HomeMy WebLinkAboutResolution 1792 '�'�. .
:� :� d .: C�t o� ORONO
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.� � RESOLUTION OF THE CITY COUNCIL
� NO. 179 2
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, A RESOLIITION GRANTING
� A VARIANCE TO
MDNICIPAL ZONING CODE
, . SECTION 10.23, SIIBDIVISION 6 (B)
FILE #930
WHEREAS, Jim Shaver (hereinafter "the applicant") has
an interest in the property located at 1080 Ferndale West within
� the City of Orono (hereinafter "City" ) and legally described as
� follows: � �
• That part of Lot 6 , North Shore Cottage Acres , Lake
Minnetonka, lying Northwesterly of the following described
line: Commencing at the most Easterly corner of said Lot 6;
thence Northwesterly along the Northeasterly line of said
Lot 6 a distance of 40 feet to the point of beginning of
line to be described; thence Southwesterly parallel with the
• Southeasterly line of said Lot 6 to the Southwesterly line
of said Lot 6 and said line there terminating, and that part
of Lot 9, North Shore Cottage Acres, Lake Minnetonka, des-
cribed as follows: Commencing at the Northwest corner of
said Lot 9; thence South along Westerly line 25 feet; thence
at an angle Southeasterly paral lel with Northeasterly line
25 feet; thence at right angles Northeasterly paral lel with
Westerly line 25 feet to Northeasterly line also being the
County Road; thence Northwestly to point of beginning,
(hereinafter "property"); and
WHEREAS, the appl.icant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) to permit the construction of a principal. residence 30.8 feet
� from the rear Iot line instead of the required 50 feet requiring .
approval of a 19.2 setback variance.
NOW, THEREFOR$, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #930.
2. The property is I.ocated in the LR-lA, Single Family
�
Lakeshore Residential Zoning District. .
• 3. The Orono Planning Commission reviewed this application
on June 17, 1985, and recommended approval of the proposed
variance based upon the following findings:
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� � e ci.t o� ORONO �
�
. � RESOLUTION OF THE CITY COUNCIL
� NO. 1792
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A) The contiguous dry buildable area or building
envelope is Iess than 1/2 acre but subject to two acre
developement standards. The Iot does meet 80� of the
required Iot area for 1/2 acre zoning district.
B) The majority of the Iot area consists of a 3 acre ` .
wetlands that serves as a retention area for
surrounding neighborhood.
C) Sewer service was approved for the property in 1980�
and the same codes are in affect for this review.
D) The proposed house is consistant with older
developed lots on north side of road where majority of
lots also have extensive wetlands and restricted
building envelopes.
E) An error was made in the original resolution ap-
• proving sewer for the site because the area cal-
culations were incorrect and the code would have deemed
the lot unbuildable.
F) Most affected owner finds no problem with location
of proposed structure from shared lot line.
.' 4. The City Council has considered this application
including the findings and recommendations of the Orono
staff and the effect of the proposed variance on the health,
safety and welfare of the community.
5. 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 property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to pre-
serve 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.
.. ,.,, . CONCLOSIONS, ORDER AND CONDITIONS
• Based upon the above f indings, the Orono City Counci I
hereby grants a variance to the Municipal Zoning Code Section
10.23, Subdivision 6 (B) approving a 19.2 setback variance to
permit the construction of a principal residence 30.8 feet from
the rear lot Iine instead of the required 50 feet subject to the
following conditions:
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� d :�;�.: C�tY �o� ORONO � �
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:: .� (�� ' ��° , RESOLUTION OF THE CITY COUNCIL � �. ' .
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�� , • � ..�,� . �` � �NO. 1792 • � �
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1. Prior to any land alteration or construction on the �
' site, the builder must provide erosion control along the
; edge of the wetlands for staff inspection and approval.
2. Authorities granted by this variance run with the pro-
perty 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 (September 26 , 1986) . �
3. 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.
4. The undersigned applicant and owners have read, under-
stood and hereby agree 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. �
l
j� Adopted by the Orono City Council on this23rd!day of
Septei er, 1985. ,i �
• ATTE .
• � /l(1"TZ�
rothy Hallin, City Clerk y C. utler, Mayor
Tom F a '� Mayo
�
0
(1) Property Owner �
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�
roperty Owne '
: • ���
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d C�t o� ORONO� �
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 1792
• � • •
� STATE OF MINNESOTA )
) ss.
.. COUNTY OF HENNEPIN )
, On this ��� day of ��py�Mg� , 1985 '
before me a Notary Public within and for said county, personally �
� appeared /f,t,�,�zs� J r , ����viux��va�,r� Cm,�known to me to be
the persor�(s) described in and who executed the foregoing
instrument, and acknowledged that he (tliey) executed the same as
his (their) free act and deed. '
AFFRO� �
HAEL P•`' TA NO ARY PUBLIC .
�"'�""w"'� Np ARY PUBLIG-M�NNNTY
� :�=' 1 1-IENNEPIN COU
• •`�+F My Commfssion ExPires June 11,1997
��� �` ,�-u,.�� l�, /9£�,� .
MY COMMISSION E?XPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On this 2y'� day of S�P�z.�F3cr� , 1985, before me
a Notary Public within and for said County, personally appeared
, P1Ar1,�`�'�wiwven� ��'�,�ve� � , c:,� C�a�t�� 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.
�
;;;:N�• MICHAEL P.GAFFRON NOTARY PUBLI
f:. �
.„ i� � NOTARYPUBUC-MINNESOTA
���a���� oommssEPF�Nc �r�sOUNTYss�
��w,�...r N�Y ' °°'°B �(.��vLs
� MY COMMISSION EXPIRES
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