HomeMy WebLinkAboutResolution 1711 ' ?
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. A RESOLUTION DENYING VARIANCES
TO MUNICIPAL ZONING CODE SECTION 16.24 SUBDIVISION 5—B
. FILE �82P!
WHEREAS , the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota;
and
. WHEREAS , pursuant to State Statutes ' 412 et. seq. and
462 et seq. the City Council of the City of Orono has adopted'
zoning regulations for the protection of the public, health
safety and general welfare; and
• WHEREAS , Lonie Fisk (hereinafter "the applicant") has
an interest in the pronerty legally described as Lots 7 and 8,
Block 2, Minnetonka Summit Park (hereinafter property) within the
City of Orono (hereinafter "the City") ; and
WHEREAS , the anplicant has applied to the City for
variances to Municipal Zoning Code Section 1�1.24 5, (B) to permit
the construction of a principal structure on a property that
contains 1�1,761.92 sf or 25% of the required 43,56fd sf in area
and 125 feet or 9f6% of the required 1401 feet of lot width; and
WHEREAS, the City Council has reviewed the application; .
the recommendations of the staff and Planning Commission; the
comments and written statements submitted by� the neighbors and
their attorney; the comments and written statements of the
agplicant and applicant' s attorney,
NOW, THEREFORE, BE IT RESOLVED, that the City Counci 1
of the City of Orono hereby denies the requested lot area and lot
width variances for the property described above based upon one
or more of the following findings of fact concerning this
property: '
FINDINGS
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1. As of January 1, 1975, the property has been zoned LR- 1B,
Lakeshore Residential Zoning District, requiring a minimum
of 1 acre in area and 1401 feet minimum width. Based on the
zoning district's required performance standards, the proposed
use of the property as a residential or buildable lot would
require the following variances:
a) Lot Area � .
� � � required = 1 acre or 43 , 56� sf .
existing = 1P1,761".92 sf or 25%
� variance. = 32 ,798 .�l8 sf or 750
� b) Lot width
required = 140 feet
' existing = 125 feet
variance = 15 ' or 1FJ%
2. Prior to 1975, the property. was zoned R- 1C, effective since
September 14, 1967, a residential zone requiring a minimum
of 1 acre in area and 140 feet minimum width.
3. Per the assessment policy of the 73- 1 sewer `district,
and the performance standards of the R- 1C district Lots 7
and 8 were each assessed a 1/4 unit. Five other vacant, sub-
standard lots within Block 2 of the Minnetonka Summit Park plat
were also assessed a 1/4 unit each.
4. From 1965 through 1974 Premier Realty was the fee owner �of
the property. A cabin or residence constructed sometime in
the early 19410' s was rented up to the mid 19601 ' s.
5. In 1974, Home Federal Savings and Loan foreclosed on the
mortgage and the real estate taxes remained unpaid on the
property. The residential structure fell into disrepair and as a
result of a hazardous building action commenced by the City in
1976, the structure was razed in that same year.
• 6. In 1977, Home Federal Savings and Loan fi led a lot area and
lot width variance application with the City to construct a new
residence on the site. The application was denied based on the
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. following findings:
a) the lots were "too substandard"
b) therewere vacant, contiguous lots avai lable for combination
c)advised applicant of the City's assessing policy in 1973
for this neighborhood which was to have these substanc3ard
lots combined per current zoning standards.
7. The lots were forfeited to the State Land Department in 1981.
8. On January ll , 1982 , the City adopted Resolution 1354 ,
releasing the two lots for public sale with the following notice
to the public:
• "Release of these lands by the City Council does not constitute
an assurance that� each parcel is or will be approved as a
building site. All parcels remain subject to all applicable
zoning ordinance provisions , including those regulations
, providing for minimum lot area and minimum lot width.
Substandard parcels may be useable only in combination with other
adjoining parcel (s) and/or may be subject to prior approval of
zoning variances by .the City Council. "
9. On August 22, 1984, Curtis Fisk of 401 Lakeview Avenue, Tonka
Bay, MN 55331 purchased the two lots for a combined price of
$7,21P1.041, Lot 7 at $4, 120.�4! and Lot 8 at $3,0941.�JfQ. Hennepin
County Department of Property Taxation conditions all sales of
properties either at public auction or over the counter with the
following disclaimer:
CONDITIONS - Sales are subject to existing leases, to building
restrictions appearing of record at the time of forfeiture and to
easements obtained by any governmental subdivision or agency
thereof for any public purpose. The appraised value does not
represent a basis for future taxes. Contact the city where the
land is located for details of building codes or zoning laws.
