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Home My WebLink AboutResolution 3252 . , ._ . :. � O� O .. - O CITY of ORONO r� �� ;��'=� RESOLUTION OF THE CITY COUNCIL � `' �.. "'�" ��?t ,� b�� , iv � :� "V'�3 �,�� .. -�, �ti 3 � � � `9kE38�g'� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.56, SUBDIVI5ION 16 (C-1) AND (L-1 AND 2) FILE NO. 1792 ' WHEREAS, Donald R. Gronberg (hereinafter "the applicant") is the owner of the properry located at 110 Leaf Street within the City of Orono and legally described as follows: . Tract B, Registered Land Survey No. 744, Files of Registrar of Titles, County of Hennepin, Minnesota (hereinafter "the property"); and . WHEREAS, the applicant has applied=to the City for variances to iVlunicipal Zoning Code Sections 10.28, Subdivision 5 (B) and Section 10.56, 5ubdivision 16 (C-1) and (L- • 1 and 2) to permit the construction of a residence on a property that contains 30,390 s.f. or .69 acres where 87,120 s.f. or 2 acres is required. The structure shall be located 20' from the north side lot line where 30' is required, 46' from the street/front lot line where a 50' setback is required and 67' from the protected tributary where.a 75' setback is required. The approved comprehensive improvement�plan will result in 275 s.f. or 1.7% hardcover within the 0-75' setback area where none is allowed and 4,310 s.f. or 30.37% where only 4,050 s.f. or 25% is allowed. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #1792. '2. The property is located in the RR-1B Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 19, 1993 and recommended approval of the proposed variances based upon the following findings: • Page 1 of 6 . ' ' . . . . Fam5005 MskOrono . � °� . � � Q CITY of ORONO • � � :;�=� RESOLUTION OF THE CITY COUNCIL r� ��'l D+ r�`, � °� .�"� �, N . � .�: v:e �Wl`� Y ��9 ,��,G~ � � � �' �E380 A. Area Variance. The findings are as follows: 1) The property is a vacant lot containing approximately .69 acres of contiguous dry buildable land exclusive .of roadways and pond � � areas. 2) The lot was created as part of RLS No. 744 in March 1958, and met the 25,000 s.f./120' area and width standards then in effect. 3) Ordinance No. 22, adopted 10/12/59, established a minimum building lot size of one acre and 140' minimum width at the building line. That Code allowed the City Council to grant variances for substandard lots in single separate ownership. 4) The property continued its status as a substandard lot with the • 1967 rezoning to R-1C, one acre single family residential. 5) The lot became even more substandard when the area was rezoned to RR-1B in 1975, requiring two acres and 200' width. 6) Prior to 1975, substandard lots of similar size and character were granted building pemuts for construction of single family residences without variance approval in the Cygnet/Leaf neighborhood in which the property is located. 7) Lot area and width variances were granted for similarly situated lots in the Cygnet/Leaf neighborhood after the 1975 rezoning to two acre lot standards. - 8) The property has been in single separate ownership by the current ' owner since 1959. 9) On November 9, 1992 the City agreed to reduce the principal amount of an$18,880 sewer assessment finding the assessment an unfair burden to the properry owner on the basis that as a lot in single separate ownership, it likely would have been allowed to be • Pa e2of6 g � � � , . Fam5W5 DiskOrono � ��' ITY f O : O C o ORONO • ��'�� RESOLUTION OF TH�E CITY COUNCIL '� '1�' �j ::�, D" NO. •� � � '�` ttiN `�+,� , �' Gti,�' � � �,� �`�k'EsSOg'� - developed with a single family residence as recently as six months prior to adoption of the assessment roll, and therefore the benefit to the properry is no greater than the $11,400 benefit to other developed lots in the neighborhood. . B. . Tributary setback and hardcover variance within the 0-75' and 75-250' setback areas. The findings are as follows: � 1) Environmental regulations have gradually reduced the potential building area of the lot. Ordinance No. 63 in April 1964 excluded wetlands from the dry buildable area calculation. Ordinance No. 179 adopted in � September 1975 required a 26' structure setback from the.pond. The Shoreland Regulations_adopted in 1992 required a 75' structural setback from the pond if the lot is sewe'red, 100' if it is not sewered. • 2) Until the City Council adopted the Shoreland Regulations in February 1992, a house could have been constructed on the property meeting all state septic system design and setback requirements and would have met all Orono zoning code requirements except for lot standard requirements. 