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A RESOLDTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SOBDIVISION 5 (B)
FILE #1084 �
WH$R$AS, Robert Maxfield (hereinafter "the applicant") is
the owner of the property located at 4175 North Shore Drive
within the City of Orono (hereinafter "City") and legally
described as follows: �
Lots 49 , • 50 , 51 , 52 and the east 1/2 of Lot 53 ,
Highwood Lake Minnetonka, Hennepin County; Minnesota
(hereinafter "the property" ) ; and
WHLRE�IS, the applicant has applied to the City for a
variance to Municipal Zoning Code Sections 10.24, Subdivision 5
• (B) to permit the construction of a new single family residence
on combined lots 49 and 50, comprising 0.46 acre where 1.0 acre
in area is normally required, and a lot width of 100 feet where a
width of 140 feet is normally required.
NOW, THEREFOR$, B$ IT R$SOLV$D by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1084.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on October 20 , 1986 , and recommended approval of the
proposed variances based upon the following findings:
- .a) The existing house proposed to remain on lots 51, 52
and 1/2 of 53 is located 33' from the east line af Lot
51, 35' from the west line of the east 1/2 of Lot 53,
and 55' from the front lot line, meeting the required
setbacks for the LR-1B zoning district. Proposed lot
area for the existing house is 0.57 acre in this one-
acre district, with a proposed lot width of 125' where
. 140' width is required. The existing hardcover on
these three parcels is within the allowable limits.
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' b) The proposed building site comprised of Lots 49 and
50 will be of width 100 feet and depth 200' for a lot
area of 0.46 acre. This lot area and width, taking
into account the required yard area, provides a
building envelope of 80' width and 135' depth, and
would allow up to 6,675 s.f. hardcover, providing ample
area to construct a single family residence without the ,
need for further variances.
c) Lots 49 and 50 were each assessed for 1/2 sewer unit
and front footage. Lots 51, 52 and 1/2 of 53 were in
total charged 1 sewer unit and front footage. At the
time of assessment 1970 LS-1, Lots 49 and 50 were
considered as a separate building site even though the
• property was, at that time, vacant and zoned for 1-acre
minimum lot size.
d) A separate sewer stub has been provided to Lots 49
and 50.
e) Both the proposed building site and the site with
the existing residence are similar in area to other �
common-ownership lots which have been approved as
building sites in contemporary times in the LR-1B
zoning district.
f) The proposed new building site on Lots 49 and 50 is
larger than 29� of the currently developed properties
in the LR-1B zoning district.
4. The Hennepin County Dept. of Transporation has indicated
they will approve an access onto County Road 19 for the
property. ,
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. .
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6. The City Counci 1 f inds 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 al leviate
a demonstrable hardship or difficulty; is necessary to pre-
serve 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, ORD$R AND COAIDITIONS
Based upon the above findings, the Orono City Council
hereby grant variances to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit the construction of a six�gle
• family residence on Lots 49 and 50 of the property, which ldts
comprise 0.46 acre in area and 100 feet in width where 1.0 acre
in area and 140 feet in width are normally required for
construction of a residence; and grants variances to Section
� 10.24 Subdivision 5 (B) for the existing residence on Lots 51, 52 -
and the east 1/2 of 53, which lots comprise a parcel 0.57 acre in
area and 125 feet in width where 1.0 acre and 140' width are �
normally required, subject to the following conditions:
1. County driveway access permit must be obtained and
submitted prior to issuance of building permit for Lots 49
and 50.
2. Payment of $225 sewer trunk charge and $430 park fee at
the time a building permit is issued for Lots 49 and 50.
3. Maximum permitted hardcover is 6,675 s.f. on combined
Lots 49 and 50. _
4. Maximum permitted hardcover is 7,781 s.f. on combined
Lots 51, 52 and east 1/2 of 53.
5. Combination of Lots 49 and 50, and combination of Lots
51 , 52 and 53 must be completed prior to issuance of
building permits for either building site.
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• RESOLUTION OF THE CITY COUNCIL
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NO. 2079
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, 6. 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 (November 10, 1987 ) . .
7. 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.
8. The undersigned applicant has read, understood and here-
by 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 lOth day of
• Nove ber, 1986.
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ATT T:
o thy M Halli , City Clerk Ma y C. r, Mayor
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�.w��lMlp�w�.
(1) Property Owner
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��,;~�`' � RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �p�� day of ��C,�-,,�� , 1986
before me a Notary Public within and for said county, personally
appeared �f-,r, /`�a�,� I`�'/�,�'•�� 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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• � NOTARY PUB C ,
::,,, PAMELA J.WILLETTE
Notary Pubbc-Minnesota
Hennepin County
My Commission Expires
•'�M„,.,,,.t'' September 27.199Q
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
� ' )ss.
COUNTY OF HENNEPIN ) '
On this �D � day of ���`,-,,�� , 1986, before me
. �a � No ry Public within and for said County, personally appeared
,d�.e�-,C /��aX, .�i��,� � 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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NOTARY PUBL C
,.--.� PAMEtAJ.WILLETTE
Notary Public•Minnesoln
� Hennepin+County
'" MY Commission Expires
� °'�..�:,,�,�' September 27.199p �
MY COMMISSION EXPIR
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