HomeMy WebLinkAboutResolution 2897 � �I�'J �r�� . �
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� �},�.� ' '���.r; RESOLUTION OF THE CITY COUNCIL
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A RESOLDTION GRANTING
A VARIANCE TO
MQNICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 9(C) (1) AND
GRANTING A CONDITIONAL IIS$ PERMIT PER
SECTION 10.27, SIIBDIVISION 3
FILE #1598
WHEREAS, Irwin L. Jacobs (hereinafter "the applicant")
is the owner of the property located at 1700 Shoreline Drive
within the City of Orono (hereinafter "City") and legally
described as fol lows:
Refer to Exhibit A attached, (hereinafter "the property") ;
and
WHEREAS, the applicant has made application to the City
of Orono to permit construction of a guest house at 1,749 square
• feet per Section 10.27, Subdivision 3 and a variance to Section
10.03, Subdivision 9 (C) (1 ) as the guest house, considered an
oversized accessory structure exceeding 1,000 square feet in
area, would be the third oversized accessory structure on the
property where only �one is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1598
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District requiring 2 acres in ,
area.
3. The property is approximately 31 acres in area, 22 of
which are considered dry buildable.
3. The Orono Planning Commission reviewed this application
on October 15, 1990 and recommended approval of the proposed
variances and conditional use permit, based on the following
findings and hardships:
A) The new guest house structure will replace an
• existing guest house structure.
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• � 't�`- � RESOWTION OF THE CITY COUNCIL
• NO. 2897
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� B) The property contains 22 plus acres of dry
buildable land and can easily satisify the area needs
of the guest house, existing principal structure and
existing caretaker residence ( 2 acres per each
residence equals 6 acres; 6 - 22 = 16 acres for credit
of accessory structures) .
C) Septic testing has confirmed suitable and adequate
soils for a conventional system.
D) All appropriate lot standards for the LR-lA zoning
district have been satisified with conditional use
permit proposal for guest house.
4. 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 properties ; would not merely serve as a
convenience to the applicant, but is necessary to al leviate
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.
5. The City Counci 1 f inds that granting a conditiona 1 use
permit to the guest house will not be detrimental to the
health, safety or general welfare of the public, would not
adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will it depreciate
surrounding property values and that the proposed level of
use of the property will be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the
City.
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's representative and the effect of the proposed
use on the health, safety and welfare of the community.
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; Clt� o� ORONO
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' RESOLUTION OF THE CITY COUNCIL
i • NO. 2897
� � - � � CONCLIISIONS, ORDER AND
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� Based upon one or more of the above findings, the Orono
i City Council hereby grants a variance to Municipal Zoning Code
Sections 10.03, Subdivision 9(C) (1) and a conditional use permit
- per Section 10.27 Subdivision 3 that would allow a guest house,
considered an oversized accessory structure, on a property that
� already contains two oversized accessory structures where only
� one is allowed. This approval is subject to the following
conditions:
l. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit for
the guest house within one year of the date of Council
approval, or the special conditions of this resolution will
expire on that date (October 22, 1991).
2. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation
of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a
• misdemeanor.
3. The undersigned applicant has 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 22nd day of
Oc ober, 1990.
A ST:
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Do othy linl City Cl�r Jam s R. Grabek Ma or
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Prope�tly�Owne�'/(s y
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�;,,�� RESOLUTION OF THE CITY COUNCIL
• NO. 2897
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 22nd day of October, 1990, 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 behalf
of the City. �
THERESA L. NAAB
�ypTppy pUBUC•MINNESOTA
MY E�ortu"Essi°^eCxP�as e-�� �i
Nota"ry Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
• On this � �'� day of .C�G' tob�i^ , 1990
before me a Notary Public within and for said county, personally
appeared � rw! n L . �'ac�o6s.
known to me to be the person(s) described in and who execute t e
foregoing instruinent, and acknowledged that he (they) exe.cuted
the same as his (their) free act and deed.
� s';� RpSE�IARYSlI�N�S x
SE AR►
, tdOTARY PUBI.IC-�MNN�,90TA
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� A9y Camm�on E�ns�2�19�i
x NOTARY PUBLI
STATE OF MINNESOTA )
)ss. '
COUNTY OF HENNEPIN )
On this day of , 199 , before 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
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• � RESOLUTION OF THE CITY COUNCIL
: :.��:,�. NO. 2897
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Exhibit A
That part of Government Lots 1 and 2 in Sectian 1U, in Township
� 11? of Ran�e 23 which is described as follows, tr� wit: Beginnin�
at � point 6 chains w�st of the meander post in th� southeast ��or-
ner of said Lot 2 in said Section 10; the thencE running north 20
chains more or less, ta the shore of Round Leke, sc-called; thEnr_.e
� along and� around the westerly and northerly shar•E of said La�e ta
the mer�ndez• corner• in the north Ehore of. said Lake and between
�Sec�i�n 10 and 11 i.n said Townshi�� anrl Ran�e; thence north on the
section line f�etween said Section 10 and 11 to the suutherly line
c,f the right-of-waS� of the Minnetonka Bran�h of the Gre�.t North�rn
Failway then�e �outhwesterly along said soiithez•ly line ot s�.id
right-of-way ta the point �f intersection of s�iid sauthEr�ly linr
of the said right-�f-way with the west line af �aid Lot 1; the*�cE
� turning and running in a straight line in a sUUtheastez•ly rlirec-
tion 654.8 feet, more or l�ss ta K point wn�.cc! is 23E.8 feet eas�
- af the west line of said Lot 2 and at the same time 304 feet sauth
�of the narth line of sair� lot 2; thencE, south an a line garallel
with and distant �236.8 feet east from the west line af said Lat �,
1016 feet more or lESS, . to the narth shore of Lake Minnetanka;
thence easterly along the said shore of said Lake Minneton�:a to
the plac� af be�inning, according to thE government •survey thereof
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