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" . A R$SOLIITION GRANTING �
A VARIANCE TO
� MIINICIPAL ZONING COD$
SECTION 10.28, SDBDIVISION 5 (B) AND
APPROVAL FOR CONSTRIICTION ON A SUBSTANDARD LOT
OF RECORD PDRSIIANT TO
S$CTION 10.03, SIIBDIVISIONS 6 (A) & (C)
FILE #1425
WH$REAS, Ward and Mary Ferrell (hereinafter "the
applicants") are owners of the property located at 3405 Watertown
Road within the City of Orono (hereinafter "City") and legally
described as follows:
PARCEL 1 That part of the Southeast 1/4 of Section 32,
Township 118N, Range 23W, described as follows: Commencing
at a point on the South line of said Southeast quarter, 50
rods West of the Southeast corner thereof; thence West along
said South line 263 feet; thence North at right angles to
said South line to the public road; thence Southeasterly
� along said road to a point directly North of the point of
beginning; thence South to the point of beginning. (A1 so
known as P.I.D. #32-118-23 44 0009 ) ; and
That part of the Southeast 1/4 of Section 32, Township 118N,
Range 23W, described as follows: Commencing at a point on
the South line of said Southeast quarter, 50 rods West of
the Southeast corner thereof; thence North 6 rods to the
center of the public road; thence Southeasterly along said
road to the South line of said Section 32; thence West to
the point of beginning; excluding the public road. (Also
known as P.I.D. #32-118-23 44� 0010 ) ; and
PARCEL 2 That part of the Southeast quarter of �Section 32,
fiownsTiirp 118N, Range 23W, described as follows: Beginning
at a point on the South line of said Southeast quarter, 10+88
feet West of the Southeast corner thereof; thence West along
said South line 140 feet; thence North at right angles to
said South line to the public road; thence Southeasterly �
along said road to its intersection with a line drawn North
through the point of beginning at right angles to the South
line of said Southeast quarter; thence South to the point of
beginning. (Also known as P.I.D. #32-118-23 44 0008); and
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'=�'. RESOWTION OF THE CITY COUNCIL
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�'` " ~�`� EL 3 That part of the Southeast quarter of Section 32,
Township 118N, Range 23W, described as follows: Beginning
at a point on the South line of said Southeast quarter, 1228
feet West of the Southeast corner thereof; thence West along
said South line 140 feet; thence North at right angles to
said South line to the public road; thence Southeasterly
along said road to its intersection with a line drawn North
through the point of beginning at right angles to the South
line of said Southeast quarter; thence South to the point of
beginning. (Also known as P.I.D. #32-118-23 44 0007); and
WHERSAS, for discussion purposes, the property has been
defined as 3 separate parcels as described above and per Exhibit
A attached; and
WHER$AS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5
(B) pursuant to Section 10.03, Subdivisions 6 (A) & (C) to permit
the construction of a single family residence on a combination of
Parcels 2 and 3 described above, consisting of 1.89 acres in area
• where a 2.0 acre lot area minimum is normally required for
construction of a single family residence; and approval of the
separation of the aforesaid 1.89 acre parcel from the commonly
owned adjacent 1.01 acre parcel (described above as Parcel 1)
containing the existing residence. .
NOW, THEREFORE B$ IT RESOLVED, by the City Council of
the City of Orono:
FINDINGS
1. This application was reviewed as zoning f ile #1425.
2. The property is located in the RR-1B single family rural
residential zoning district.
3. The RR-1B zoning district requires a minimum lot size of
2.0 dry buildable acres in order to construct a single
family residence. ,
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` . t the time the applicants purchased the property in
August 1948, the property contained approximately 4.19
acres, undivided, and contained only the residence located
at 3425 Watertown Road. At the time applicants purchased
the property, no Township of Orono zoning district nor lot
size standards are known to have been in effect.
5. On September 12, 1955, the Council adopted Ordinance No.
7, Platting Code, requiring that all lots to be created
shall have a minimum lot width of 100' at the building line,
30 ' at the street line, and 15,000 square feet minimum area.
6. On March 11, 1956, the Council adopted Ordinance No. 10
establishing the "Residual Zoning District" in which the
applicants' property was located, allowing private
residential uses.
7. On February 10, 1958, the Council adopted Ordinance No.
, 15, to amend the platting code, requiring that building Iots
created by new subdivisions must be at least 25,000 square
• feet in area, and at least 120' in width at the building
line.
8. On September 22, 1958, the City Council approved the
request of Mr. Ferrell to construct a second residence on
the undivided property. The request was granted subject to
approval of the Planning Commission. Subsequently, Mr.
Ferrell was issued a building permit to construct a new
residence on October 13, 1958, which residence is now known
as 3405 Watertown Road.
