HomeMy WebLinkAboutResolution 771 ,,"..
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• Resolution No., 771_
RESOLUTION DENYING LOT AREA VARIANCE
AND LOT WIDTH VARIANCE FOR PROPERTY
LOCATED AT 140 CYGNET PLACE, LOT 2,
BLOCK 3�, SWAN LAKE ADDITION
WHEREAS, Lou Warden is the owner of property located at
140 Cygnet Place, Orono, Minnesota, (also known as Lot 2) , and
has applied for lot area and lot width variances, and
WHEREAS, the Planning Commission reviewed the application
for the two variances and have recommended denial of same, and
WHEREAS, the City Staff has reviewed the application for
two variances and has recommended denial of same, and
WHEREAS, the City Council has reviewed the Planning
Commission recommendation, the City Staff recommendation and
the comments related thereto by Mr. Warden and City Staff at
a council meeting of April 11, 1977,
WHEREAS, the City Council conceptually denied the applica-
• tion on April 11, 1977, and requested staff to set forth the
reason for the denial stated by the council for subsequent
council review and ratification,
NOW, THEREFORE, the City Council has reviewed the Planning
Commission recommendation, the City Staff recommendation and the
comments related thereto by Mr. Warden and City Staff at a coun-
cil meeting of April 11, 1977,.
WHEREAS, City Council has reviewed this resolution to
determine its accuracy,
NOW, THEREFORE, the City Council of the City of Orono
denies the application for lot area and lot width variances
based upon the following findings of fact:
l. The realtor submitting the application on behalf of
Mr. Warden for variances misrepresented the facts of the matter
when he stated that Lot 2 could not be expanded as the property on
either side already contained a house, neither of which was owned
by the owner of Lot 2.
2. Mr. Warden owns Lot 2 and lives in and owns a house
that is on the adjacent Zot No. l.
,� 3. Lots 1 and 2 are therefore presently in common own-
ership and have been in common ownership since the enactment of
the current zoning ordinances.
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• 4. This area of the city is not sewered nor does the
city plan to sewer this area in the foreseeable future under
the Comprehensive Sewer Plan. Therefore, any sewer system must
be an on site septic system. There already are existing pollu-
tion problems because of on site septic systems in the area
where Lot 2 is located. Increasing the density in the area
would only add to those problems.
5. The current zoning of this district requires a mini-
mum lot area of 2 acres (87,120 sq. ft.) and a minimum lot
width of 2 0 0 f eet.
6. The subject lot is now zoned RR-1B.
7. Both Lots 1 and 2, as individual sites, lack the
required 2 acre area and 200' lot width.
8 . Lot No. 1 is presently an extremely substandard lot
and Lot No. 2 is an extremely substandard lot in that both are
less than one acre in size and the minimum lot size in this
district is two acres. Even if these Lots 1 and 2 were com-
bined, they still would represent a substandard lot. Property
Lot 2 was sold by Lou Warden on April 10, 1977.
9. These lots are located in a subwatershed that drains
• into the creek which leads to Stubb' s Bay of Lake Minnesota
which is presently polluted because of the effluent from exist-
ing on site septic systems.
10. The Metropolitan Council, Metropolitan Waste Control
Commission, Pollution Control Agency and the Department of
Natural Resources require at least two acre lots, if not larger,
for all on site septic systems.
11. The city in the recent past has required the combina-
tion of other substandard lots such as these in the area. As
recently as May 27, 1976, individual building sites were denied
on Lots 6 and 7 of Block 3 in the Swan Lake Addition.
12. The granting of lot area and width variances in
this instance would be adverse to the health, safety and welfare
of the citizens of Orono, and contrary to Chapter 31.200 et. seq.
of the Orono Municipal Code.
13. The applicant has failed to show any unique hardship
to justify a variance. There are other substandard lots in
the area over which the city has forced combination in the past.
Since these lots are presently owned by the same individual
or have been owned by the same individual in the past, during
which time Chapter 31. 200 et. seq. or provisions similar thereto
• were in effect, Chapter 31.200 requires that no building permit
be issued for Lot 2.
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. 14. It is possible that the applicant can purchase
other property to the rear of this property to add to these
lots and to make them conforming with the Zoning Code.
15. •The soil types in this area are such that there
must be at least two acre minimums for on site septic systems.
16. The application for variances should be denied in
order to prevent the creation of a public harm.
17. These two lots are not being taxed as separate lots
but are taxed as though they were one buildable lot even though
there are two separate tax statements.
18. This resolution sets forth accurately the findings
of fact made by the City Council at the April 11, 1977 meeting.
Adopted by the City Council of the City of Orono, Minnesota at
a regular meeting held April 25, 1977, by a vote of 3 ayes
and � nays.
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William B. Van Nest, Mayor
• ATTEST:
Walter on,
Clerk/A 'nistrator
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