATT ST: othyK. JF4yir., C `.y C_er . James Grabek, Way ity Owner(s) Page 2 of 3 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2251 STATE OF MINNESOTA ) ) ss. BOUNTY OF HENNEPIN ) pI On this a�0 (:ay of k!5 1987 before me a otary PulAlic within and for afaid county, personally appeared known to me to be Vhe personsdescribed in and who executed the foregoing instrument, and acknowledged that he (they) a cuted the same au his (their) free act Pid deed. L A Mt M�nmro� �� tr~a+e STATE OF MINNESOTA ) )ss. COUNY OF HENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES Un this day of ��C cc z , 19. � before me a jiotary Public withl• an j for sod County, personally appeared � �� ,,c� known, to me to be the p4ra0ns described a and who executed the foregoing ins�:rument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC ■ .wvwvtivr.,. AL M,ZONE M NIE BUR NOTARY PUPUC MINNESOTA HENNEPIN COUNTY My Comm,,s*n Eximres Sept 13. 1991 MY COMMISSION EXPIRES Page 4 of 4 t- 3S PERCOLATION TEST DATA SHUT Test hole location ,t../oc L Bole number Date test hole was prepared q -='r- 3 Depth of hole bottom. inches. Diameter of hole, _� inches. Soil data from test hole: DeptI., inches Soil texture Method of scratching sidewall _ .V4CF fCReTCirTX repth of pea -sized gravel in bottom of hole, 2 inches. Date and hour of initial water _filling �.'elo P" 7-2V_,f2 Depth of initial water filling, 3 C inches above hole bottom. Method used to maintain at least 12 inches of water depth in hole for at least 4 hours Percolation test readings made by G�� [,-�.;��c�t';: on starting at a'm' . Maximum f :/P water depth above hole bottom (date) -10D during test, inches. Time Time Ir:erval, Minutec Measurement, inches Drop in water level, inches Percolation rate, minutes pt-r inch Remarks D / i, i� Perco " tion rate l /• minutes per inch.