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HomeMy WebLinkAboutResolution 4602 %--� �� 0� � O O _ ��,. - CITY of 4RON0 � � , ti �,� G'� RESOLUTION OF THE CITY COUNCIL �9kESI�04�' � NO. � � � � � A RESOLUTION GRANTING VARIANCES � . TO MIJNICIPAL ZONING CODE � SECTION 10.24, SUBDIVISION 5 (B)AND SECTION 10.03, SUBDIVISION 9, FILE NO. 2658 WHEREAS,Timothy D.Landon and Amy E.Landon, (hereinafter"the applicants") are the owners of the property located at 1360 Vine Place within the City of Orono(hereinafter"the City") and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a lot that is 90 feet wide where 140 feet is required and Section 10.03, Subdivision 9 to permit an accessory ` structure on a lot without a principal structure. � WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 17, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: , FINDINGS � . 1. This application was reviewed as Zoning File#2658. 2. The property is located in the LR-1B Zoning District,where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 69,150 s.f. � or 1.587 acres. 3. The Orono Planning Commission reviewed this application on January 17,2001 and � recommended approval of the proposed variances based upon the following findings: � � Page 1 of 6 C ` ��� /� O� ' � O O • ��e - CITY of ORONO � � ti �� G'� RESOLUTION OF THE CITY COUNCIL � ��k'ESH.��� NO. 4. � � � A. The property has been developed with a residential use since at least 1950. B. The site plan indicates the proposed setbacks 10' to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be located approximately 112'from the lakeshore,which meets the intent of the Comprehensive Plan for new structures. C. The lot can be developed without the need for further variances. D. The detached accessory building is in good struciural condition. E. Variance approval was granted for the oversized accessory building in 1976. 5. The City Council finds that the conditions existing on this properiy are peculiar to • it and do not apply generally to other properiy in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely ser�-e as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findinas and recommendations of the Planning Commission,reports by City Staff.comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. . CONCLUSIONS, ORDER;AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereb�° grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential constxuction on a lot that is 90 feet wide and 140 feet is required and Section 10.03, Subdi�-ision 9 to allow an accessory structure on a lot without a principal structure. Approval is subject to the � following conditions: � � Page 2 of 6 o � � � � • o o . ��e - CITY of ORONO � � � F �� G'� RESOLUTION OF THE CiTY COUNCIL ��SI�Og''� . NO. �,��A �� . 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. It is the intent of the City Council that variances to develop the lot would not be . . looked upon favorably. 3. Authorities granted by these variances 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 these variances will expire on that date (January 22, 2002). 4. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zonin�code,shall automatically terminate , any authority granted herein, and shall be punishable as a misdemeanor. � � 5. The undersigned applicants have read,understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of January, 2001. ATTEST: , . � � (/ . : _:.. Linda S. Vee, City Clerk Barbara Peterson, Mayor `� �o-�� �1� e�_ Property wner (s) � � � Page 3 of 6 U , , • . . � . ' . . . • � , •• . • • . Exhibit A . � � � � • � ' . ' � LEGAL DESCRIPTION OF PREMISES : ' � � ' � The following property is described os ap lying in Btock 17, Saga Hill Revised, Hennepin Co.. Minn: Let_ 4 and the Northwesterly 1/2 of lot 3, and Lot 12; except thot portion fhereof lying Westerly . , from a line drawn from•a point on the t3ortherly line of said Lot, distant 12.5 feet Southeosterly from the Northwesterfy corner thereof to o point on the Southerly line of Lot 11, said Subdivision, '�' ' ' distant 12.5 feet Westerly, from the Southeost corner of soid Lot 11, ond also thot portion of Lot i3, and thot portion of the vocated Canol Street lying Easterly of a line drawn•from the Northecst corner • of Lot 2, Block' 13 'said subdivision to a point 12.5 feet�Westerly from the Southeasterly corner of�� . soid Lot 11, Block 17, and thot portion of the Northerly 1/2 of the vocated conal lying Eosterly . ' of o line drawn from a point on the Northeosterly line of said Lot 12, Block 17; distont 12.5 feet•. :`� • Southeasterly from the Northwest corner of soid Lot 12 to a point on the Southerly line of said . , Lot 11, Block 17, distont 12.5 feet 'Nesterly from the Southeasterly corner of said Lot 11, ond � extending to �the center line of said canat,.and lying Wzsterly of the fotlowing described line: . ' � -- . - Commencing ot a point on the Northerly line of Lot 13, at a point 25.00 feet Southeasterly from the •:�.' � Southeast corner of Lot 4; thence Southerly paratlel with the West line o4 said Lot 13, o distance ' • � of 100.00 feet: thence Southeosterly and peraRel with the Northerly line of said Lot 13 to the Easterly• . line of said Lot 13, ond thence extended to the center line of the old conal. For purposes of this survsy this last described extension hes been assumed to be a line perpendicutar to' the Northwesterly . ' tine of Canal Street vocated rother th�n a true extension of the previously described line since this is � . • how the lines have been previously stnked. For purposes of this survey that part of Forest Boutevard.. :: lying Northeasterly of said above described portions of Lots 3 ond 4, and between the Northeasterly . � � � extensions of the•Northwesterly line ef said Lot �4 ond the centerline of said Lot 3, has been a'ssumed � ,• ta be inr_tuded os port cF !h� ohov� d=scribed cr�Ferty. • � ._. . . i � - . � . . . . . � . Pa�e 5 of 6 ' .