HomeMy WebLinkAboutResolution 885Resolution No. 885
A RESOLUTION DENYING LOT AREA, WIDTH, LAKESHORE
SETBACK, FRONT AND REAR YARD AND HARDCOVER VARI-
ANCES FOR PROPERTY KNOWN AS PLAT 43120, PARCEL 5325
WHEREAS, Arthur M. Heintz has applied for the above
variances as agent for Sigrid M. Bedder, owner of the property
known as Plat 43120, Parcel 5325, hereinafter "property," and
WHEREAS, the Planning Commission and staff have reviewed
the application for the variances at length, heard comments
from surrounding property owners, and have recommended denial of
the above variances, and
WHEREAS, the City Council has reviewed the Planning
Commission recommendations, the city staff recommendations,
and the comments related thereto by Mr. Heintz and the City
staff at the council meeting of February 23, 1978,
NOW, THEREFORE, the City Council of the City of Orono
denies the variances requested for the following reasons and
makes the following findings of fact:
• 1. The property is located in the LR -1-B use district
which has the following minimum requirements:
Lot area - one acre
Lot width - 140 feet
Front yard - 35 feet
Side yard - 10 feet
Rear yard - 30 feet
Side yard
adjacent
to street - 35 feet
Within 75 feet of the shoreline there shall be no excavating,
filling, hardcover, temporary or permanent structures. Within
75 - 200 feet of shoreline, there shall be no greater than 25%
hardcover.
2. The property is deficient in regard to each of the
above items as set forth in paragraph 1 for the following rea-
sons:
A. There is only 8,000 square feet in area;
B. There is only 80 feet of lakeshore;
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C. There is only 100 feet in lot depth;
D. There is not an adequate area to build a house and
meet the 75 foot setback requirement, the front, rear and side
yard setbacks and hardcover regulations.
3. The property has never been assessed a sewer unit
charge in the amount of approximately $1270 to enable a house
to be built on the property.
4. The property has been evaluated for tax purposes in
the past at a reduced amount to reflect the fact that this is
a substandard lot upon which no house may be constructed.
5. The lot has historically been subject to flooding
and is the natural drainageway to the lake for the surrounding
watershed. There is no way to build on the property without
diverting the surface water runoff in a manner contrary to
the normal runoff pattern and onto the adjacent street. Any
construction on the lot would be subject to periodic flooding.
6. The property is substandard in size in relationship
to the other lots in the area upon which development has
already been completed.
• 7. The granting of a variance for this property would
result in additional:
A. Traffic congestion;
B. Surface water drainage problems;
C. Surface water pollution problems in Lake Minnetonka;
D. Congestion in the area;
E. Diminution in value to the surrounding properties;
F. Parking problems in the area.
8. This lot is not serviced by municipal water.
9. The applicant does not plan to build a house on the
property at this time or in the near future. There has not
been a house on this property for at least 40 years.
10. This property appears to have been originally
platted as a "commons" lot which traditionally has not been
considered a buildable lot at the time of platting.
•
11. The granting of the requested variances would be
adverse to the comprehensive land use plan and zoning code of
the city.
12. The applicant has failed to demonstrate any hard-
ship to warrant the granting of a variance, which granting of
variance would be adverse to the health, safety and welfare
of the citizens of the City of Orono.
13. Upon proper application, the City Council will
consider abatement of the existing lateral sewer for the
property.
This resolution was adopted by the City Council of the City
of Orono, Minnesota, at a regular meeting held on the 16
day of March , 1978, by a vote of 4 ayes an_d___G—
nays.
Councilmembers voting for approval:
Councilmembers voting against approval:
ATTEST:
Walter V Benson
Clerk/ ministrator
IFJ.
=Walter B Massengale,;Acting Mayor