HomeMy WebLinkAboutResolution 1758 .�-' 3•` '
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. , Cit� of ORONO ;
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•�:, RESOWTION OF�THE CITY COUNCIL
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GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
. SECTION 10.55, SUBDIVISION 8 AND
' SECTION 10.22, SUBDIVISION 2
FILE #907
WHEREAS, James Bigham (hereinafter "the applicant") is
owner of the property located at 1545 Long Lake Boulevard within
the City of Orono (hereinafter "City" ) and legally described as
follows :
The East half of Lot 16, all of Lot 17 , all of Ivy Lane
vacated, and that part of Lot 18 lying West of the East 25
. feet thereof (said Ivy Lane vacated and said part of Lot 18 .
� as described in the Judgment filed as Document No. 2428041 .
in Book 481 of Miscellaneous Records on page 531), "Albee's
Long Lake Addition"; also know as P.I.D. No. 26-118-23 33
0012 (hereinafter "property"); and �
� WHEREAS, the applicant has applied to the City for a.
variance to Munic�.pal Zoning Code section 10.22, Subdivision 2
and Section 10.55, Subdivision 8 to permit the construction of an
addition to his home which will extend 5 feet into the 0-75 foot
setback zone where no structures are normally allowed, and will
increase hardcover in the 0-75 foot lakeshore setback zone to
3.3� where 0� is normally allowed, and increase hardcover in the
75-250 foot lakeshore setback- zone to 39.7� where only 25� hard-
cover is normally allowed.
NOW, THEREFORE BE IT RESOLVED by the City Counci 1 �of
the City of Orono, Minnesota: �
� FINDINGS
1. This application was reviewed Zoning File No. 907. ,
2. This property is located within the LR-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on April 15, 1985 and recommended approval based on �the -
following findings :
a) Total hardcover in the 0-75' setback area will
tincrease from 1.9� to 3.3�, and hardcover in the 75-
250 ' setback area will increase from 33.7� to 39 . 7�.
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�` b) The applicant has improved the drainage retention
character of the lakeshore by adding terraced retaining
, walls. page 1 of 4
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. Clt� of ORONO
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RESOLUTION OF THE CITY COUNCIL
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c) Applicant has recently replaced the septic system
serving the property.
d ) Topography, lot size, house location and septic
� system l.ocation limit the expansion possibilities to
the area proposed.
4. No average lakeshore view setback problem would be
encountered.
5. Applicant has not yet completed the retaining wall
modifications required per Resolution #1600. ,
6 . The City Council has considered this application
. including the findings and recommendations of the Planning .
� Commission, reports by City staff, comments by the appli-
cant, and the effect of the proposed variance on the health,
safety, and welfare of the community. �
• 7. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other prop^rty in this zoning district; that granting the
variance woLld not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to neigh-
boring 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 sub-
stantial 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.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon the above f indings, the Orono City Counci 1
hereby .qrants a variance to Municipal Code Sections 10.55, Sub-
division 8, and Section 10.22, Subdivision 2 to permit con-
struction of home addition at 1545 Long Lake Boulevard which will
extend 5 feet into the 0-75 foot setback zone where no structures
. are normally allowed, and will increase hardcover in the 0-75
foot lakeshore setback zone to 3.3$ where 0� is normally allowed,
and increase hardcover in the 75-250 foot lakeshore setback zone
to 39.7� where only 25$ hardcover is normally allowed, subject to
the following conditions: .
� l. The applicant and future owners of the property are
. advised that no suitable alternate septic system drainfield
site exists for replacement of the existing drainfield. The
existing septic system was constructed in 1984 and meets
code standards for a 5-person household. If water use
exceeds the designed absorption capability of the drainfield
. system and failure occurs, a holding tank would be the most ,
likely sewage treat�nage �otter4native.
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. � , Clt� of ORONO 1
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���^ RESOLUTION OF THE CITY COUNCIL
�,,� � NO,. 1758 �
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2. The applicant shall complete the retaining wall modifi-
cations as required in Resolution No. 1600,y prior to issuance
of a building permit for the addition.
3. No future variances to hardcover or setbacks will be
� granted due to the severe limitations on this property.
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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 (May 13, 1986). . .
5. 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.
6. The� underGigned applicant has read, understood and here-
by 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 on �
this 13th day of May, 1985.
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ATTES,T:
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�bo < fhy M. lin, ity Clerk . Mary C. ler, Mayor
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' �. 6�/ 8'�
roperty Owner
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(' '`�" G-�2--�5
Pr perty Owner �
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. ` Cit� of ORONO :
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� RESOLUTION OF THE CITY COUNCIL
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� � NO. 1758 .
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STATE OF MINNESOTA ) .
) ss .
COUNTY OF HENNEPIN ) ,
On this __�� � day of ��� __, 1985
before me a Notary Public within and for said county, personally
appeared .��yv��5 �� .�lG�/� 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.
• MICHAEL P. GAFFRON � '
,..�pii's'v4�
;'�yP`� ���� NOTARY PUBLIC-MINNESOTA
�:�.� ,�,. ' HENNEPIP�I COUNTY NOTARY PUBLIC
d �''+q,ti.:' My Commission Expiros Juno 11,1�J�7
4J�O�PP8�Od6`6'6�??:�0�?u^�0o6`1�OC+ACnemn,.�.•n�•,,••�� .
. � ' . ,�'�'(/`''LS. �� �O . . . .
� MY COMMISSIO EXPIRES
STATE OF MINNESOTA )
. )ss. .
COUNTY OF HENNEPIN ) . '
On �this �7�- day of �u�.,,� � , 1985, before me
a Notary Public ithin and for said County, personally appeared
�YN���r4 �.. •�/G,lL.�!•r�- k n o w n t o m e t o b e t h e
person(s) described in and who executed the foregoinginstrument,
and ackno-wledged that he (they) executed the same as his
(their ) free act and deed.
`.�����' o'ARV�p�e P• GAFFR NOTARY PUBLIC •
I(,�M� HEI�! LIC-MINNESO N
� �.. PtsEp� rA
��C�mr"`sston EN C�V NTY
r��,.� Pires June 11,
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. :_�.,� J���l��f Q�'�
MY COMM�ION EXPIRES
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