ALL PROPERTY IS SOLD "AS � IS" AND MAY NOT CONFORM TO LOCAL
BUILDING AND ZONING ORDINANGES. THE COUNTY MAKES NO WARRANTY
• THAT THE LAND IS 'BUILDABLE`. ALL SALES ARE FINAL, AND NO
REFUNDS OR EXCHANGES ARE PERMITTED. "
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141. On February 27 , 1984 , Lonie Fisk of 723 Water Street,Apt.
1�3, Excelsior, MN 55331 and son of Curtis Fisk applied for a
lot area and lot width variance.
11. In a sworn affidavit and in oral comments made before the
Planning Commission and Council of the City, the applicant has .
sworn "That, prior to purchasing the property, I had no notice
. that there might be zoning defects relating �to the property.
.That I checked with an officia� of the City, who did not inform
me that there were zoning defects with respect to the property."
Applicant has produced no other evidence regarding the identity
. of the official to the alleged conversation.
12. At the Council meeting of October 29, 1984, staff advised the
Council that both the Zoning Administrator and the Building
Official had worked with Curtis Fisk on two previous zoning
application reviews. The two most likely officials of the City
to receive such calls were never questioned by Lonie Fisk or
Curtis Eisk as to the buildability of the combined lots .
13. The current pattern of development for the Minnetonka Summit
Park plat per the LR-1B Zoning District Standards effective
January 1, 1975, have been as follows:
a) 1974 - combination of 4 lots - total area .86 acres
b) 1976 - combination of 3 lots - total area . 59 acres
c) 1979 - combination of 2 lots - total area. 59 acres
d) 1979 - combination of 4 lots - total area .79 acres
e) 1981 - combination of 5 lots - total area .62 acres
f) 1983 - combination of 6 lots - total area .89 acres
g) 1983 - combination of 2 lots - total area .52 acres
14. The applicant contends the City will deny him equal treatment
• and protection under the law if we deny him a building permit
because the City has approved building permits for lots requiring
the same degree of variances if not greater than those sought by
applicant. Staff ' s review of the City' s past actions on
• variances granted for the substandard, sewered lots reflects the
following:
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a) #8012, John Munsell - LR- 1B 1 acre variance area, 14Plfeet �
width; proposed area 141,PlPIf� sf or 23�, proposed lot width 50 feet
or 36�. Merton Crooker, fee owner of the property for over 3�1
years maintained a summer cabin that lacked sanitary facilities,
sewer was not available. Crooker applied to the City for
building permits to upgrade the principal structure and was
•' consistently denied on the basis that any improvement would
intensify the use thereby creating potential hazards to the
public health, safety and welfare. The City advised Crooker that
sewer would have to be made available to the property before
� improvements could be made to the structure. On July 13 , 1983 ,
the City approved Resolution 1294 including the Crooker property
in a limited sewer project. Crooker could have connected to
sewer and made the necessary repairs to the exisitng structure
with building permits for no zoning review would have been
required. The cabin remained vacant and was vandalized and was
razed per a hazardous building action. Munsell applied for lot
area and lot width variances to construct a new residence. The
City approved the variances based on many of the findings noted
in Resolution 1294 and in addition advised the applicant to
petition the City for release and private sale of an adjacent lot
of similar size owned by the City. The surrounding neighborhood
(Highwood) is old and already established, the development size
of this lot is consistent with nearby Highwood neighborhood.
b) #8P101 Thomas Burnevik - LR-1C 1/2 acre minimum area, 1041
feet width - proposed area 7 ,50P1 sf or 35�, proposed width 501
feet or 5P!% - Once again unc]er one owner for many years, City
refused improvement of existing cabin until sewer was made
available. The property was included in a limited sewer project
and was assessed a sewer unit in 1983 and a water unit in 1982.
Burnevik had to apply for lot area and lot width variances
because the existing structure was to be removed and a new
residence relocated on the property.
