HomeMy WebLinkAboutResolution 2123 ,�
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� '������ Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
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A RESOLOTION GRANTING
V1�RIANCES TO
MIJNICIPAL ZONING CODE
SECTIOId 10.25, SDBDIVISION 6 (B)
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FILE #1101
WHER$AS, James E. Mertes (hereinafter "the applicant") has
an interest in the property Iocated at 3237 Casco Circle within the
City of Orono (hereinafter "City") and YegaYYy described as follows:
Lot 18, Spring Park, aYso alY the Iand including the vacated
highway, Lake Shore Drive, Iying between the Northeasterly Iine
of said 1ot and the shore . of Lake Minnetonka and between the
NorthwesterYy and Southeasterly �ines 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 "the property"); and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to
permit the construction of a new residence on a property that is
16,748 square feet in area or 77� of the minimum area required of
21,780 square feet or half acre and the width of the property is 55 '
. feet or 55� of the required l00 fee� of Yot width.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1101.
2. The property is located in the LR-1C SingYe 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 previous
owner, DougYas Smith, purchased the property. Lots 16 and 17 are
now 1egaYYy combined.
4. Section 10.03, Subdivision 6 (A) (1) of the Municipal Zoning
• Code provides for deveYopment of lots of record held in separate
ownership since prior to the effective date of the zoning
regu�ation, provided a Iot of record meets 80� of the required
lot area and lot width and has municipal sewer availabYe.
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RESOLUTION OF THE CITY COUNCIL
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5. Prior to December 19, 1983, the City Council � always required
that when two or more Iots were owned in common, each I.ot must
individual.Iy meet or exceed the requirements of the Zoning Code
before any of the lots can be built upon and that two or more
substandard� Iots owned in common must be combined so that th,e
resulting combined lot meets the r�quirementsof the- Zoning Code
before the lots can be built upon.
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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 aIl
substandard undeveloped lots within the sewered areas of the City
regardless .of the ownership of these I.ots, 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
].ots within a total developed neighborhood of 33 lots.
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 available I.and - 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
devel.opment of the area.
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• 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 land in
_ question are pecuiiar _to such property or immediatel.y ad=: - -
;: _:_., _ _ .
joining property. _ . . ____.
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• � V� '� ¢�' RESOLUTION OF THE CITY COUNCIL
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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 wiYl not in
anyway impair the health, safety, comfort, morals, or 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 demostrable hardship or difficulty.
10. Variances were granted on February 27, 1984 , per Resolution
No. 1607 and renewed on January 13, 1986 per ResoYution No. 1904.
The Orono Planning Commission reviewed the current application
for renewal on January 20, 1987 and found that the findings
• stated in the previous approval resolutions are stil Y valid.
11. The City CounciY has considered this application including
the findings and recommendations of the Planning Commission,
• ' reports by City staff, comments by the applicant and the effect
of the proposed variances on the heaYth, 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 general Iy to other
property in this zoning district; that granting the variances
would not adverseYy affect traffic conditions, Yight, air nor
pose a fire hazard or other danger to neighboring property; would
not mereYy 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
applicant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive P1an of the City.
CONCI�DSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City CounciY hereby
grants variances to the MunicipaY Zoning Code Section 10.25 ,
Subdivision 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 Yot width of 55 feet or 55� of the
required 100 feet of lot width, subject to the following conditions:
1. The detached garage Yocated within the right-of-way of Casco
Circle is a non-conforming structure and subject to all pertinent
municipaY ordinances for non-conforming structures.
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• R�SOLUTION OF THE CITY COUNCIL
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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 wil lows is not
approved at this time.
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7. Side, street, and lakeshore setbacks are approved per the
attached survey (Exhibit A) .
. 8. Authorities granted by this variance run �-ith 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
(February 9, -1988) .
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• 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. �
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10. The under�igned 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.
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����:_��,-: : C�t� o� ORONO �
• RESOLUTION OF THE CITY COUNCiL
� � • NO. 2123
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� Adopted by the Orono City Council on this 9th day of .
February, 1987.
ATT T:
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Dorothy . HaYYin, City C1erk Jam R. Grab , yor
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P operty Owner(s)
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4� Cit o� ORONO
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�'`�'�r"'� � �'� � RESOLUTION OF THE CITY COUNCIL
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ST �` �:�'��:;�0�_.���_' � NNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �� � day of ��/� �i , 198?'
before me Notary Pub ic within and for said county, personally
appeared �� known to me to be
the pers s) � described in and who executed the foregoing
, instrument, and� acknowledged that he (they) executed the same as �
his (their) free act and deed.
,
°'" Bettre�ou c�iaft
•n.t� NOTARY 1UEUC—MINNESOTA '
`�+• HENNEPIN COUN7Y ARY PUBLIC
MY commission expires March 25,1991 •
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• MY COMMIS ION �EXPIRES
STATE OF MINNESOTA ) -
. )ss.
COUNTY OF HENNEPIN ) '
On thi s �D� day of �`���z��.'li'J . 19 8��", be=ore me .
' a No y P blic within and for said County, personally appeared
known to me to , be the
pers n(s) describ d in and who executed the foregoinginstrument,
and acknowledged that he (they) executed � the same as his
(their) free act and deed. �
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Bettiel'ou c`ffiatt NOT RY PUBLIC
" NOiARY PUELIC—MINNESOTA
HENNEPIN COUNTY -
My commission expires March 25,1991
,�a�-/�/
MY COMMISSIO EXPIRES
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