3) Level of pond or adjacent tributary is determined by the existence and maintenance of dam that was specifically designed for the purpose of creating a ponding area. � 4) Current proposal will minimize need for excavation and will take advanta.ge of exist'ing contours. 5) Increase runoff from the proposed construction will not run directly into the pond but drain first to west along grassed route that eventually would reach the pond. � 6) The property consists of unique topographic features that include the creek that intersects along the east side of the property creating a dry buildable island to the east side of creek. • Page 3 of 6 � � � . Fam 5005 Disk Oram � � � O� O .. O CITY of ORONO • � � �:ei=� RESOLUTION OF THE CITY COUNCIL � �� '�.'.:. �v _ � ;,� �' -� -�1 �, � � b;� ti N�-��►�' `� Y �'�9� ,¢.�,G~ �� 2 � � ESI;� 4. 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 properry; 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 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 communiry. CONCLU�IONS, ORDER AND CONDITIONS • Based upon one or more of the fmdings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.56, Subdivision 16 (C-1) and (L-1 and 2) to permit the construction of a new residence on the property requiring a 56,730 s.f. or 65% area variance, 4' or 4% street setback variance, 10' or 33.3% north side setback variance and an 8'�or 10.6% tributary setback variance. The comprehensive improvements will also require a 1.7% hardcover variance within the 0-75' setback area and a 5.37% hardcover variance within the 75-250' setback area. 1�. Based on a prior agreement with the City of Orono, applicant shall grant a.road and utility easement at a 25' width for Leaf Street and a 10' wide drainage and utility easement to the east side of the newly defined street lot line. These easements must be fully executed and in a form suitable for filing and submitted � to the Ciry at the time of the filing of the building permit application for new construction. 2. Authorities granted by this resolution run with the properry 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 (March 22, 1994). � Page 4 of 6 � . . . Fam5005 askO�Ono � ��' � ITY f O :. O C o ORONO • ' �:a:=� RESOLUTION OF THE CITY COUNCIL . A�:� ,3 � ,� � ,, �� , NO.`e�� '�'� Y � �.�9� Og,�,G � � � � ESfI 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 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of March, 1993. . AT ST: - � ; • _ / �� _ Dorothy M lin, City Clerk ward J. Call , 7r., Mayor roperty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 22nd day of March, 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. � CAROi.E a. �asE� Notary Public NO7ARY PUBLKS-MIDWESOTA • � 1 HENNEPIN COUNTY MY CAMNISSIOfV EXPIRES 8-23�96 Page 5 of 6 . . � Fam5W5 DiskOrvm t ` 1 � � O� O :. . Q CITY of ORONO � " � ;b�-' RESOLUTION OF THE CITY COUNCIL r� �� ' � `'� � � � -� �, N0. r-d �: '�1� � � � ��, . : ti � � � �' G G� ��kEsKOg'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) _ On this � �`�' day of, 199 3 before e a Notary Pu lic within and for said county,personally appeared d �� ,�,�,Q,�.�,�,� known to me to be the person(s) described in and who execu ed the foregoing instrument, and acl�owledged that he (they) executed the same as his (their) free act and deed. . N ��i • — • �(�qf'�/ /W�/ JAMIE L.BOSMA �^' '` '• NOTARY PUBLIC-MINNESOTA NO PUBLIC • • • : HENNEPIN COUNTI' S�IMM� My Comm.Expires 12-19-97 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 . Page 6 of 6 • . . Form 5005 IXsk Orono