HomeMy WebLinkAboutResolution 2738 �
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};:'� RESOLUTION OF THE CITY COUNCIL
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A RSSOLDTION GRANTING
� A VARIANC$ TO
, 1KDNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (A)
FILE #1476
WH$REAS, David & Suzanne Prass (hereinafter "the
appYicants") have an interest in the property Iocated at 1065
Linden Lane within the City of Orono (hereinafter "City") and
Iega3.3.y described as fol.I.ows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 9
(A) to permit a pool and storage structure to remain on the
property that no 3.onger contains a principa�. residence. The
former residence was removed as a result of a hazardous building
action initiated by the City.
• NOW, TH$REFORE, B$ IT RESOLVED by the City Council of
Orono, Minnesota:
� FINDINGS
l. This application was reviewed as Zoning Fi1e #1476.
2. The property is Iocated in the LR-1B Single FamiYy
Lakeshore Residential Zoning District requiring 1 acre in
area. The property consists of 1.4 acres.
3. The Orono Planning Commission reviewed this application
on November- 20, 1989, and recommended approval of the
proposed variance based upon the following findings:
A) The pool structure is sound requiring only cosmetic
repair.
B) The residence was removed in October 1988 and had
not been inhabited for approximately 2 years before
� that time. The pool area has not had dai3.y supervision
for over 3 years.
C) The property exceeds the required 1 acre in area
and 140' width standards, and can Iegal.ly sustain a
� principal residence without the need for further
• variances.
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�� �,�,,i,�.�'����- RESOLUTION OF THE CITY COUNCIL
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° �' ''` 2738
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M1����' ''` The City Council has considered this appl.ication
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 weZfare 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 woul.d not adverseZy affect traffic conditions,
�.ight, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
convenience to the app3.icants, but is necessary to
alleviate a demonstrable hardship or difficul.ty; is
necessary to preserve a substantial property right of the
app�.icants; 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 Municipal. Zoning
Code Section 10.03, Subdivision 9 (A) to permit a pool and
storage structure to remain on the property without a principal
residence, subject to the following conditions: -
1. Appl.icants are to provide proof of current insurance
coverage for the City of Orono's officiaY records throughout
the duration of this variance approval..
' 2. An approved permanent covering must be install.ed over
the water retention area of the pool by Apri1 1, 1990.
� 3. If an application for a building permit for a new
residence has not been rea3.ized by September 1, 1990, the
pooY structure anc? storage structure must be removed within
30 days of the deadline date (October 2, 1990). Per Section
12.05 , Subdivision 1 (A) of the Municipal. Code, a
Certificate of Occupancy must be issued for the residence
. within 24 months of the issuance date of the building permit
for the principal structure on the property. Per Section
12.05, Subdivision 2 (B) , appl.icants are further advised
that a�.1 exterior construction must be completed within one
year f rom the i s suance date of a bui Yding permit f or the
principal structure on the property.
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•:,'� RESOLUTION OF THE CITY COUNCIL
i'"�.. -� �' 2738
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4. Prior to the City's filing of this variance resolution
against the chain of titl.e of this property, applicants must
f i l e with the City f or the I ega I combination of the 5
separate parcels that make up the property by December 29 ,
1989.
5. App�.icants may not construct a residential dock at the
shoreline as the property does not contain a principal
residence. A dock is considered an accessory structure.
. 6. Immediate pagment to the City of $340.00 for Iegal fees
resulting from a hazardous bui3ding action against the
property by December 29, 1989.
7. Upon application for a building permit for a new
residence, the survey submitted for this review must be
revised to show principal structures on the property to the
immediate north and south to determine an average Iakeshore
setback Iine. The new residence must meet the setback of
• � the average Iakeshore building Iine.
8. 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
for a principal residence within one year of the date of
� Council approval, or this variance wi3.Y expire on that date
(December ll, 1990).
9. Vio�.ation of or non-compliance with any of the terms ancl
conditions of this variance shal I constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishabZe as a misdemeanor.
10. 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
ac�ree to the recording of this resolution in the chain of
title of the property.
, Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the llth day of December,
1989.
A ST:
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Do othy M aYlin, City Cler Jame R. Grabek, I+�a��
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� `� '� • ����� NO. 2738
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STATE OF MINNESOTA)
)ss.
� COUNTY OF HENNEPIN}
, The foregoing instrument was acknowledged before me on
this llth day of December, 1989 , by James R. Grabek & 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.