9. Sometime during 1958-1959, Mr. Ferrell subdivided the
property so that 3425 Watertown Road was contained within a
separate 1.29 acre parcel, the new house at 3405 Watertown
Road was located on 1.01 acre parcel (Parcel 1 per Exhibit
A), and 2 additional parcels (Parcels 2 and 3 per Exhibit A)
were created between 3405 and 3425 Watertown Road.
, 10. On October 12, 1959, the Council adopted Ordinance No.
22 establishing a minimum building lot size of 1 acre and
minimum 140' width at the building line for all building
lots. Ordinance No. 22 also allowed the Council at their
option to grant variances to existing lots in single
separate ownership that do not meet these standards.
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±`�' �`.'"4 n September 14, 1967, the Council adopted the Orono
Zoning Ordinance designating the R-1C zoning district in
which the property is located, requiring a minimum of 1 acre
in area and 140 ' minimum width.
12. On January l, 1975, the current zoning ordinance came
into effect, rezoning this property to RR-1B, rural
residential zoning district, requiring a minimum lot size of
2.0 acres in area and 200' minimum width.
13. Mr. Ferrell has retained ownership of Parcels 1, 2 and
3 since their creation as a result of the 1958-59
subdivision.
14. In 1985, Mr. Ferrell applied for variances to construct
a residence on each of Parcels 2 and 3. On February 18,
1986, the Planning Commission, after numerous reviews of the
application, recommended denial of variances to construct a
single family residence on each of Parcels 2 and 3, but
recommended approval of 1 new building site using the
� combined Parcels 2 and 3.
15. On May 8, 1989, the City Council adopted Resolution
#2637, denying the variance request for 2 new building
� sites, but waived the normally required 6 month delay for
resubmittal of a variance application to approve 1 new
building site to be created either by combining Parcels 2
and 3 or by rearranging lot lines in conjunction with a
legal combination to create 1 new building site.
• 16. On June 28, 1989, Mr. & Mrs. Ferrell applied for
variances to combine Parcels 2 and 3 into a single lot of
1.89 acres to construct a single new residence, leaving the
existing residence on Parcel l, of 1. 01 acres. .
17. On July 17 , 1989 , the . Orono Planning Commission
reviewed this application and recommended denial of the lot
area variances on a vote of 3-2, finding that approval of
the lot area variance would set a precedent in the rural
zoning district by creating a substandard lot.
18. The applicants maintain that they divided the property
in 1958-59 at the request of then Mayor Herb Ross. The
zoning code in effect at that time did not necessarily limit
development to only 1 residence per building lot. Mayor
Ross would not apparently have been legally bound to request
� that a division be completed in order to allow the new house
which was permitted in 1958.
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. The applicant maintains that the property was divided
such that new homes could be built on each of Parcels 2 and
3 according to City codes at the time of division. The
exact date of the filing of the division has not been
established. If it was prior to October 12, 1959, both
Parcels 2 and 3 would have been conforming lots under the
code in effect at that time.
20. The applicants have provided soil testing, proposed
septic system designs, and proposed site plans for each of
Parcels 2 and 3 which indicate that technically, primary and
alternate drainfield sites can be provided to serve a
residence on a combination of Parcels 2 and 3 meeting the
� required sanitary setbacks. In reviewing variance
applications, technical feasibility is one of the criteria
considered by the City. The City also considers, as a
matter of policy, the potential adverse effect of higher
density housing on the quality of Lake Minnetonka and the
potential adverse effect on the general health, safety and
welfare.
• 21. The applicant maintains that when the zoning was
proposed to be changed f rom R-1C (1 acre) to RR-1B (2 acre)
in 1974, he attended the public hearings and was told that
his lots would stil 1 be buildable under the new zoning.
This occurence has not been documented by the applicant, nor
can it be verified by the City. Minutes of the public
hearing indicate only general comments were made regarding
existing lots of record. Regardless of what was said at
those public hearings, the zoning code adopted by the City
Council would be binding.
22. Mr. Ferrell was notified in writing by the City staff
in 1981, upon inquiry, that under the current code, no
building permits for a new house would be issued, and that
no apparent basis existed for the granting of variances.
23. The 1984 zoing code currently in effect includes
Section 10.03 , Subdivision 6 (C) which prohibits the
"transfer or sale of non-conforming, undeveloped lots not
served by public sanitary sewer, aligned in a continuous
arrangement, undivided by a� public or private road or road
easement and under the same or common ownership" unless
specifically approved by the City Council, or unless the
resulting lots satisfy the area and width requirements of
the zoning code. No performance standards for approval of
• such transfers appear in the code.
