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Home My WebLink AboutResolution 1607 . r` ., . ,e/ls � • . Cit� o� ORONO . � � ' RESOLUTION OF THE CITY COUNCIL � � NO. 1607 • � • • GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 34.552 - FILE 76I Whereas, Douglas H. Smith (hereafter "applicant" ) is the owner of a property located at 3237 Casco Circle within the City of Orono (hereafter "City") and legally described as follows: � Lot 18, Spring Park, aiso aIl the land including the vacated highway, Lake Shore Drive , lying between the Northeasterly line of said lot and �the shore of Lake Minnetonka and between �• , . the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to sa�id 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, (hereafter "property") ; and �� [nihereas, the applicant has applied to the City for variances to municipal zoning code section 34. 552 to permit the construction of a new residence on a property that is 15 ,748 square feet in area or 7?$ 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 19PJ feet of lot � width. � Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : FINDINGS - 1 . This application was reviewed as zoning file No . 761 . � 2. The property is located ir� the LR-1C 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 when the applicant purchased the property. Lots 15 and 17 are now legally combined . 4. Section 31. 2H2 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, . provided a lot of record meets 8Q� of the required lot area r and lot width. . � ..- 5. The City Council has always required that when two or more lots are owned in common, each lot must individually � . t� ' . � . - Clt� o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � NO. 1607 � • � • • . 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 huilt upon. y. Upon completion of a 5 month City wide review of the common .ownership issue, on December 19, 1983 , the City approved a proposed amendment of the municipal code that would 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 devel.oped lots within a total deve�loped neighborhood of 33 lots. • 8 . The property measures 55 feet in iot width and is approximately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 6� feet. • 9. The Orono Planning Commission reviewed this application on October 14, 1983, and a majority of its members 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) The property is served with sewer and water . c) The proposed house and improvements can be constructed without the need for additional variances. ,d) Applicant purchased property not knowing the existing ordinance limitations on development of the property. e) Variance is being granted despite the current ordinance � demands because Planning Commission anticipates resolu- tion and amendment of the ordiriance. . f) By granting this variance there wi71 be no negative effect on the public health , safety and welfare. � � g) By granting this variance it is consistent with the development of the area . . � � � � . Cit� of ORONO . � � � . RESOLUTION OF THE CITY COUNCIL � ' NO. 1607 • � • • h). By granting this variance there should be no need for future hardcover and setback variances . � i) The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. j) The conditions do not apply generally to other land or structures in the district in which said Iand is Iocated . k) The granting of the application is necessary for the � preservation and enjoyment of a substantial property right of the applicant. • 1) 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. � • m) 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. The minority opinion of the Planning Commission in theirrecommendation stated thatthey would have no problem in recommending approval of the proposed variance application if the common ownership issue was resolved by the City and the necessary amendment of the ordinance . . � , approved . - � � . lI . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the propo�ed variance on the health, safety and welfare of the community. 12. The City Council finds that the conditions existing on this property are peculiar to it and do not apply. generally to other p.roperty in this zonincj district: that granting � � the variances woul"d not adversely effect traffic conditions, light, air nor pose a fire hazard or other • danger to neighboring property; would no,t merely serve as a convenience to the owner , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to . ' preserve a substantial property right of the owner ; and � would be in keeping with the spirit and intent of the zoning . code and comprehensive� plan of the City. h . � � : ' • . c�t� o� oR,oNo : � � RESOLUTION OF THE CITY COUNCIL � NO. 1607 ' � - � � , . CONCLUSIONS, ORDER AND CONDITIONS ' Based upon the above findings, the Orono City Council hereby grants variances to Zoning Ordinance Section 34. 552 to permit the construction of a. new resi.dence on a property 16,748 square feet in area or 77� o£ the required 21 ,7$p square feet (1/2 acre) and w'ith a lot width of 55 feet or 55� of the required 109 feet of lot width subject to the following conditions: ' l . The detached garage located within the right of way of Casco Circle is a nonconforming structure and subject to all � pertinent municipal ordinances for nonconforming . structures. � 2. No other variances are granted or permitted for this structure. . 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 may not approve any improvement to the property that requires a variance. 4 . Authorities granted by this variance run with the property not with the owner , 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 (February 27, I985) . � 5. Violation of or noncompliance with any of the terms and conditionsof thisvariance shallconstitute aviolation of the zoning code, shall automatically terminate any authority granted herein, and sha�ll be punishable as a misdemeanor . � � 6. The undersigned owner 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. . � � 4 . . � � � Clt� of ORONO � � � - RESOLUTION OF THE CITY COUNCIL � NO. 1607 • • � • Adopted by the Orono City Council on this 27th day of February, 1984 . ATTEST: CITY OF ORONO �� -��- _ _� ,�,.f City Clerk �-��-,-� Mayor � _ r� Thomas Frahm, Acting Mayor ( � Prope t ^Owner (s) ^ ^^- ` (2) Property Owner (s) -- �" • . (3? Property Owners (s) �` �` � STATE OF MINNESOTA ) ) ' COUNTY OF HENNEPIN ) , On this �5 day of� i��h�, ' , 19�_, before me a Notar Public within and for said County, personally appeared ��L,C�� k no wn to me to be t e 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 . ' ��Mnr�n+'M/`/�`/v"vvvuwWi�'v�vvvvWv•,, � '�, ^�� > ,�-�•� CINDY L ZiPIDA ��'�� ,� NOTARY PUBLIC-MINNESOTA N OTARY P B L I C 5�� `k�.,, HENNEPIN COUNTY ' � My Commission ExpiresJan.19,1990 % C . ' MY COMMISSI�O�—EXP�IRES�� ,1. i • `► . . . � • � � Cit� o� ORONO . � � RESOLUTION OF THE CITY COUNCIL � NO. 1607 • � • • , STATE OF MINNESOTA } ) COUNTY OF HENNEPIN ) On this day of , 19 , 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 � � ' MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) COUNTY O�F HENNEPIN' ) On thi s day of , 19 , before me a Notary Publ.ic 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 MY COMMISSION EXPIRES