HomeMy WebLinkAbout1997-10-27 Resolution 3987CITY of ORONO
RESOLUTION OFF THE CITY COUNCIL
NO. SP87
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 2, 10.55,
SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L),
AND GRANTING APPROVAL FOR IMPROVEMENTS
IN THE CITY RIGHT-OF-WAY PER MUNICIPAL CODE
SECTIONS 6.05, 6.07, AND 6.09
FILE #2301
WHEREAS, Gerald McCourtney (hereinafter "the applicant") is owner of the
property located at 1055 West Ferndale Road within the City of Orono (hereinafter "City") and
legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied for variances to Municipal Zoning Code
Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to
increase hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and
to place a gateway structure within 75' of the lake where no structure or fence is normally
allowed; and is requesting permission per Municipal Code Section 6.05, Subdivision 9 to
expand the width of an approach for the existing driveway which already exceeds the 20'
approach width limit,.tion; and is requesting a permit per Municipal Code Sections 6.07 and
6.09 for construction of a gateway and planting of trees within the right-of-way of West
Ferndale Road.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2301.
2. The property is located in the LR-lA, Single Family Lakeshore Residential
Zoning District.
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. R 9 9 7 -
3. The Orono Planning Commission reviewed this application on 'Jctober 20, 1997.
and recommended approval of the requested variances based upon the following
findings:
A. The 66' right-of-way of West Ferndale Road is unusually wide because
it was formerly a County Road, and placement of an arborvitae hedge
15' from the paved traveled roadway will have no impact on traffic
safety or road maintenance.
B. The approval for an arborvitae hedge 15' from the paved traveled
roadway is similar in character to a fence recently approved for the
adjacent property to the east which was required to be located 15'
from the paved traveled roadway.
C. Construction of a gate to provide yard maintenance access to the
property, with such gate located within the right-of-way but 23' from
the paved traveled roadway, is appropriate as long as there is no
accompanying paving, gravel, or other hard surface associated with the
gateway.
D. Although applicant's existing driveway apron is 40' in width where
City code would normally allow only a 20' wide apron, the existing
apron was approved by prior Council action. The proposed 130 s.f.
expansion does not impact safety or maintenance of Ferndale Road.
The additional 130 s.f. of hardcover is more than offset by applicant's
prior removal of approximately 1,373 s.f. of hardcover by the recent
removal of the pre-existing Skarp residence, driveway, sidewalks, 4nd
related hardcover.
E. The two tax parcels must be legally combined in order that the
improvements are on the same lot as the principal structure.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
Page 2 of 6
ILO
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 V 8 7 4
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55,
Subdivision 8, and 10.56, Subdivision 16 (C & L) to increase hardcover in the 75-250' zone
in excess of the 25% hardcover normally allowed, and to place a gateway structure within 75'
of the lake where no structure or fence is normally allowed; and grants permission per
Municipal Code Sections 6.05, Subdivision 9 to expand the width of an approach for the
existing driveway which already exceeds the 20' approach width limitation; and grants a permit
per Municipal Code Sections 6.07 and 6.09 for construction of a gateway and planting of trees
within the right-of-way of West Ferndale Road, subject to the following conditions:
1. The only additional hardcover approved with the variance approval is 130 s.f.
of expanded driveway apron within the right-of-way of West Ferndale Road, as
well as the gateway structure at the east end of the property which shall have
hardcover impact of less than 10 s.f. Applicant is advised that any future
requests for hardcover on the property or within the adjacent right-of-way will
require a new application and further review and approval by the City.
2. The arborvitae hedge shall be planted on a centerline at least 15' from the paved
portion of Ferndale Road. The proposed gateway shall be constructed 23' from
the paved roadway as proposed. The approaches to said gateway shall remain
in a non -hardcover grass surface.
3. Applicant shall legally combine all tax parcels which comprise the property.
Page 3 of 6
CITY o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3987 A
4. Applicant shall execute a hold harmless agreement with regard., to improvements
allowed within the right-of-way per this approval.
5 Authorities granted by this variance run with the property not with the applicant,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (October 27, 1998).
6. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
7. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 27th day of October. 1997.
A EST:
.0
Dorothy M.'�I lin, City Clerk
f:"ZCam"% X c L
Property O%Nmer(s)
STATE OF MINNESOTA
Gab 'el Jabbour, M or
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
October, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. '
G�
=PUBLIC-IJINNESOT:Al Notary Public
�k ESOTA
TY•• �..;�My n. 31. 20:0
Page 4 of 6
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
On this 13 eJ day of , 1997 fore me a Notary Public within
and for said county, personally appeared L• cj-e r lei r A»
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S. VEE
tN NOTARY PUBLIC-MINNESOTA
L_-'.aa2e��HENNEPIN COUNTYr<ty Commission ExpiresCO N 31, 2000
STATE OF MINNEFOTA )
) ss.
COUNTY OF HENNEPIN )
et
NOTARY PUBLIC
On this � day of �„�z�+� , 1991 before me a Notary Public within
and for said county, personally appeared Gvre„ f 71�r. C''t4
known to me to be the person(s) described in and who executed th foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
J
� N*TYP LIC
Page 5 of 6
LEGAL DESCRIPTION
Tract 6, Registered
County, minnesota,
ALSO
i�w a r A
gr� moo" I act S`%
OF PREMISES:
Land Survey No. 1372, files of Trgistrar of Titles, Hennepin
That part of Lot 11, North Shore Cottage Acres, Lake Minns. :ika, described as
follows: Beginning at the Southeast corner of said Lot 11; thence Westerly
along the outh shore line of said Lot 100 feet; thence Northerly on a straight
line to a point on the North line of said Lot 95 feet from the Northeast corner
said Lot pt; thence Southeasterly along said North line to the Northeast corner
of said Lot; thence Southerly along the East line of said Lot 32.5 feet to place
beginning.
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