• c) #780 Gerald Bloms'- LR- 1B 1 acre minimum area, 14�1 feet
width - proposed 17 ,960 sf or 39% the lot area is consistent with
all single developed lots in the Forest Arms Country Club
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Addition. All of the 16 lots within this plat have been
developed as single lots - all have been assessed a sewer unit.
d) #658 Steve Coddon - LR-1B 1 acre minimum area, 1401 feet
width - proposed .44 (.05 deeded to City for road.) or 44�, 128
feet or 9.5�. The property was tax forfeit and approved for
release and sale to public by the City. The property was
assessed a sewer unit in the 73-1 sewer project. The lot is the
�� same s i ze as the deve 1 oped 1 ot next door but sma 1 1 er than the
lots more recently platted in the Pirates Cove plat on the north
side of the access road. � .
• e) #808 Gary Nunnally (third renewal variance application) LR-
1C 1/2 acre minimum area, lf�� feet width, proposed 11 ,296 sf or
52%, 5P1 feet width or 501-°s lot area and lot width variance
required to build new residence on substandard lot that already �
had an existing residence connected to sewer. This is an older,
established lakeshore neighborhood, the lot is consistent with
the majority of the developed lots in the surrounding
neighborhood.
f) #731 Charles Hommeyer .- (renewal variance) - LR-1B 1 acre
minimum in area, 14�J feet width - proposed 22,525 sf or 52s, 1f�0
feet or 71�. A residence had existed on the property for over
5g years and the property was assessed for sewer unit in the 73- 1
sewer project. Applicant has an additional 12,504 sf in lot area •
divided from building site by an unimproved dedicated road that
could not be credited but is used as part of developed lot. The
building site is consistent with current pattern of neighborhood
c3evelopment in the Minnetonka Summit Park neighborhood.
g) #607 Robert Bredeson - LR-1B 1 acre minimum area, 14P! feet
width - proposed 23 , 0P1P1 sf or 53�. The property had an
established residence on the property connected to municipal
sewer. The owner wanted to build a new residence and relocate
the new structure on a unique peninsula lot. The lot is larger
in area than the majority of surrounding lots in this older
• established' neighborhood.
h) #664 Steven Posnick - LR- 1C 1/2 acre minimum area, 1PlD1
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RESOLUTION OF THE CITY COUNCIL
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feet in width - proposed 12,870 sf or 49% in area and 5P1 feet or
5�1� - A cabin had existed on the property and was removed in
December of 1971. The lot has been assessed for sewer and has ,
been in single separate ownership for many years. The building
site is consistent with the current pattern of neighborhood
development. All lakeshore lots on Baldur Park Road are
developed single lots as the Posnick lot.
- � 15. On October 29, 1984, at a public hearing on this particular
� issue, the Council requested a legal opinion from the City
Attorney. The City Attorney advised the City Council that after
• review of the relevant Minnesota state case law, as well as case
law from other states provided by attorneys for the applicant and
neighbors, there was no prohibition against a denial of the
variance under these circumstances. The City Attorney further
advised the Council that the guestions presented in this case
have never been addressed by the Minnesota Supreme Court; thus,
the matter is an open question: The City Attorney, however,
further advised the Council that case law from the states of
Illinois and New York upheld denial of variances under facts
similar to this one. Particularly relevant to those court
decisions was the fact that there had. been offers to purchase the
property, which would have protected the landowner from any loss
investment in the land.
16. At that same meeting, the Orono City Council directed staff
to draft a resolution of denial based upon the following findings:
a) The property can be put to a reasonable allowecl use; it can
be combined with the adjacent property; and there is an
outstanding offer to purchase by the adjacent property
owner.
b) The intent of the application is contrary to the letter
and intent of the Orono Comprehensive Plan.
c) The development and/or granting of the variance would set
• an adverse precedent in the City.
d) The applicant/purchaser should have had knowledge of the
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zoning code requirements prior to purchase. Any hardship
seems to be self imposed.
e) This is a tax forfeit property.
f) A total of one-half sewer unit was charged indicating
intent on the part of City that the lot is substandard.
g) No lateral sewer assessment was laid agai�nst this property
thereby again indicating the substandard status of the
property.
• h) The property falls short so far of the zoning standard
that it is too great to enable justification of granting
of the variances requested.
i) The property does not conform to the current development
pattern of the neighborhood.
