HomeMy WebLinkAboutResolution 3428 . u =i '.t . . � .
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� �' CITY of ORONO
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• ���,�.� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE �
TO MiJNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C)
FILE NO. 1916
WHEREAS, Irwin and Alex 7acobs (hereinafter "the applicants") are the owners
of the property located at 1700 Shoreline Drive within the City of Orono (hereinafter "the City")
and legally described as follows:
refer to Exhibit A (hereinafter "the property"); and
- WHEREAS, the applicant has filed for an after-the-fact variance application with
the City of Orono per Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow a .
guardhouse at 160 s.f. requiring a variance to the allowed total area of accessory structures on
the property proposed at 10,793 s.f. where only 6,000 s.f. in area is allowed and where 10,633
• s.f. exist.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1916.
2. The property is located in the LR-lA Lakeshore Residential Zoning District
. requiring two acres in area: The property consists of a total of 33 acres with 24
acres of dry buildable.
3. The Orono Planning Commission reviewed this application on April 18, 1994 and
recommended approval of the after-the-fact variance to Section 10.03, Subdivision
9 (C), based upon the following unique findings and hardships:
- � •- . • •- � A. - The current.accessory structuze_ordinance does not provide,standards for
an estate use. Such use does require special consideration.
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B. In September of 1993, the City approved a sunilar variance allowing total
area of accessory structures on the properry at 10,633 s.f. where 10,982.8
s.f. had existed. The current application proposes total accessory
structure area at 10,793 s.f.
C. The applicant had advised the City in the fall of 1993 of the inunediate
need to install a sophisticated security system on this properry involving
installation of a guardhouse at a strategic location to the entrance.
D. The City of Orono's police records reveal several instances involving
intruders on the property, property damage and other instances that must
remain confidential but are of record at the Orono Police Department.
E. Municipal ordinances of the City do not provide for an abbreviated review
for such emergency situations that would have allowed the City to issue
• a building permit to expedite construction of the guardhouse. .
F. The City Council and the Orono Building and Zoning staff were made
aware of this entire matter in the fall of 1993, prior to the installation of
the guardhouse.
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other properry 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.
5. 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 the effect of..the proposed variance on the health, safety,and __
� welfare of the community.
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the fmdings noted above, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) approving
an after-the-fact variance to the allowed total area of accessory structures on the property of
4,793 s.f. or 79.8% (allowed 6,000 s.f.; proposed 10,793 s.f.), subject to the following
conditions: �
1. Applicant or applicant's contractor shall be responsible for obtaining a building
permit subject to after-the-fact penalty fees.
2. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within ten days of the date of Council approval, or the special
• conditions of this resolution will expire on that date (June 6, 1994).
3. 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. �
4. 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 of Orono, Minnesota at a regular meeting
held on the 23rd day of May, 1994.
A ST:
Dorothy M' H llin, C' • lerk Edward J. Callah , Jr., Mayor
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Prope�y�Owner (�)�
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STATE OF MINNESOTA )
- � ) ss.
� COUNTY OF HENNEPIN ) �
' The foregoing instn�ment was acknowledged before me on this 9th day of May,
1994 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. �
- LINDA S. VEE n �
NOTARY PUBLIC - MINNESOTA /
HENNEPIN COUNTY �� �Q,�
My commisslon e�cpires 8-12�88
� Notary Public
STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIN )
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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of�'c.�.n� , 199�before me a Notary Public within
and for said county,personally appeared �'r cv�r� �cz-cobS
known to me to be the person(s) described in and who executed the foregoing instrument,and
' t � "'° � acknowledged that he�(they) executed the same-as�his-(their) free�=act-and deed.. . -.�- ---� - .
, ;�r� "
� `:' '''� ROSEMARY SHANKS
'�NOTARY PUBLIC—MIINNESOTA
• � SCOn COUt�inr . NOTARY PUB �C
°�y Cwnmissian Expires July 22,1995
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EXHIBIT A
mhat part ot Governnent Lots 1 and 2 in Section 10 , in
Township 117 of Range 23 wnicn is described as follows , to wit:
seginning at a point 6 cn�ins west of Lhe meander post in the
southeast corner of said Lo� 2 in said Sect?on 10 ; the th�ee
running north 20 chains nor° or less, to the shore of P.ound r �
so-called; thence alonc and arou.nd the westerly and nortnerly
shore of said Lake to the neander corner 1 n aid To nship eand
said Lake and between Sec�ion 10 and 1
Range; tnence north on ,the section line betwe�n said Section 10
� and 11 to the soutnerly line of �he righ�.-oi-way of the
Minnetonka Branciz of the Great Northern RaiZway thence south-
westerly along said southeTly line of said rignt-of-way to `ne
point of the intersection o= said southerly line of tne said
right-of-way with the west line of said Lot 1; tnence turning and
running in a straight line in a southeas�arly direction 6�4. 8
feet, more or less to a point which is 236.8 �eet east of the
west l�ne o= said Lo� 2 and at the same time 304 feet sou�.h of
the nor�h line of said Lo.� 2 ; thence, south on a line �pa=allel
�eet east from the wes� line of said Lot
with and distant 23 6. 8 -
2 , 1 , 016 fee� more or . less , to the nortn shore o= Lake
Minnetonka; thence easterly along the said snore of said Lake
Mi.nnetonka to the place of beginning. according to ,�ne government
survey thereof; and
Lot 2, Block 1, Mills�on, all in Hennepin County, Minnesota.
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