HomeMy WebLinkAboutResolution 2283 �:�• �•
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� . � cit� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
� � NO. 2283 '
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A R$SOLDTION GRAYdTING
VARIANCES TO
, MUNICIPAL ZOIdING CODE
SECTION 10.22, SIIBDIVISION 2
�ND SECT�OPT 10.24, SIIBDIVISIOId 5 (B)
FILE #1188 �
WHEREAS, Sheldon and Helene Kaplan (hereinafter "the applicants")
are the owners of the property Iocated at 2695 Kel ly Avenue within the City '
of Orono (hereinafter "City") and Iegally described as Lots 1 and 2, Block
l, Carman Cove, Hennepin County, Minnesota (hereinafter "the property") ;
and
WH�R}3AS, the appYicants have applied to the City for a variance
to Municipal Zoning Code Section 10.22, Subdivision 2 to approve an excess
of existing hardcover of 6,130 s.f. or 30$ where only 5,109 s.f. or 25� is
allowed on Lot 2 and per Section 10.24, Subdivision 5 (B) to approve an
area variance for Lot 2 consisting of 26, 960 s.f. or .62 acres of Yot area
where 43,560 s.f. or 1 acre is required and per that same section to
approve an area variance for undeveloped Lot 1 consisting of a contiguous
• building envelope of 16,757 s.f. or .39 acres where 43, 560 s.f. or 1 acre
' is required.
NOW, THERBFORE, B$ IT RESOLVED by the City Council of Orono,
Minnesota:
FYNDIIdGS
1. This application was reviewed as Zoning File #1188.
2. The property is Iocated in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. Lot 1 is undeveloped and has been assessed for both sewer and
water.
4. Lots 1 and 2 have been retained as independent parcels and have
never been legally combined for tax purposes ; each lot is taxed
separately by the State. � ,
5. An independent safe access can be provided to Lot 1 if developed
in the future. This access has been reviewed by the Public Works
Director.
6. The proposed development of Lot 1 at .39 acres appears consistent
with the pattern of surrounding development of the Carman Road
. neighborhood. 4 of the 7 Iots, or 57�, adjacent to Carman Road are
similar in area ranging from .2 to .4 acres.
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� RESOLUTION OF THE CITY COUNCIL
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7. Both the proposed new building site and the site with existing
residence are simi Iar in area to other common - ownership lots which
have been approved as building sites since 1984 within the LR-1B
zoning district� as follows: ,
Homestead Vacant �
Lot Lot
#830 Smiley, 2720 Pheasant Road . 65 .59 •
#1051 Glesne, 1475 Cherry Place .68 .64 �
#1084 Maxfield, 4175 North Shore Drive . 57 . 46
#1124 Lange, 4160 Forest Lake Drive .40 .45
8. The lots were created in the early 50's prior to the City's
adoption of ordinances that would have provided standards for the
' development of lots.
• 9 . The applicants have owned the lots for approximately 30 years.
10. Lot 1 contains no accessory structures and would appear to serve
merely as additional area receiving minimal maintenance.
11. Glenn Cook, the City Engineer, in a report dated October 6, 1987
states the following:
Development of Lot 1 on Kelly Avenue will not result in any
drainage problems for adjacent resident.
The run-off from the neighborhood is currently directed to the
City owned property South of Lot l. Development of this lot W�1 i
result in additional run-off to the lake because of an increase
in hardcover. We do not anticipate that this increase in run-off
will cause any significant adverse effect on the lake.
12. The City Council has considered this application including
reports by City staff, comments by the 'applicant and the effect of the,
proposed variances on the health, safety and welfare of the community.
13. 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, Iight, 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 applicant; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City. �
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� Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2283
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CONCY.IISIOPiS, ORDffit 1�ND CONDITIOAiS
Based upon one or more of the findings noted above, the Orono '
City CounciY hereby grants variances to Municipal Zoning Code Section
10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) approving Iot .
area and hardcover variances for Lot 2 and an area variance for Lot 1 to
a�Iow the lot to be developed, subject to the following conditions:
1. AppYicant shall relocate lakeshore dock on Lot 2 prior to sale of
Lot l, such dock shall meet aYl current standards of the Lake
Minnetonka Conservation District. Upon sale of Lot l, a dock can not
be constructed on the Iakeshore unti 1 a Certif icate of Occupancy i s
issued for the new residence and a building permit is obtained from
the City for the dock construction.
' 2. The maximum allowed hardcover for Lot 1 is 2,009 s.f. or 25$.
� 3. Hardcover on Lot 2 is approved at 6,100 s.f. or 30�. Any future
improvement of the property that will result in additional hardcover
over the approved 30$ may necessitate equal or matching accounts of
resolu�ion of existing hardcover.
4. Prior to the sale of Lot l, the private fence located on public
property must be removed. Applicant should be advised that no
fence/structure can be I.ocated within 75 feet of the lake.
Se Authorities granted with this resolution run with the property not
with the applicants, 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 (October
26, 1988 ).
6. Violation of or non-compliance with any of the terms and
conditions 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. '
7. The undersigned applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resoYution in the chain of title of the property.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2283
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Adopted by the Orono City Council on this 26th day of October,
1987. �
ATT ST: '
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�. � .
othy M. lin, City Clerk Jame R. Grabek, �
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Property Owner(s) --
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• . RESOLUTION OF THE CITY COUNCIL- �
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• STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this ��� day of . 1987 .
before me a Notary Public within and for said county, personally
appeared �.,�.Q.,�� ��- ��� 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. �
�---
��o�..�`� . ��.
� •� KATHLEEN M. HOLTON NOT RY PUBLIC
� NOTAqY PUBLIC�MINNES(1TA
• DAKOTA COUNTY
������
c�.��� a S� 1�t�3
MY COMMISSION 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 'ne the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY CONIMISSION EXPIRES
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