Loading...
HomeMy WebLinkAboutResolution 793 . � ��- . Resolution No. 793 • � RESOLUTION DENYING LOT AREA AND j1TIDTH VARIANCE FOR ROBERT ;JOHI�IISON FOR PROPERTY NOR'IHWEST AND ADJACENT TO TI� PROPERTY LOCATED AT 2237 SHADYWOOD ROAD (PLAT 43620 PARCEL 8200) I�REAS, Robert Johnson has entered into a purchase agreement to purchase `Parcel 8200 adjacent to and northwest of the property located at 2237 Shadywood Road, Orono, Mi.nnesota, and has applied for a lot area and width variance, and �REAS, the Planning Crnnmission has reviewed the application for the variances for lot area and width and has recommended denial of same, and � I�REAS, the City Staff has reviewed the application and has recor►a�nended denial of same, and WI�REAS, the City CoLmcil has reviewed the Planning Commission reco�enda.- tion, the City Staff reco�mnenda.tion and the comments related thereto by Mr. Johnson and the City Staff at a Coimcil meeting of May 23, 1977, � NOW, THEREFORE, the City Coi.mcil of the City of Orono makes the following findings of fact: • 1. Parcel 8200 is only SO feet in width. 2. The Zoning Code rec{uires a minimwn lot width of 100 feet. 3. The original parcel before division (Lot 3) has been assessed only one sewer plant unit charge. . 4. The two parcels '(8000 and 8200) have been assessed only one water unit charge of $580.00 as a single building site. 5. There is only approximately 9,500 sc{uare feet of dry buildable land on Parcel 8200 and the minimwn lot area requirement for a lot in that use district . is 21,780 squa.re feet. ' 6. Parcels 8000 and 8200 adjacent to one another have been Lmder coirgnon ownership since before the division which preceded our current ordinance. 7. In 1977 Mr. Johnson entered into a purchase agreement with the current owner to purchase Parcel 8200. 8. Parcel 8000 is already occupied by a house and wa.s occupied by a house prior to 1967, and is substandard. since it is only 50 feet wide and has an area of only 8,500 sauare feet. ' � • • >, ,, 9. Parcels 8000 and 8200 were wzder cortanon ownership as far back as our records show and probably back to the time of the division of the original Lot 3. � 10. Parcels 8000 and 8200 together consist of less than the required one-half acre of dry buildable land. 11. As of 1967 and until January 1, 1975, Section 31.200 of the Zoning Code provided as follows: "Existin� lots. A lot of record existing upon September 14, 1967, (the effective date of the Zoning Code) Lmder single separa.te ownership in an "R" Residential�District, which does not meet the requirements of the Zoning Cod.e as to area or width ma.y be utilized for a single family detached dwelling purpose provided that in the jud�nnent of the cotmcil such use does not adversely affect the public health or safety. Single separa.te ownerships include joint ownerships by not more than two persons." 12. Therefore, both Parcels 8000 and 8200 have been tmder conunon rnunership , and were not tmder single separate ot,mership and lots were wlbuildable pursuant to the Zoning Code. 'If the current c�cvner retains ownership of Parcel 8100, then Parcels 8000 and 8200 together would meet the rec{uirements of the existing Zoning Cod.e. 13. On January 1, 1975, the Zoning Code of the City of 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. Parcels 8000 and 8200 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. 14. The applicant has failed to show any tmic{ue hardship to justify any v ariance from the provisions of the Zoning Cod.e, There are other substandard lots throughout the city which have been combined in the past pursuant to Section 31.200 or language similar thereto. 15. The variance is denied in order to prevent the creation of the public harm of congested streets, la'ck of adec{uate 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. � " 16. Section 31.200 et. seq. of the Orono Zoning Code requires that the variance be denied. ' 17. These two lots, Parcels 8000 and 8200, have been taxed i.n the past as though they were• just one building site and not as though they were two building sites. Adopted by the City CoLmcil of the City of Orono, Mi.nnesota, a a re lar ting held Jtme 13, 1977, by a vote of ayes and O� nays. / � � William B. Van Nest, Mayor ATTEST: Walter R. son, Administrator