HomeMy WebLinkAboutResolution 2173 ,_....�.'..
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Ci.t� o� ORONO
• RESOI.UTION OF THE CITY COUNCIL
� NO. 2173
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A RESOLUTION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.24, SIIBDIVISION 5 (B)
FILE #1130
WHEREAS, Ken & Renee Eggert (hereinafter "the applicants") have
an interest in the property located at 1371 Rest Point Lane within the City
of Orono (hereinafter "City") and legally described as follows:
(Exhibit "A", attached) ; (hereinafter "the property") ; and
WH$REAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the
construction of a single family residence on a lot of 0.63 acre and 135
feet in width where 1.0 acre in area and 140 feet in width are normally
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
oMinnesota:
FINDINGS
1. This application was reviewed as Zoning File #1130.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. A lot area/lot width variance was previously granted for the
property in 1982.
4. The Orono Planning Commission reviewed this application on April
20, 1987, and recommended approval of the proposed variance based upon
the following findings:
A) Lot area is 0.63 acre in a 1-acre zone. Within the Rest
Point neighborhood, this lot is larger than 26 of the 30 existing
developed properties. Within the total LR-1B district, this lot
is larger than 44� of the developed properties.
B) Sewer is available (2 stubs exist) and has been assessed,
except for the $225 plant charge that would be due with the
building permit.
C) The applicants intend to construct their home centrally on
• the property, with walkout-level garage accessing to Rest Point
Lane (north or downhill roadway). This was a condition of the
1982 approval, apparently for safety reasons.
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cit� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2173
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D) There is an existing garage on the property accessing to Rest
Point Road. A condition of the 1982 approval was that it be
converted to storage if it is not removed, but cannot remain as a
garage since it is too close to Rest Point Road. Applicants
intend to use the garage for initial storage of construction
materials, then remove it.
E) The lot has no riparian rights. �
F) Because this is a "through" lot, the setback from either road
is 35'. The 12' alley portion on the southwest side of the
property acts only as a private driveway and is subject only to
the 10' side setback. Any future accessory structures are
subject to the requirement of a conditional use permit per
Section 10.03, Subdivision 10.
� G) No adjacent land is available.
5. The City Council 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
variance on the health, safety and welfare of the community.
6. 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 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.
CONCLIISIONS, ORDER AND CONDITIONS
. Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5
(B) to permit the construction of a single family residence on a lot of
0.63 acre in area and 135 feet in width where 1.0 acre and 140 feet of
width are normally required, subject to the following conditions:
• 1. A1 1 proposed structures on the site must meet the setbacks of the
LR-1B zoning district:
- 35 ' from both Rest Point Road and Rest Point Lane
- - 10 ' from either side -
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Ci.t� of ORONO
• RESOLUTION OF THE CITY COUNCI L
a� NO. 2173
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2. Access to the site must be via Rest Point Lane; the access
location must be approved by the Public Works Coordinator.
3. Development of the site will be limited to the hardcover
regulations of the City - the property is located within the 75-250'
setback area a 11 owing 25 g hardcover or 6,818 s.f. (2 5 g of tota 1 area
27, 271 s.f. ).
4. If garage structure remains it must be converted to storage shed
or other accessory structure permitted in residential district - it
cannot function as a garage since access will be via Rest Point Lane.
5. Prior to issuance of a building permit, the owner must submit
proof of combination of Lot 14 with part of Lot 13.
6. Payment of the following fees with building permit:
• SAC $ 525.00 (per current fee schedule at time
permit is issued)
Sewer Plant Charge 225.00
Park Fee 390.00 (1 existing lot at 0. 63 ac per current
schedule)
$1;140.00
., 7. This property has no riparian rights to Lake Minnetonka.
8. Applicant is advised that this is a "through" lot. Per Zoning
Code Section 10.03, Subdivision 10, all accessory structures shall
require a conditional use permit review.
9. Authorities granted by this variance 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 this variance will expire on that date (May 11,
1988 ) .
10. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the zoning
code, shall automatical ly terminate any authority granted herein, and
shal 1 be punishable as a misdemeanor.
11. 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.
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Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2173
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Adopted by the Orono City Council on this llth day of May, 1987.
