HomeMy WebLinkAboutResolution 1904 y�
C�t���o� ORONO � ��
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1904
• - • •
A RESOLDTION GRANTING
. A VARIANCES TO
MIINICIPAL ZONING CODE
SECTION 10.25, SDBDIVISION 6 (B)
FILE �988 �
WHEREAS, James E. Mertes (hereinafter "the applicant") has
an interest in the property located at 3237 Casco Circle within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 18, Spring Park, also alI the land including the vacated
highway, Lake Shore Drive, Iying between the Northeasterly line
of said Iot and the shore of Lake Mirinetonka and between the
Northwesterly and Southeasterly Iines of said Lot 18 extended
Northeasterly to said 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, (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for variances
. to Municipal Zoning Code Sectic n 10.25, Subdivision 6 (B) to permit
the construction of a new res; dence. on a property that is 16,748
square feet in area or 77� of :he minimum area required of 21,780
square feet or half acre and th � width of the property is 55 feet or
55� of the required 100 feet of :_ot width.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #988.
2. The property is located in 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 current
owner, Douglas Smith, purchased the property. Lots 16 and 17 are
now legal ly combined.
• 4. Section 10.03, Subdivi:sion 6 (A) (1') 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 regula-
tion, provided a Iot of record meets 80$ of the required lot area
and lot width and has municipal. sewer available.
Page 1 of 6
C�t� o� ORONO �
• Q� RESOLUTION OF THE CITY COUNCIL
� NO. 1904
• � • •
� 5. Prior to December 19, 1983, the City Council always, required
that when two or more lots were owned in common, each Iot must
individually meet or exceed the requirements of the Zoning Code
before any of the Iots can be built upon and that two or more
substandard Iots owned in common must be combined so that the
resulting combined lot meets the rquirements of the Zoning Code
before the lots can be buil.t upon. .�
� 6. Upon completion of a 6 month City wide review of the common
ownership issue, on December 19, 1983, the City approved a pro-
posed amendment of the municipal code that would permit aII
substandard undeveloped lots within the sewered areas of the City
: regardl.ess of the ownership of these Iots, 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 developed
• lots within a total developed neighborhood of 33 I.ots.
8. The property measures 55 feet in Iot width and is approxi-
mately 5 feet short of the narrowest Iots in the 33 lot Casco
Circle neighborhood at 60 feet.
9. The Orono Planning Commission reviewed this application on
November 18, 1985, and a majority of its members recommended
. approval of the variances as proposed based upon the following
findings:
A) No avail.able Iand - Iots are developed on both sides of
property.
B) The property is served with sewer and water.
� C) A house and improvements can be constructed without the
need for additional variances.
D) By granting this variance there will be no negative
effect on the public health, safety and welfare.
E) By granting this variance it is consistent with the
development of the area.
F) By granting this variance there should be no need for
• future hardcover and setback variances.
G) The special conditions applying to the parcel of Iand in
question are peculiar to such property or immediatel.y ad-
joining property.
Page 2 of 6
C�t� o� ORONO �
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1904
• - • •
H) The conditions do not apply generally to other land or
structures in the district in which said land is located.
� I) The granting of the application is necessary for the
preservation and enjoyment of a substantial property right
of the applicant.
J) The granting of the proposed variances will not in
anyway impair the health safety, comfort, morals, or in any
other respect by contrary to the intent of the Zoning Code.
� K) 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. This application is a renewal of variances granted on
February 27, 1984, and the findings stated in that approval
resolution (No. 1607) were acceptable at that time and are still
valid.
11. 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 proposed variances 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
property in this zoning district; that granting the variances
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 preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Section 10.25, Sub-
. division 6 (B) to permit the construction of a new residence on a
property .16,748 square feet in area or 77� of the required 21,780
square feet (1/2 acre) and with a lot width of 55 feet or 55� of the
required 100 feet of lot width subject to the following conditions:
• 1• The detached garage located within the right-of-way of Casco
Circle is a non-conforming structure and subject to all pertinent
municipal ordinances for non-conforming structures.
_ . . . ._ __ . __ . _- -- �
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C�t� �o� ORONO � ,�
• . RESOLUTION OF THE CITY COUNCIL �
Q� .
� : . � , NO. 1g04 . �
� � • • ,.; . . .
�
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2. The only variances granted with this approval are lot area
and lot width. No other variances are granted.
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
might not approve any improvement to the property that requires a
variance.
• 4. Applicant shall pay the appropriate water unit charge, sewer
connection fees, and park fee at the time that the building
permit is issued.
5. The property owner shall bear all costs of connection to the
municipal sewer and water, including the installation of new
stubs to serve the property, if required. '
6. Applicant is allowed to remove the one fallen willow tree at
• the lakeshore, but removal of the three standing willows is not
approved at this time. •
7. Side, street, and lakeshore setbacks are approved per the
� attached survey (Exhibit A) .