��
No ary Public
LA Rlf K. SCHEFFLER
-r �IOTARY PUDLIC—MINNESOT/�
• �`•`�' � HENNEPIN COUNTY
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`�1e,�:-.�:' My eommiamion �xpins 6-8•93
� My Commiss 'on Expires
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�- '� RESOLUTION OF THE CITY COUNCIL
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Property Owner(s) �
pplica s)
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
thi s ��I�x���Xx�������,x�.�9�,xXi�tx���Mx�����&x���.
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������X 28th day ,of December, 1989, by Leah Rackner known to me
to be the person described in and who exectued the foregoing instrument
and acknowledged that she execute the same as her free act and deed.
� �
�w�, SIDNEY I. WEISBERG Notary P Iic
?y�tl ► NOTARY PUBLIC-MINNESOTA
� HENNEPIN COUNTY 1 l
My Commissian Expires May 11.1991 � -
���� My Co is on Expires
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y-,�,��, r RESOLUTION OF THE CITY COUNCIL
, �:,-.:.•.:.. ,�:µ;, NO. 2 7 3 8.
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this o� �� day of � , 198 ej
before me a Notary Public within and for said county, personally
appeared ��g�/)n {», �°/���5 known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowYedged that he (they) executed the same as
his (their) free act and deed.
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f�.'�••�W�t �����L.�Y � , v r. \ `�`� _ .
.�!� +� NOTARY PUBLIi;- .t„�;;�.��:L�q c .
� HENN�PIN COUNTY NO P LIC
• MY�mmis9lon Expires May 11.1991
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� MY CO I ION XPIRES
• STATE' OF MINNESOTA ) - � �
)ss. �
COUNTY OF HENNEPIN )
On this o� �TI�- day of � : , 198�, before me
a Notary Public within and for said County, personally appeared
5'u'2AN N F D. P�c�}SJ 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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D'°'�'�`a`10' NOTARY P LIC
SIDNEY I.WEISBERG
��► NOTARY PUBUC-MINNESOTA �
HENNEPIN COUNTV { .
My Commission Expires�+tay�1.1£�i ,.
M.,,,x,,.�.,o,, -- . � � 15�5
� MY COMMIS I EXP ES
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`��� `� RESOWTION OF THE CITY COUNCIL
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��.�°=�'�`�� NO. 2 7 3 8
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LEGAL DI:SCRIPTION: . . . � .� . � '! • . • •;: : �
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. � �• That ,par`t of� Lots Ten ,( 1 0) , L�leven. ;( 1.1 ) � and ..Twelve ( 12 ) ,
. . . � "Linden' 13each, " described�,. as�;�follor�s:.:; :IIeginni.n.g at the
� � . � . � ' Southwest ;corner of' said Lot,�' °.Ten;�.( 1,0 ) ; ' thence�;'�ast along
.� , the South j�line of said'���lot; a.`'distance- of`,•EigYity-four
� ( 84 ) feet; thence Nor.thwesterlx�, along,`a� line,•�,which would .
�. intersect : the:� North li.ne���of Lot� Twelve.. ( 1.2) at���•a �oint One
Hundred Eighty=tive �( 185 ) : feet.� �ast�:•of� .the• Nor.thwest corner
� � � of said Lot :Twelve ( 1.2) , to a�. poin�'�;in .said Northwesterly
line, whicll is fifty-two . ( 52)� feet•.Southeasterly measured
alon,g said� line from.,.the :North;� line;:of� Lot' Twelve ( 1 2) ;
� . � . thence �West parallel !�wi�li� the��Nor�th�line �of;;Lot Twelye ( j 2)
to' the West line of °. said :Lot; � thence;;Southeasterly ,along
� the Westerly line of �Lots� 1 2,�� 1 1'; �nd � 10.�to, the:�point of
� ' beginning,� including one-hal.f' :,( 1/2) � of Linden��Lane, vacated,
� . � adjoining ,said lots ; according to ttie, pla.t .thereof c�n file
' . and of record in the �office of the Register :of ..Deec�s in
and f or Hennepin County, Minnesota .ALSO :���� ` . ;
�• Lots Six . ( 6 ) , Seven ( 7 ) ,. Eight �( 8 ) ; ,and Nin�� ( 9 ) , Linde�i
. Beac��, according to the plat thereof on file � anc� of- record
• in th� �ffice of the "Register of Deeds in and. for ElennePin
County, .Minnesot�.. ,�� . ; , - . ' . . _.
� �