HomeMy WebLinkAboutResolution 2650 . �
c�ty o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
� NO. 2650
• - • •
A RESOLDTION GRANTING
A VARIANCE TO
M�NICIPAL 20NING CODE
SECTION 10.23, SIIBDIVISION 6(B)
FII,E #1410
WHBREAS, Ronald and Julie Prineas (hereinafter "the
applicants") are owners of the property located at 1980 Heritage
Drive within the City of Orono (hereinafter "City") and legally
described as follows:
Per Exhibit "A" attached (hereinafter "the property");
and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6(B)
to permit the construction of a single family residence on a lot
of defined width 30 ' where a defined Iot width of 200 ' is
normally required.
NOW, THSREFORE, BE IT R$SOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1410.
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on May 15, 1989, and recommended approval of the proposed
variance based upon the following findings:
a) The lot area exceec3s the minimum 2.0 dry buildable
acre requirement.
b) A feasible building envelope exists in addition to
primary and alternate drainfield sites which have been
tested and approved for use.
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Clty of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2650
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� c) The hardship to the property lies in its extreme
narrowness at the point where the defined lot width is
measured. Furthermore, there is no adjacent land
available for purchase that would increase the defined
lot width to the 200' minimum standard.
4. The Hennepin County Department of Public Works has
verified that the County will approve a private driveway
access onto County Road 15.
5. Although the property contains a feasible building site,
that site is limited by narrowness of the lot and by the
designated drainfie ld sites, hence careful site planning
will be required in developing the property. Therefore, it
is appropriate that a diagram of the building envelope and
drainfield sites be filed with this resolution to make
future potential buyers of the property aware of the site
limitations.
6. 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.
7. The City Counci 1 f inds that the conditions existing on
this property are peculiar to it and do not apply genera lly
to other property in this zor.ing 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 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.
CONCLDSIONS, ORDBst AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.23,
Subdivision 6 (B) to permit the construction of a single family
" residence on this lot of defined width 30' where a 200 f oot
defined lot width is normally required for construction of a
single family residence, subject to the following conditions:
Page 2 of 5 _
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2650
• - • •
1, Any proposed resic3ence must meet the required minimum
setbacks established for the LR-lA zoning district, and must
further meet the required setbacks from drainfield sites.
2. A diagram of the building envelope and approved
drainfield sites shall be attached to this resolution as
Exhibit "B", to advise future potential buyers of the
property of the building site limitations.
' 3. Any proposed residence or development of the property
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shall meet the hardcover requirements of the LR-lA zoning
district.
� q�. No other zoning variances for de velopment of this
property wi 11 be granted.
5 , The approved access for the property is a single
driveway at County Road 15.
! 6, The standard park fee shall be co 1 lected by the City at
? the time a building permit is issued.
� �. 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 (June 26 , 1990).
g. 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.
� 9. The undersigned applicants have read, understood and
i hereby agree to the terms of this resolution and on behalf
' of themselves, their heirs, successors and assigns, and
� hereby agree to the recording of this resolution in the
chain of title of the property.
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• 1 �
Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2650
• - • •
Adopted by the Orono City Council on this 26th day of
June, '1989. '
ATT T:
.
orothy Hallin, City Clerk Jame R. Grabek, ayor
� �
�}�i...J�-.-, ..-�..--�r'`�
perty Owner(s)
TATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me on
this 26th day of June, 1989, by James R. Grabek and Dorothy M.
Hallin, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary ,�,.,,,.., � HEfFLER
�; � '..:.,, LAURIE .
� ��` NOTARY PU6UC-MINNESOT/�
�� ��;� HENNEPIN COUNTY
�,;�;�,`.;:s'�' My commiision�xpires6•8•93
My Commi res
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� cit� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
� NO. 2650
• - • •
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STATE` OF ��'A �
D� p� � SS.
COUNTY OF �i�� )
On this �t� day of �`'�`�' , 198�
before me a Notary Public within and for s id county, personall
appeared lZo N R�b ��-r^�S f'��N�iS 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.
'!.t/1�-Z./Y �., , `�?-�-- .
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1t10TARY UBLIC
c , �c .^,E iLQP.IDA•
NOTARY 8U3Lw, _T�' n
�.'`� C(�I��t1ISJ�NJfA X�rRtlriG 1iN1LC�1IRI�Ei�J.
iUPIOnD TMRu
MY COMMISSION EXPIRES
�LaR�b Pr
STATE OF �
bAD� �SS.
COUNTY OF � )
� $r� day of � 198q, before me
On this � '
a Notary Public within and for said County, personally appeared
J u�-I�:NNL �51�L��) PRIN�AS known to me to be the
person(s) described in and who executed the f oregoing instrumeat,
and acknowledged that he (they) executed the sa�az as hi�
(their) free act and deed. - �
OTARY UBLIC
NOTARY PUBLIC, STATE OF FLCRiDA.
h1Y CO(+jMiSSiON EXFIRES:OCT.29. 1991•
BONDED TNRU NOTARY PUeLIC UNGERWNITLRY�
MY COMMISSION EXPIRES
Page 5 of 5
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EXHIBIT A ' +'i�"t
RESOLUTION NO. 2650 '�,� +'!
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Descrivtion: � �i�`
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Tracta A and B, Registered Land SUrvey No. 96, Files of Registrar of Titles, Count of Henne in, " r��• ���
Y P � g;,,_ '�a',
and that part of Lot Six (6) lying Southwesterly of a line drawn across said lot parallel to i`!t��'. �
and 105 feet Northeasterly from the Southwesterly line of said lot, Auc�itor' s Subdivision `�;'�'��'�{; .
Number 356, Hennepin County, Minnesota, according to the map or plat thereof on. file and of �'i�=�`�`;�`
record in the O�fice o£ the Registrar of Titles of Hennepin Count3�, Minnesota. Together with � �!`��;'�``
an easement for road purposes over the Westerly 20 feet of Lot 5, Auditor's Subdivision Number 356,ii}�:'���'�'
Hennepin County, Minnesota. ;, ; .,,
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