HomeMy WebLinkAboutResolution 785 � � 1
• Resolution t�o. 785
RESOLUTION DEI+IYING LOT P�IDTH VARIANCE
FOR WARREN ORTENBLAD FOR PROPERTY
LOCATED AT 1865 SHADYWOOD ROAD
(TRACT E OF RLS #624)
WHEREAS, Warren Ortenblad is the owner of property
located at 1865 Shadywood Road, Orono, Minnesota, and has
applied for a lot width variance, and
WHEREAS, the Planning Commission has reviewed the
application for the variance for lot width and has recom-
mended denial of same, and
WHEREAS, the City Staff has reviewed the application
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. Ortenblad and the City
Staff at a council meeting of April 11, 1977,
• NOW, THEREFORE, the City Council of the City of Orono
makes the following findings of fact:
1. Tract E is only 90 feet in width.
2. The Zoning Code requires a minimum lot width of
100 feet.
3 . Tract E has not been assessed for a sewer unit.
4. There is only 13, 000 square feet of dry buildable
land on Tract E and the minimum lot area requirement for a lot
in that use district is 21, 780 square feet.
5. Tract E and Parcel 810 (which parcel is adjacent to
Tract E ) were both owned by the D & J Corporation and/or by
Warren Ortenblad as late as 1969.
6 . In 1969, Warren Ortenblad and/or D & J Corporation
sold Parcel 810 to another individual.
7 . Parcel 810 is already occupied by a house and was
occupied by a house prior to 1969, and is substandard since
it is only 78 feet wide and has an area of only 9, 719 square
feet.
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. 8. Tract E and Parcel 810 were under common ownership
as of 1967, 1969, and as of January 1, 1975, both lots are
recorded as being under the common ownership of Warren
Ortenblad.
9 . Tract E and Parcel 810 together consist of approx-
imately one-half acre of dry buildable land.
10. As of 1967 and until January 1, 1975, Section 31. 200
of the Zoning Code provided as follows:
"Existing lots. A lot of record existing upon September
14, 1967 (the effective date of the Zoning Code) under
� single separate ownership in an "R" Residential District,
which does not meet the requirements of the Zoning Code
as to area or width may be utilized for a single family
detached dwelling purpose provided that in the judgment
of the council such use does not adversely affect the
public health or safety. Single separate ownerships
include joint ownerships by not more than two persons. "
11. Therefore, as of 1969, when Warren Ortenblad sold
Parcel 810, both Parcel 810 and Tract E were under common
ownership and were not under single separate ownership and
- since both lots were substandard taken individually, both
lots were unbuildable pursuant to the Zoning Code. If Warren
• Ortenblad had retained ownership of Parcel 810, then Parcel
810 and Tract E together would meet the requirements of the
then existing Zoning Code.
12. On January 1, 1975, the Zoning Code of the City
or Orono was amended and language similar to Section 31. 200
above was included therein, which language applied only to
existing lots which, because of that zoning change, placed
in new use districts with new lot area and width requirements.
Tract E and Parcel 810 were not so changed and therefore were
subject to the lot of record and single separate ownership
restriction as set forth above in Section 31. 200.
13. The applicant has failed to show any unique hard-
ship to justify any variance from the provisions of the Zoning
Code. There are other substandard lots throughout the city
which have been combined in the past pursuant to Section 31. 200
or language similar thereto.
14. The variance is denied in order to prevent the
creation of the public harm of congested streets, lack of
adequate parking, and lack of open space in the area which
would result if these substandard lots were developed as two
separate lots in violation of the Orono Zoning Code.
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• 15. Section 31. 200 et. seq. of the Orono Zoning Code
requires that the variance be denied.
16. These two lots, Tract E and Parcel 810, have been
taxed in the past as though they were just one building site
� and not as though they were two building sites.
17 . Tract E has been erroneously assessed for one water
assessment unit in the past which water assessment unit is
hereby abated since Tract E is not a buildable lot.
Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held May '23�, 1977, by a vote of ;_4-�: ayes
and 0 nays. �" �
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William B . Van Nest, Mayor
ATTEST: .
• Walte e on,
Clerk/ �inistrator
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