HomeMy WebLinkAboutResolution 2119 ,� „
� Cit� o� ORONO
�
• RESOLUTION OF THE CITY COUNCIL
� NO. 2119
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A RESOLDTION GRANTING
PRELIMINARY APPRO�IAL FOR
A PI�AT AT 200-250 HOLLANDER ROAD
APPLICATION NO. 1090
WH$REAS, Roger W. Hollander, personal representative of the
Estate of Hildur P. Hollander, on October 24, 1986 filed a formal
subdivision application with the City of Orono for approval of a two-lot
residential plat of property legally described as:
� Outlot "B", Holly Acres, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and
Platting Codes, the Orono Planning Commission held a public hearing on
November 17, 1986, at which time all persons desiring to be heard
• concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on February 9, 1987, the
Orono City Council considered the subdivision application of Roger W.
Hollander, . noting the fol lowing findings of fact:
. 1. The property is located within the RR-1B Single Family Rural
. Residential zoning district requiring a minimum of 2 acres of
contiguous dry buildable land within each newly created lot.
2. The property contains a total of approximately 4.68 acres, of
which 4.28 acres is considered dry buildable.
3. The proposed plat contains two lots each exceeding the 2.0 acre
minimum lot area requirement. •
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4. Proposed Lot 1 requires a variance because it does not contain the
required 200' frontage on a public roadway. This variance is
justified because Lot 1 does exceed 200' in width at Hollander Road
where it achieves actual access.
5. Both lots are proposed to front on and access to the existing
privately owned Hollander Road. Both lots are and shall be subject to
the Declaration of Private Road Easement and Declaration for
Maintenance of Same which appears as a memorial in the title of the
• property.
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� Cit� o� ORONO �
• RESOLUTION OF THE CITY COUNCI L
� NO. 2119
• - • •
6. Two conditions of the original Holly Acres subdivision have not
been met: a) Removal of the detached garage structure on proposed
Lot 2; and b) Removal of the direct driveway access from Outlot B to
County Road 6. The Council finds that these two conditions must be
satisfied prior to final plat approval.
7. Both Lots'1 and 2 contain primary residences with existing septic
systems. Soil testing data submitted by the applicant indicates
suitable alternate drainfield sites exist for the primary residence on
each lot. �
8. The existing residence on proposed Lot 2 is located 49.29' from
the front lot line at Hollander Road where a 50' setback is required.
Thi s variance of 0.71' wi 11 be recogni zed and approved in the f ina 1
plat approval resolution, the hardship being that this is an existing
residence and existing lot line that is not being relocated.
• 9. The existing barns on proposed Lot 2 are considered as accessory
storage structures meeting the required 10' side setback from the
proposed lot division line. These barns do not meet the setback
standard for animal housing structures and shall not be used for
housing animals. --
10. The existing second dwelling on Lot 1 does not meet the lot area,
lot width or side setback �requirements for a guest house conditional
. use per the performance standards 'of Section 10.20, Subdivision 3 (G).
The existing structure has not been documented as ever having been
: used as a guest house, hence that use is subject to a conditional use
permit. The original developer of Hol ly Acres was made aware of these
requirements during the original subdivision of Holly Acres, but
failed at that time to provide the additional lot area necessary to
meet those performance standards for a guest house. The proposed
guest house use does not fit with the character of the surrounding
single-family rural residential neighborhood. The Council finds that
the guest house use is not appropriate for this property.
11. The rental use of the second dwelling on Lot 1 is a violation of
Zoning�Code Section 10.03, Subdivision 7 which states that no more
than one principal building shall be located on a lot. Continued use
of the structure as a rental unit on proposed Lot 1 would be an
intensification of the degree of violation. The rental use of the
second structure on Lot 1 is not an appropriate use for this single
family rural residential neighborhood.
• 12. The appropriate use for the second structure on proposed Lot 1 is
as an accessory structure.
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� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2119
• - • •
13. For Lot l, for purposes of placement of accessory structures, the
Hollander Road lot line is front, County Road 6 is rear. All
accessory structures shall be located to the rear of the extended
front lines of the primary residence, shall meet the standard 10' side
setback requirement, and shall be subject to a 50' rear (County Road
6 ) setback. �
14. For Lot 2, for purposes of placement of accessory structures, a
50' setback shall be required from al 1 lot lines abutting County Road
6 or Hollander Road, and the standard 10' setback shall be required
from the lot line abutting Lot 1. Further, accessory structures shal 1
� be no closer to County Road 6 than the extended front line of the
existing (or future) primary residence on Lot 2, and no closer to
Hollander Road than the 50' setback line and no closer than the
setback from Hollander Road of any replacement house constructed on
the property in the future.
• 15. Lots 1 and 2 are not considered as "through" lots under the
existing ordinances, and are therefore not subject to a conditional
` use permit for placement of accessory structures.
NOW, THSR$FOR� BE IT RESOLVED, that based upon either one or more
of the f indings noted above, the City Counci 1 of the City of Orono hereby
approves the preliminary plat for Roger W. Hollander at 200-250 Hollander
Road per the survey dated 10/23/86 by McCombs-Knutson Associates, Inc.,
� ' subject to the following conditions:
1. Lots 1 and 2 shall access to Hollander Road. Both lots shall
continue to be subject to the existing Declaration of Private Road
Easement and Declaration for Maintenance of Same as filed in the
title of Outlot B.
2. A 13.1' variance will be granted to the 200' lot width standard
for Lot 1. A 0.71' variance will be granted for the 50' front setback
standard �or the existing house on Lot 2.
3. The existing detached garage on Lot 2 shall be removed prior to
final plat approval. A demolition permit must first be obtained from
the City.
4. The existing driveway access from the property directly to County
Road 6 shall be removed by regrading and ditch restoration prior to
• final plat approval.
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;P� Ci.t of ORONO �
� ��� �
• RESOLUTION OF THE CITY COUNCIL
� NO. 27.19
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5. The rental use of the second house on Lot 1 shall cease upon final
plat approval. The structure shall not be used as a second dwelling
� unit or guest house. The structure shall be converted to a non-
dwelling use, and fixtures that would tend to encourage a dwelling-
type use shall be removed to the satisfaction of the City within 6
months of final plat approval. Any dwel ling use after that date wil 1
be considered a violation of the Zoning Code. The applicant shall
arrange to have the structure inspected by the City to determine the
extent and type of changes necessary to convert this to a non-dwelling
structure. Furthermore, applicant shall provide security in a form
and amount acceptable to the City to ensure that such changes are
carried out.
6. Accessory structures on Lots 1 and 2 shall be subject to the
location standards described in Findings No. 12 and 13 above.
The following list of final submittals must be submitted to the Zoning
Ac�ministrator two weeks prior to the regularly scheduled Council meeting on
• the second and fourth Mondays of the month:
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1"=200'. Drawing to include:
� a) Lot lines platted per preliminary survey by McCombs-Knutson
Associates, Inc. dated 10/23/86.
' b) Dedication of "drainage and utility easements" 10' wide alorig
all perimeter property lines and 5' each side of the internal
property line.
c) Designation on the plat drawings of the existing drainage
easement for the wetland on Lot 1.
2. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. All owners, mortgage
holders or others with property interest indicated therein shall
sign the plat and all other documents affected by such interest.
b) The applicant must provide certified copies of all recorded
easements currently affecting the property.
3. FEES TO BE PAID: Total Due $300.00
• a) Final plat fee - $150. 00
, c) Legal review and filing fees of $150.00.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2119
• - • • �
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held February 9th, 1987.
.,
Jame R. Grabek, Mayor
ATTE T•
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D othy M alliny City Clerk
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