HomeMy WebLinkAbout1985-09-23 Resolution 1792City of OR,ONO
m:. RESOLUTION OF THE CITY COUNCIL
A.
:. NO. 1792
LQJrr ,
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
FILE f930
WHEREAS, •T er (hereinafter "the applicant") has
an interest in the located at 1080 Ferndale We t within
the City of Orono (l.e. Lter "City") a d legally described as
follows:
That part of Lot 6, North Shore Cottage Acrn-, Lake
Minnetonka, lying Northwesterly of the following described
line: Commencing at the most Easterly corner of said Lot 6;
thence Northwesterly along the Northeasterly line of said
Lot 6 a distance of 40 feet to the point of beginning of
line to be described; thence Southwesterly paral!?I witli the
Southeasterly line of said Lot 6 to the Southwesterly line
of said Lot 6 and said line there terminating, and that part
of Lot 9, North Shore Cottage Acres, Lake Minnetonka, des-
cribed as follows: Commencing at the Northwest corner of
said Lot 9; thence South along Westerly line 25 feet; thence
at an angle Southeasterly parallel with Northeasterly line
25 feet; thence at right angles Northeasterly parallel with
Westerly line 25 feet to 'northeasterly line also being the
County Road; thence Norl:hwestly to point of beginning,
(hereinafter "property"); Gnd
WHEREAS, the applicant has applied to the City for a
va i.ance to Municipal Zoning Code Section 10.23, Subdivision 6
('I) permit the construction of a principal re6idence 30.8 feet
fr uhe rear lot line instead of the required 50 feet requiring
approval of a 19.2 setback var _ance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #930.
2. The property is located in the LR-1A, Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on 'tinr- 17, 1985, and recommended approval of the proposed
�- iance based upon the following findings:
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1792
A) The contigu-aus dry buildable area or Luilding
envelope is less than 1/2 acre but subje t�.) two acre
developement standards. The lot does me,z p0# of the
required lot area for 1/2 acre zoning distr:
The majority of the lot area consists of a 3 Nc,re
w-tlands that serves as a retention area l
surrounding neighborhood.
C) Sewer service was approved for *he property ir. 1980
and the same codes are in affect :..)i -:!is review
D) The propos, house is consistant with older
developed lots c:_ ..orth side of road where majority cf
lots also have Extensive e-clands and restricted
building envelopes.
E) An error was made in the original resolution ap-
proving sewer for the site bez;-use the area cal-
culations were incorrect and the code would have deemed
the lot unbuildable.
F) Most affected ow-ier finds no problem with location
of proposed structure from shared lot line.
4. The City Council has considered this application
including the findinq,s and recommendations of the Orono
staff and the effect of the proposed variance on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
this property are peca liar 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 o-- (i:her dan( to
neighboring property; would not mc ;.y serve a
convenience to the ap.:%! Ac�;.nt, but is necc: s-_: :c alleviate
a demonstrable hardship or difficilty; is ne essary to pre-
serve a substantial property right of the 'nplicant; and
would be in keeping with the s^;.nit and intr: of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER Arm CONDITIONS
Based u,,on the above fine: , the Orono Citty Council
hereby grants a =variance to the Muni L)a l Zoning Code Section
10.23, Subdivi. 6 (B) approving a 19.2 se''-1,ack variance to
permit the cons!- c;i-ion of a principal residence 30.8 feet from
the rear lot line instead of the required 50 feet subject to the
following conditions:
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City of OR,ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1792
1. Prior to any land alteration or construction on the
site, the builder must provide erosion control along the
edge of the wetland.; for staff inspection and approval.
2. Authorities granted by this variance run with the pro-
perty not with the appl-cant, 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 (September 26, 1986).
3. violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted here:.n, and shall be punishable as a misdemeanor.
4. The undersigned applicant and owners have read, under-
stood and hereby agree to the terms of this resolution and
on behalf of himself, his heirs, successors and assigns,
hereby agrees to the rec;rding of this resolution in the
chain of title of the prof erty.
Adopted by the Oronc. City Council on this23rd day of
September, 1985.
Al. TST:
thy allin, a.ty Clerk
*_*J�Prop'erty Owner
Pr perty �(wne
I-- - C / I1'7 -
Mary C. Butler, Mayor
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ' 792
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ? -; iy of Sep,-i-r�t3t.� , 1985
before me a Notary Public 'thin and for said county, personally
appeared Al jl Tim-�.: )� ('F G�: -L ✓nvtc �cu
known to me to be
the persons) described and who exeed the foregoing
instrument, and acknowledge that he (they) executed the same as
his (their) free act and de( .
GAFF soiA
���+ M HAEL pC. MINNESOTAr '
_ , NpTAi1YPU� OTARY PUBLIC
s HENNEPIN COUNTY
Comm,sjonERDlresJur,ott,
1AY
tj/-,- //, /%C7
Y COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this % y4-t- day of - rP/v74,/SCYZ 1985, before me
a Notary Public within and fc said County, personally appeared
!.'�,•t�t i, ��_ (f". Spnv,L <<�P c>. L �� r >� 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.
MICHAE C'MNNP° ROTARY FUBLIC
•• 7ApY ru LINTY
y �� �ENNEPEND1GOunett,,gn1
MY COMMISSION EXPIRES
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