ATTES''T:
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thy M. llin, City Clerk � Jame R. Grabe , Mayor
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P operty Owne s
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2173
, �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this pC� day of rnQ U _+, 1987
before me Notary Public within and for sa��j�. county, personally
appeared a�c,�p�� ����i75 known to me to be
the ,person(s ) described i and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�G��
• NOTARY PUBLIC
���4�i�r '��' NA,�B
� ����
"���.�. q-8���
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this � � day of �(�f�� , 198,� , before me
a Not y Public within and for said County, personal ly appeared
/�.p�e� -�'qqpX� known to me to be the
person(s) descri d in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC �
�T�a���.����� _
N�,NEPiN couNn, : ���_ �,a .
:r_ , Ub���
• - MY COMMISSION EXPIRES
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Cit�:o� ORONO ,
� - RESOLUTION OF THE CITY COUNCIL �
�� NO. 2173
�
' • � • •
STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
�
On this % '-f day of � J(,({�l� , 198�
before me a Notar Public within and for said county, personally
appeared ,p��-�Y� • known to me to be
the person(s) escrib c� in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
� his (their) free act and deed.
� - </ �
THERE8A l. NAAB NOTARY PUBLIC
�'�O'TARY PUBUC - MINNESOTA
HENNEPIN COUNTY
�AY oornmiulon explrRS a-8-92
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, 9�,9�
-MY COMMISSION EXPIRES
STATE OF MINNESOTA ) '
)ss.
COUNTY OF HENNEPIN, )
On this 18th day of . June , 1987, before me
a Notary Public within and for said County, personally appeared
James K. Langhans 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) f ree. act and deed. - - -- �
� �
�r'��� GLADYS M, c ° NOTA PUBLIC
' ' KUP�ER �
; � ��� � NOTARY PUBUC—�q1iVtJESQTA .
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_� _ ., __., .____ _
" " � '' ENf�EPIN LUUfdTY
i " �Y Commission Expires Dec.1,1992
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• � . EXHIBIT A ' �
� RESOLUTION NO. . 2173
11 that part of Lat Thirteen (13) Subdicision of I,ot 14 Reet Point P�rk L�.ke �
� �tinnetonka, Henne�+in County; ::innesota, lyin€ Sou�nwesterly o� �. line drawn �rors
point, in t�ie 3outheasterly line of s�.id Lot Thirteen (13) . difitant FiYty Two
(52) feet 8�'s'tc'-"3.�Y Y�vr� �the Sout�er�.^t cor^e.r of R�ie. Lot Thirteen (13�� as
+leasured along said •Saut:zeasterly line, to a ~�oint in tY:e 2�?ortr.westerly line of
�aid Lo� Thirteen (13) , di�tant Forty r ive �nd Five Tenths (4�.5) feet South�rest—
°rly f�ron the Nort?�e�.st corner of a�id Lot Tnirteen as r►e�.sured alona sPid fiorth—
e�terlp line. � .
�iundred � �
at part of ao�ernraent Lot Two (2) , Section Seven (7) , Township Cr,e . •
''eventeen (11.7) , Ran�;e Twen��r Tr.ree (�3) he:uze�in.County, �:tin:�esota, descri'�ed
�s fo1�.oRS: all of v�.cated Lot Fourteen tl�) , Reat ?oint ?�.rr L.�.ke 1�inr.eton�a
�ogether �vitn th�.t �a.rt of the vac�te� �.11eSt rrhlci: lies oet�.�een vacate� l,ots
ir�ous�een (14) , Eighteen (13) �nd ;Tineteen (19) , Reet Point•�Pa.xk La.ke 1•Iinnetonk�.,
idescribed as follo�s; be�inni.:�� �.t the ?+ortn�rest coiner of ,s�id �a.ca.ted Lot •
lFourtesn (ls) , thence Sout'.z•.ve;terlSt -�.loi�; tr.e e�:ten�ion of the Northvre�terly
ine of said vac�ted Lot r^ourteen (14), Six ^nd Two Tenth� (E.�) feet more or �
. eae to the centerine of s��.id v�.c��.ted �.11eS*, thence Soutne�.sterly zlong eaid
� centerline Ei�hty (80) �eet tnence :ror�ce�.sterly �zr�.11el ti�ith the 2torthaesterly
^� '-h ^ ^) feet more or lese
ir,e of said vacated Lot Fourteen (1=), �ir '�.11d Ttivo Ten� s (�.y
to a point in the South�este:ly line of s�iu vac�.ted Lot Fourtee:: (14) , thence
' ;�;orth�e�terly alon6 saic� �out:zsresterly line �i�2�ty (80) feet . to the point of
fbe�innirig. �
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