17. In denying this application, the City upholds its previous
action in denying lot area and lot width variances for the same
property (August 27, 1977, - Home Federal Savings and Loan) in
consideration of the following: •
a) The same performance standards are still in effect today:
LR-1B (effective January 1 , 1974) 1 acre area - 140' .
width
R-1C (effective September 14, 1967) 1 acre - 14P1' width
b) At the direction of the 1977 Council , the applicant was
advised to acquire the vacant lots. An owner of the
adjacent vacant lot appeared at one of the public
meetings and was advised� to contact applicant to arrange a
lot combin�ation. •
c) The property has not been improved and still requires an
excessive area variance. .
• 18. Approval• of an application that requires a 75 per cent
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variance to lot area would establish a negative precedent in the
future development of the Minnetonka Summit Park neighborhood. A
review of the ownership pattern of the .remaining vacant lots
reveals one, two lot combination and three, single lots.
19. The standards and intent of both the City's Zoning Code and
. Community Management Plan would no longer have any effect if the
City establishes a. precedent of approving variances of this
degree. The LR-1B Zoning District alone contains 88 vacant lots,
� 34 or 39% of these fall within 201-4�1 percent of the required
area. The findings cited in each of the variance applications
reviewed in this resolution presented unique circumstances. In
• review of similar criteria, what is unique about Fisk's request
in consideration of the following facts:
a) A previous fee owner failed to amend the variance
application of 1977 and acquire additional lots at the
time they were available.
b) There is no structure on the property. The previous
residence was razed in 1976 and had not been in use since
the mid 196P1 ' s.
c) A two lot building site is not consistent with current.
pattern of neighborhood development. The smallest
building site approved since 1975 totaled .52 acres, but
� that lot had an additional 12,9100 sf of land separated or
divided by an unimproved public road.
d) The property was not assessed a full sewer unit because �
� the property was substandard in 1973 when the sewer
district was established. The intent of the sewer
assessment policy has been stated for the public record -
one quarter unit for each vacant, substandard lot.
. e) The question of the applicant's knowledge of the zoning
� code standards prior to application for a building permit
• to the� city appears que.stionable in consideration of the
� following facts:
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l. Public notice by both the City and Hennepin County
that lots released for sale may not satisfy all zoning
standards.
2. The applicant's father and actual purchaser of the lots
had worked with officials of the City on two previous
zoning applications.
3. The aoplicant is involved in building construction and'
should have a general familiarity with development
practices. . The very fact the property is tax forfeit
� would strongly suggest to even a building novice that
there may be problems with the buildability of a property.
2PJ. The granting of the required variances would result in the
following violations of Section 1�l.�18 Subdivision 3.A of the
Zoning code with which the applicant must first comply before the
requested variances can be granted.
a) In review of the factual findings noted above, the plight
of this applicant was created by his own actions and has
nothing to do with a unique hardship related to the land.
b) In reivew of the factual findings noted above, the City
. finds that the essential character of the neighborhood
� will be altered if a building permit is issued for this
� property.
c) In re�view of the factual findings noted above, the City
finds that to establish a precedent that would allow
� severly substandard lots to be developed to be in complete
conflict with the established environmental standards for
lakeshore development within the City and to be
detrimental to the public, health, safety and welfare.
The City also l.00ks to the b�roader , environmental
principals and goals set forth in its Community Management
Plan and the intent of the specific zoning district when
� dealing with matters related to the public, health safety
. and welfare. Issues involving the public health, safety
and welfare are not only resolved in securing the obvious
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traffic and drainage concerns of surrounding property
owners but the City also must provide its citizens with a
designateci and approved optimum level of density, open
space and qual ity of 1 ife.
21 . The substandard property can be put to a reasonable use by
,combination with adjacent properties. Donald Meyers, owner of
combined lots 5 and 6 adjacent to property on the north boundary
line, made an informal offer to purchase the property. �
22. On November 2P�, 1984 , Lonie Fisk formally accepted in a
written letter submitted to the City, Donald Meyer's offer of
• $8 ,5fdPl.f�Pl.
23. On November 29, 1984 , Mr. Fisk advised the City that Mr.
Meyers had agreed to honor his offer of $8 ,5��. 04J.
Adopted by the City Council of the City of Orono, Minnesota, at a
regular meeting held December 101, 1984 . ,
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. Mary C. B er, ayor
ATTEST: �
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' D othy� M allin, City Clerk
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