8. , Authorities granted by this variance run with the property
not 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
(January 13, 1987 ) .
9. 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.
• � 10. 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.
Page 4 of 6
_ ` . : C�t� �o� ORONO � T.
• . ° RESOLUTION OF THE CITY COUNCIL �
�:�,,::.
� ' . . � . NO. 1904 _ .
� � � � ,.; . ,
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� STATE OF MINNESOTA )
) s s. ..
COUNTY OF HENNEPIN . )
� S'�
On this �' day of J��t&�"( , 1986
before me a Notary Public within and for said county, personally
appeared ��,�.�� �. ��-�a 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.
• � ,
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`�p:.,. NoGP AP�p1N G�UN��9s'► NO ARY PUBLIC ' .
�� ' . NEN�S�pP�p��e' �n
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�ta.�� //, /98'7
MY COMMISSIO EXPIRES
STATE OF MINNESOTA ) '
)ss.
COUNTY OF HENNEPIN )
On this �u��"' . day of ��Gf/t , 1986, before me
a No ary ublic with' and for said Cou y, personally appeared
�G �,J' �,� known to me to be the
perso ' s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
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t'� ' NOTqRy p�g11C—p�y��yNESOTA �
� HE�iNEPIN COUNTY NOTARY�LIC
�x
My Commission Expires Jan.9,1992 �
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MY COMMISSI N EXPIRES
Page 6 of 6
µ � ��� -� �. �iiro�vn �,a�c� �ur�re�ingr, �.nc.
501 West 78th Street WOODROW A. BROWN, R.LS.
Bloomington, Minnesota 55420 President �'
• �6�2� $$1-�47 � RESOLUTION 1904
LAKE
SURVEY FOR: SUMMIT BUILDE R S ��� MINNETONKA
���LEV. FE8.27�1985
. 5 3.0
PROPERTY DESCRIPTION . 3`S,� ',�4 � �.�.
Lot 18, and that part of vacated i �����,s'�w��x,� �.�
Lake Shore Drive lying in Lot I8 � .� � / g zY�� `°w �
SPRING PARK ADDITION, according � �'�` }o�
to the recorded �at thereof, �ACqT \ 6�i �
Hennepin County, �ne`a �o \ �/ � 60�"
� a �C AkE ,y��`1�+�/ A �2"` o
�. �� \ �,�+ � �X�1�3/T /,�t
t � rr `\ � ���0 /�' SHOR�\ �ESO�. iy0. ,�,��
-1 � � �,+� �•
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ti ��, 2°c� �� ��+ ��oQ� �� d � F
� 'N' � �`1.�` F�a� �%•, '\, �\Q , 1 i`O t�
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fP O
(.� � ` .,�' 4 ��`9, fi,
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�CALE� I°= 40� � �� �� , �g; �gh `� /�a}a �
s� � Q �. �
O = IRON MON. % P`v ,`4j� ��' tip,� Qo�t�,vN 10 .�t �!u'�. '� 'ti'��� ��'
P
�0 P � ��ID
� ��G //, ,•''. 2� i s �ab �P�9,'h� °�g' ��+ O� .
i / y�(v� •�v .:9��� �� ,O ``\� ti``O ��'�,� �/�I• v �Q
/ '�'•� �'� �� /_y �
, �� :�,;. NOTES � ��
�� ��0 } �5~ \ � ,'�' (91.5) Denotes Proposed Elevat��
. m�° � Qg ��' ' ���• � ; 89.7 Denotes Existing Elevation
�'�- p �.
°j �o• � +0 � ��`� Proposed Garage Floor Elevation= 92.0
�e3 ` � ' �'• � � , t�) Proposed Top of Block Elevation= 92.4
s ti �•�`.• �1 � �.� . Proposed Basement Floor Elevation=84.4
}o'� SSS� ,�t �� Proposed Wal k out Elevation= 84.4
`o ��A�q'' ;{a� ' P� � � BENCM'�ARK: Spike in Power Pole at N.W. Cor.
��,9�0,�o' �' / of Lot 18 = 100.00
s � .
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� I E�ereby certify that this sketch plan or report
��4 � was prepared by me or under my direct supervision
N�.�. � �o and tf�at I am a duly registered land surveyor
under the laws of the State of Minnesota.
,�r,,�,��.� D�e.-ta��' � �
, �
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.S S @t�w� �0�55 i�1t�"�'r
Date: March 4, 1985 Reg. No. 15230
P�12T�tN '�6'n -f'�$� �PPRO Revi sed: January 10, 1986
(3�-� iN 2�so��rt��1 �� .
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