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'' 2687
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:' The Council finds that granting of the proposed
variance to allow one new building site on a lot of 1.89
acres will not� set an adverse precedent for the following
reasons:
A) The property exists as individual lots of record,
and the application is for variances to construct a
residence on existing lots, and does not hold the same
weight as would the creation of new substandard lots.
B) The extent of the variances requested is not
excessive for the RR-1B zoning district; at 1.89 acres
in area, the proposed building lot meets 94.5$ of the
2 acre standard for the RR-1B zone.
C) The density of 2 septic systems on a total of 2.9
acres (including the existing residence ) is not
excessive because the applicant has provided
documentation that primary and alternate drainfield
sites exist on the 1.01 acre parcel with the existing
• house and on the 1.89 acre new building site to support
future septic needs.
D) Although the property is currently used as a
conforming residential building site, the applicants
would be deprived of reasonable use of the property if
not allowed .l additional residence.
E ) The applicants have demonstrated sufficient
hardships to justify granting of the requested
variances.
F) The magnitude of the precedent set by this approval
would be insignificant when considered in relation with
the entire rural zone of the City.
25. The granting of the proposed variance to construct 1
new residence will not require the extension of City water
and sewer to maintain the standards set forth in the Orono
Zoning Code and Comprehensive Plan for an urban sized lot.
The applicant has demonstrated that both the existing lot
and the proposed building site can maintain suitable on-site
sewer and water systems.
26. Granting of the variances will not have an adverse
ef f ect upon the hea 1 th, saf ety and we 1 f are of the community
• for the reasons outlined herein.
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. �� The amount of light and air in the neighborhood wil l
not be diminished by adding 1 structure on a combination of
Parcels 2 and 3.
28. The values of surrounding properties will not be
adversely affected by adding a structure on the combination
of Parcels 2 and 3.
29. The granting of the variances is necessary f or the
preservation and enjoyment of a substantial property right
of the applicants.
30. The granting of the variances will not serve mainly as
a convenience to the applicants, but is necessary to
alleviate demonstrable hardship or difficulty.
31. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff , comments by . the
applicants, and the effect of the proposed variance on the
• health, safety and welfare of the community.
32. 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 applicants , but is necessary to
alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the �
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLIISIONS, ORDffit AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.28, Subdivision 5 (B), pursuant to Section
10.03, Subdivisions 6 (A) and (C) to permit the construction of a
single family residence on a 1.89 acre parcel identified as a .
combination of Parcels 2 and 3 legally described elsewhere in
this resolution, and further grants a variance for the existing
residence to remain on a lot of 1.01 acres where 2.0 acres is
normally required, subject to the following conditions:
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��,��' NO. 2687 ,
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. Prior to issuance of a building permit, applicant shall
complete the legal combination of Parcels 2 and 3 into a
single tax parcel.
2. The address for this buildable lot shall be 3415
Watertown Road.
3. A separate driveway access to Watertown Road is approved
for the proposed building site. The location of such access
driveway shall be approved by the Public Works Department
prior to driveway construction.
4. Applicant shall pay the standard Park Fee of $350.00 per
the current fee schedule prior to issuance of a building
permit for the new building site.
5. Authorities granted by 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 (August 28, 1990).
6. 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.
7. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on behalf
of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title of the property. •
Adopted by the City Counci 1 of the City of Orono,
Minnesota at a regular meeting held on the 28th day of August,
1989.
ATT T: •
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0 othy Hallin, City Clerk Jam R. Grabek, Mayor
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` Property Owner(s
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`M.�'"���`�'? RESOLUTION OF THE CITY COUNCIL
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;," ;,�::�}� MINNESOTA )
STiA�� L'
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
, this 28th day of August, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behal�f
of the City. ,
���4`'�� LAURIE K. SCHEFFLER '�
����,;; Not Public
.,rr�,+� NOTARY PUBLIC-MINNESOTA y
�-;� HENNEPiN COUNTY
�r.:.~..�.`,:'``• My commission axpires6•5-43 '
My Commission Expires
•
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RESOLUTION OF THE CITY COUNCIL
J ` ��� ~x NO. 2687 '
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STATE OF MINNESOTA )
' ) ss.
COUNTY OF HENNEPIN )
/
On thi s day of �-�p)_�� , 19 8�
before me a Notar�ublic within a for said county, personally
appeared �AR/�Y-F�R�.L„L ��A�� known to me to be
the person(s ) described iri and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
• , ' t
NOT Y PUBL
.� LAl1RIE . SCHEFFLER
�ty- NOTARY DU�LIC-MINNESOTA
'::��-i "«
�f���:'�'•'� My c mEm uEon e p�e 6TH-93
;u.��Y
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) � ,
On thi s day of , 19 8 , bef ore 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
�
MY COMMISSION EXPIRES
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