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HomeMy WebLinkAbout#1811 Recorded Resolution 3300U. S, OFFICES : DENVER, COLORADO TEL 303-893·1200 MIAMI, FLORIDA TEL 305-530 ·0050 WASHINGTON , 0 .C . TEL 202·962·8700 POPHAM HAIK SCHNOBRICH & KAUFMAN , LTD. SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 TEL 612-333-4800 FAX 612·334-8888 CAROL HASTINGS DIRECT DIAL (612) 334-2533 August 12, 1993 INTERNATIONAL OFFICES: LEIPZIG , GERMANY TEL 01137-41-4918471 STUTTGART, GERMANY TEL 01149-711 ·296303 Ms. Jeanne Mabusth City of Orono 2eer 9 i: ~nv P.O. Box 66 Crystal Bay, MN 55356 Dear Jeanne: The following resolutions were recorded on your behalf in Hennepin County: Resolution 3274 (1810-DeNero), 8/11/93 (Torrens -no number available). Resolution 3300 (1 8 11 -Remien), 8/11/93 (Torrens -no number available). Resolution 3296 (1831-Engler), 8/11/93 (Torrens -no number available). Resolution 3302 (1830-Oorlog), 8/9/93, Document No . 6129893. Resolution 3305 (1837-Fredrickson), 8/9/93, Document No. 6130011. Resolution 3303 (1833-Elsen), 8/9/93, Document No. 6130012. Resolution 3289 (1827-Nelson), 8/9/93, Document No. 6129895. Resolution 3189 (1761-Hunsley), 8/11/93 (Torrens -no number available). Resolution 3276 (1814-Berthiaume), 8/11/93 (Torrens -no number available). Resolution 3287 (1822-Prueter), 8/11/93 (Torrens -no number available). Resolution 3295 (1826-Henson), 8/10/93, Document No. 6130484; Easement, Document No. 6130485. I am enclosing three original resolutions which were filed in your behalf: Resolution 3231 (1791-Bichanich), 7/2/93, Document No. 6110402. Resolution 3285 (1828-Tully/Chalgren), 6/23/93, Document No. 6103111. Resolution 3288 (1824-Liljequist), 7/9/93, Document No. 6113007. 487122014939 8/12193 . , CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 ~ ,0 ti -:1 . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDMSION 6 (B) FILE NO. 1811 \\'HEREAS, C. Jack Remien (hereinafter "the applicant") is the owner of the property located at 3237 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Lot 18, Spring Park, also all the land including the· vacated highway, Lake Shore Drive; lying between the Northeasterly line of said lot and the shore of Lake MinnetoDY-.a and between the Northwesterly and Southeasterly lies of said Lot 18 extended Northeasterly to said lake shore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Spring Park (hereinafter "the property"); and \VHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property that is 16,748 ;quare feet in area or 77% of the minimum area required of 21,780 square feet or half acre and the width of the property is 55 feet or 55 % of the required 100 feet of lot width. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1811. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous Lots 16 and 17, Spring Park prior to 1967 through 1977. Lots 16 and 17 are now legally combined. The property is now in common ownership with Lot 19. 4. Section 10.03, Subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regulation, prpvided a lot of record meets 80 % of the required lot area and lot width and has municipal sewer available. Page 1 of~ 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No 3 ~ ''! C1 {,J . . .~ . .,, -./ ..., . 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the requirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a policy change to permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77 % of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures·55 feet in lot width, identical in width to two neighboring developed lots but narrower than the majority of lots in the 33 lot Casco Circle neighborhood. 9. The Orono Planning Commission reviewed this application on April 19, 1993 and on a vote of 3-2 recommended approval of the variances as proposed based upon the following findings: A. No available land -lots are developed on both sides of property. B. Sewer and water are available to the property. C. A house and improvements can be constructed without the need for additional variances. D. By granting this variance there will be no negative effect on the public health, safety and welfare. E. By granting this variance it is consistent with the development of the area. F. By granting this variance there should be no need for future hardcover and setback variances. Page 2 of 6 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO, .3 ~~ ,.\ ,.-~ .,o G. The special conditions applying to the parcel of land in question are peculiar to such property or immediately adjoining property. H. The conditions do not apply generally to other land or structures in the district in which said land is located. I. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J. The granting of the proposed variances will not in anyway impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. K. That the granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27, 1984, January 13, 1986 and February 9, 1987, and the findings stated in those approval resolutions (No's. 1607, 1904 and 2123 respectively) were acceptable at the time they were adopted and are still valid. 