HomeMy WebLinkAboutResolution 2164 � r�,. . .
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�',,,�������'�y� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.23, SOBDIVISION 6 (B) ,
SECTION 10.22, SDBDIVISION 1 (A) ,
SECTION 10.03, SIIBDIVISION 9 (A)
AND CONDITIONAL IISE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 10
FILB #1110
WHEREAS, Robert Martinson (hereinafter "the applicant") has an
interest in the property located at 1840 Shoreline Drive within the City of
Orono (hereinafter "City") and legally described as Lot 2, Auditor's
Subdivision No. 356; Hennepin County, Minnesota (hereinafter "property") ;
and
• WHEREAS, the applicant has made application to the City of Orono
to permit the construction of a new residence on a lot that does not meet
the lot area and lot width standards per Section 10.23, Subdivision 6 (B)
requiring an area variance of .2 acres or 10� and a width variance of 72.5'
or 36.5�, per Section 10.22, Subdivision 1 (A) the ground floor deck of
said principal structure extends 30 feet beyond the average lakeshore
setback line and a lakeyard pool extends 60 feet beyond the average
lakeshore setback line, per Section 10.03, Subdivision 9 (A) a dock to be
constructed on the lakeside portion o= the property, divided from the
homestead portion of the property by the County road, requires a variance �
because a dock is classified as an accessory structure requiring a
principal residence on the same lot and per Section 10.03, Subdivision 10
grants a conditional use permit for the pool and rear yard deck tennis
court, accessory structures on a through lot.
NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono,
Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File #1110.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
• 3. The property is approximately 1.80 acres in area.
4. The Orono Planning Commission reviewed this application on March
16, 1987, and recommended approval of the proposed variances, and
recommended approval of a conditional use permit for proposed
accessory structures on the through lot located at 1840 Shoreline
Drive based on the following findings:
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°�;�� RESOLUTION OF THE CITY COUNCIL
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° ���, � NO. 2164
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A) If the house was moved further north, it would require the
� total removal of the mature spruce trees to the rear of lot.
B) The setback lines of 500+ feet for the existing structures on
the adjacent lots are unusual and place severe restrictions in
the development of the middle lot.
C) The pool and deck structures are built at or below grade and
will not create a lake viewing barrier for adjacent residences.
D) The on-site evaluator has confirmed that an on-site sewage
disposal system can be installed on the site and that there is
suitable area to install a future alternate system.
5. The City Council finds that the conditions existing on this pro-
perty 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 properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable 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 Plan of the
City. .
6. The City Council finds that granting��a conditional use permit to
allow the construction of a lake yard pool and a rear yard deck tennis
court will not be detrimental to the health, safety or general welfare
of the public, would not adversely affect light, air nor pose a fire �
hazard or other danger to neighboring properties, nor will it
depreciate surrounding property values and that the proposed level of
use of the property will be in keeping with the intent and objectives
of the Zoning Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Sections 10.23,
Subdivision 6 (B) , Section 10.22, Subdivision 1 (A) , and Section 10.03,
Subdivision 9 (A) and per Section 10.03 , Subdivision 10 grants a
conditional use permit to permit the residential development of the
property located at 1840 Shoreline Drive as described above, subject to the
following conditions:
• 1. The accessory structures that encroach beyond the average setback
line may never be altered so as to create a lake viewing obstacle for
adjacent neighbors.
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� � � ..- Cit�..of ORONO � . �
• RESOLUTION OF THE CITY COUNCIL
� NO. 216 4
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2. Applicant must obtain a permit from the Public Works Department
prior to the creation of a new curb cut.
3. Applicant must obtain a building permit for the installation of a
dock. A permit for the dock will not be issued until a certificate of
occupancy has been issued for new residence.
4. Applicant is placed on notice that the property is considered a
through lot and that future accessory structures will require a
conditional use permit and that these structures must meet a 50 feet
setback from both front/rear street setback lines.
5. Applicant must submit payment of fee for a conditional use permit
of $100.00 for proposed accessory structures on a through lot.
6. Applicant must submit payment of a park fee of $350.00 for an
• existing undeveloped lot ranging in area from 1 to 1.9 acres at the
. time a building permit is issued for new residence.
7. Authorities granted by this resolution run with the property 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 the special conditions of this resolution will
� expire on that date (April� 27,. 1988).
8. Violation of or non-compliance with any of the terms and condi-
tions of this resolution shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and
shall be punishable as a misdemeanor.
9. 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.
. Adopted by the Orono City Council on this 27th day of April ,
� 1987.
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� AT EST:
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'� • D othy M allin, City Clerk Jam;s R. Gra , ayor
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°�"? �' k.� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �7� day of , 1987
before me a Notary Public within and or said county, personally
appeared �o��� �o��,f��,,�L known to me to be
the person(s) des ibed 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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� ,�,��: KATHLEEN F.ROSSMAN �G'c.��I�,/�r � �
���` � NOTARY PUBLIC—PdINNESOTA NOTARY PUBLIC
���....: HENNEPIN COUNTY
• My Commission Expires Apr. 17,1992
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MY OMMISSION XPIRES
STATE OF MINNESOTA )
)ss.
COUNTY C�;.' HENNEPIN )
On this _�D day of , 198 , before me
a Notar Public ithin nd fo said Count ersona�l a eared
Y Y. P Y PP
�I1L� ,(�. ��J 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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N9f1011f1�W'9�IamW ��.�% MY COMMISSION EXPIRES
• � � « �
�""'� MARK C.McCULLOUGH
�` � NOTARY PUBI.IC—MINNESOTA
Page 4 of 4 HEN�IEPIN COUNTY
My Commission Expires luly 12, 1991
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• � RESOLUTION OF THE CITY COUNCIL . .
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� - -NO. __ 2364. .
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�'""� DARNELL l.ERRETT
'� NOTARY PUBLIC—MINNESOTA
HENNEPIN COUNTY
STATE OF MINNESOTA ) � My Commission Ezpires July 14,1993
) ss. •�
COUNTY OF HENNEPIN ) .
/ �
On this G � day of , 198�
before me a Notar Pub ithin and for said county, personally
appeared i���i�z��-�.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.
•
NOTARY PUBLIC
. /� /5��--
MY MMI SION EXPIRES
STATE OF MINNESOTA ) -
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personally appeared
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.
NOTARY PUBLIC
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MY COMMISSION EXPIRES
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