The URL can be used to link to this page

Home My WebLink AboutResolution 2318 � .� .� r - d :� Cit� of ORONO � ` RESOLUTION OF THE CITY COUNCIL � NO. 2318 � ' • � • • A RSSOLDTION GRANTING � A �lARIANCE TO � MITNICIPAL ZONING CODE SECTION ].0.23, SIIBDIVISIOAT 6 (A) & (B) FILE #1104 WHER$AS, Gregg Perl, (hereinafter "the applicant") is the owner of the property located at 309 Westlake Street within the City of Orono (hereinafter "City") and legally described as follows: Lots l, 2, and 3 except the West 270' of said lots, Block 2, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (A) to permit the construction of a primary residential structure 35' in defined height where a defined height of only 30' is normally allowed, and a variance to Section 10.23, Subdivision 6 (B) to allow a 12' side setback for that structure where a 30' side setback is normally required, and to allow a 27.1' rear • setback where a 50' rear setback is normally required. IdOW, THEREFORE, BE IT RESOY.VED by the City Council of Orono, Minnesota: FaNDIPTGS 1. This application was reviewed as Zoning File #1104. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 17, 1987 and November 16, 1987, and recommended approval of the proposed variances based upon the following findings: A) Approval of the variance for a side setback of 12' , finding that the neighboring residence structure located at that side is more than 60 ' away, and this variance will not cause any° . significant encroachment on light, air or open space in the neighborhood. B) Approval of a variance for rear setback of 27.1 feet finding that the steep slopes behind the house makes it unlikely that a house could feasibly be constructed on the property to the rear and that that neighboring property to the rear is substandard in � size, does not have sewer available, and it is unlikely that a house could feasibly be constructed on that property except near Tonkawa Road, far from applicant's house. Page 1 of 4 �� ` : .,s City of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2318 � ' • - • • C) Approval of variance to allow a defined peak height of 35' at the front side of the house, finding that the steepness and length of the hill behind the house and the extent of existing vegetation will tend to eliminate the encroachment of that structure above the existing tree line, and hence W�i1 eliminate any visual encroachment of that structure into the character of the neighborhood. The structure will not likely be visible from the lake due to the topography of the neighborhood. � D) Applicant has revised his proposal so that the existing garage and the house will be attached, eliminating the need for a structure-to-structure variance. E) Hardcover allowed on the property is 35�. The proposed hardcover is 25.4 $. Hardcover is not an issue with this application. F) Applicant has provided information showing that it is feasible to construct interim repairs to the existing failing • septic system. Planning Commission noted, that this property is within the Stubbs Bay Sewer Study Area, with a potential for installation of municipal sewer at some future date. 4. 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. 5. 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, ORDSYt AYaD COYdDITIONS Based upon one or more of the f indings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a house with a defined height of 35' where a maximum height of 30' is normally allowed, • and a variance to Section 10.23, Subdivision 6 (B) to allow a side setback fo 12' where a 30' side setback is normally required and to allow a rear setback of 27.1' where a 50° rear setback is normally required, subject to the following conditions: Page 2 of 4 � � � Cit� o� ORONO �� _ � • RESOLUTION OF THE CITY COUNCIL � NO. 2318 � " • � • • � I l. Per applicant's revised proposal, the garage and residence structure shall be attached. � 2. Hardcover on the property shall not exceed 35$ or 13,100 s.f. 3. Applicant shall submit a revised plan showing the attachment of the garage to the house , for City review prior to issuance of the building permit. 4. AppYicant shall complete interim repairs to the existing, failing septic system no later than July l, 1988. An extension to that date may be granted by staff if installation of City sewer appears to be imminent and the existing system is functioning adequately at that time. Further, if installation of municipal sewer does not appear imminent as of December 31, 1988g a fully-conforming septic system shal 1 be installed on the property no later than December 31, 1989. . 5. 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 (December � 14, 1988). 6. Violation of or non-compliance with any of th� terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority grant�d herein, and shal 1 be punishable as a misdemeanor. 7. The undersigned applicant have 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 14th day of December, 1987. . ATT�ST: x � � �. ! `�� .. ` ,\ .. C...-..� ,.. - � othy Hallin, City Clerk Jame R. Grabek, Mayor • . _.�N, . p ner(s) Page 3 of 4 . . . ; . • �� clt� o� oR,oNo ;.� RESOLUTION OF THE CITY COUNCIL � NO. 2318 � � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �`�'� day of Fe,(�✓c.�c�r� , 198� before me a Notary Public within and for said county, personally appeared �/r�qq � Be�f-�� S p��'� known to me to be the person( described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� Patricia L. Petersun NOTARY PUBLIC �' iVOTARY PUBLIC - MINNESOTA _ HENNEPIN COUNTY � My commtssion expires 7-15-93 �- /s- 93 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, personal ly 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 MY COMMISSION EXPIRES • • Page 4 of 4 .