11. A public hearing was held pursuant to proper legal notice by the Planning Commission on April 19, 1993 at which time all parties wishing to speak regarding the application were heard. Further, at City Council meetings on May 24, June 14 and June 28, 1993 all persons present wishing to comment on the mauer were heard, and their comments are a matter of record in the official City Council minutes. Further, the City Council in reaching its decision has taken into account wriuen submittals by the applicant, applicant's neighbors, the attorneys for the applicant and applicant's neighbors, and other parties with interest in the matter. 12. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and other parties and the effect of the proposed variance on the health, safety and welfare of the community. Page 3 of p 7 Ft1111SOOSDiaO.. CITY of ORONO RESOLUTION OF THE CITY COUNCIL '3 ,;) NO. .-J 13. The City Council finds that the property cannot be put to a reasonable use unless the variance is granted, · and that use of the property as additional yard is not a reasonable use given applicant's reliance when he purchased the property that it constituted a buildable lot as evidenced by three prior variance approvals. The City Council finds that the applicant's situation is due to unique circumstances not created by the landowner, and that applicant's purchase of the property while applicant owned the adjacent developed lot does not place applicant in the position of being required to adhere to a higher standard of review as compared to an owner of the property who does not own adjacent developed land. Further, the Council finds that there are other similar sized fots in the locality that have been developed, that development of the property will be required to adhere to the same setback standards that apply to other properties in the area, and that construction of a single family residence on the property will not alter the essential character of the locality. 14. 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 variances 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. 15. On June 28, 1993 the City Council on a vote of 3 ayes and 2 nays granted conceptual approval for the variance request and directed staff to draft a resolution of approval. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (1/2 acre) and with a lot width of 55 feet or 55 % of the required 100 feet of lot width, subject to the following conditions: 1. The detached garage located within the right-of-way of Casco Circle is a non­ conforming structure and subject to all p_ertinent municipal ordinances for non­ conforming structures. Page 4 of (1 7 fomi50050isi0r,o, CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 0 ,-, ~ NO. cv ~~ .. :, .1 :l ! 2. The only variances granted with this approval are lot area and lot width. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 4. Applicant shall pay the appropriate water unit charge and sewer connection fees at the time that the building permit is issued. 5. The property owner shall bear all costs of connection to the municipal sewer and water, including the installation of new stubs to serve the property, if required. 6. An easement must be granted in favor of 3241 Casco Circle over the portion of the sewer line which lies within the subject property, 3237 Casco Circle. The easement area must be of sufficient size to allow maintenance of the sewer line. 7. Side, street, and lakeshore setbacks are approved per the attached survey (Exhibit A). 8. As part of the normal building permit procedure, applicant shall provide a grading and drainage plan for the property. 9. 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 (July 12, 1994). · 10. 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 herein, and shall be punishable as a misdemeanor. 11. 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. Page 5 of f5 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 R ;,-, (', . , Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of July, 1993. STATE OF MINNESOTA ) ) ss. COUNTY OF·HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of July, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . ® CAROlEA. HASEMAN NOT ARY ~ESOTA HENNEPIN COUNlY MY COMMISSION EXPIRES s-23-95 Notary Public 7 Page 6 of ~ ·.7 STATE OF MINNESOTA.) ) ss. COUI\'TY OF HENNEPIN) CITY of ORONO RESOLUTION OF~ CITY COUNCIL I~ t5 u V NO. ______ _ On this / 9 +t----. day of (),,._J .. L-..-. , 199 ~ before me a Notary Pub I ic within and for said county, persona~d C . ~ ~ /hLti ;-..A..-~ .. known to me to be the petson(s) described in a~d who executed -----------the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUHTY My Comm. Expires 12-1M7 ST A TE OF MINN ES OT A ) ) ss. COUNTY OF HENNEPIN ) NOT PUBLIC On this _______ day of __________ , 199_ before me a Notary Public within and for said county, personally appeared _ __:_ ____________ _ ___________ 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. NOTARY PUBLIC Page 7. of 7 . --- (} () Scnla 1 D,~ 0 ' ,o l 11 :: /,0' 6-17-nJ I r-o 11 ""' r It 1• r EXHIBIT A '"'.'.:> .-, .-RESoillrION ID. V ···_.'_, ~: .... ~, -- /.' /'? 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