HomeMy WebLinkAboutResolution 2839 o �4},. � . . .
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' `''y'°"� A RRSOI.IITION GRANTING
VARIANCI�S TO
MIINICIPAL ZONING COD$
SECTION 10.28, SIIBDIVISION 5 (B)
AND DENIBS VA�tTANCSS TO ,.
SECTION 10.03, SIIBDIVISION 15 (C)
AND SECTION 10.03, SDBDIVISION 16
FII�E #1502
WH$R$AS , Michael Hilbelink (hereinafter "the
applicant" ) has an interest in the property located at 2180
Prospect Avenue within the City of Orono (hereinafter "City") and
legally described as follows:
Refer to Exhibit A attached (hereinafter "the
� property"); and
WHEREAS, the app 1 i cant has app 1 ied to the City f or a
variance to Municipal Zoning Code Section 10.28 , Subdivision 5
(B) to permit the construction of a single family residence on a
• lot that consists of 22,490 square feet or .516 acres where 2
acres is required and a side/street setback variance that would
place the structure 30 ' instead of the required 50 ' . The
applicant also seeks variances to Section 10.03, Subdivision 15
(C) and Section 10.03, Subdivision 16 to allow a 5' fence in a
required yard area that would allow a 3' to 3-1/2' high fence.
NOW, TH$REFORE, BE IT RESOLV$D by the City Counci 1 of
Orono, Minnesota:
. FINDINGS
1. This application was reviewed as Zoning File #1502.
2. The property is located in the RR-1B, Rural Residential
Zoning District requiring 2 acres of dry contiguous land.
The subject property consists of 22,490 square feet or .516
acres.
3. The Orono Planning Commission reviewed this application
on March 19 , 1990, April 16, 1990 and May 21, 1990 and
recommended approval of the proposed variance application as
amended based upon the following findings:
a) The property consists of .516 acres and is subject
to 2 � acre zoning standards.
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� Q�' "•` RESOLUTION OF THE CITY COUNCIL
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b) The area of the property is consistent with the
surrounding one half to three-quarter acre pattern of
development within the Crystal Bay neighborhood.
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c) The property is served with sewer. •
d ) There is no additional area available for
acquisition to increase the building envelope.
4. The City Council concurs with the Planning Commission's
recommend.ation to deny a variance to Section 10.03 ,
Subdivision 15 (C ) and Section 10.03 , Subdivision 16
requiring height and setback variances for proposed fencing
along the south lot line finding the placement of a fence at
that height to be a hazar.d to the public who use the
intersection of Prospect and Briar Street and to find
natural plantings along the south line a more acceptable
method in achieving the desired level of privacy.
5. 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,
saf ety and we 1 f are of the community.
6. The City Counci 1 finds that the conditions existing on
this property are peculiar to it and do not apply general ly
' 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 al leviate
a demonstrable hardship or difficulty; is necessary to pre-
serve 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, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby denies variances to Section 10.03 ,
Subdivision 15 (C) and Section 10.03, Subdivision 16 and grants
variances to Munici.pal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of a single family residence
requiring approval of an area variance of 64,630 square feet or
• 1.4 acres at 74$ and a side setback variance of 20' or 40$, �
subject to the following conditions:
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w`�`" RESOLUTION OF THE CITY COUNCI L
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1l�R�ior to the issuance of a building permit by the City :
for new construction, all drainage improvements within
French Creek as shown on plans of City Engineer dated July
2, 1990 entitled "Ditch Grading" must be completed and
��applicant must provide proof from the County that delinquent .
real estate taxes and special assessments have been paid.
Applicant is further advised that there is approximately �
$6,825.84 incurred by the City as a result of a previous
Hazardous Building Action against this property. This fee
is in the process of being assessed against the property.
Applicant will have an opportunity to pay this off prior to �
the formal assessment to be ordered by the Courts.
2. New driveway access at Briar Street must be reviewed by
Public Works Director prior to the issuance of a building .
permit. � .
3. Connection to municipal sewer prior to the issuance of
a Certificate of Occupancy for new residence.
4. City Engineer to review final drainage/grading plans •
• for new construction prior to issuance of a building permit. �
5. Granting of a 15' wide drainage easement along the
north boundary line and the granting of drainage and utility
easements 10' along southern property line and 5' along west
property line.
6. With the approval of this variance application, the
City hereby agrees to install the drainage improvement as
defined in the above referenced plans. Applicant shall pay
to the City a sum of $400.00 prior to your applying for a
building permit. This sum shall cover the estimated cost of '
the excavation of the drainage swale. The City agrees to �
maintain erosion control until ground cover is restored.
Applicant shall maintain erosion control on his property
throughout construction to prevent any restriction of
drainage system along �northern border of property. The
existing drainage swale within the northern boundaries of . ,
the property shall not be moved further north so as to
further encroach into the immediately adjacent property to
the north.
7. 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 (July 23, 1991).
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�<�`� � RESOLUTION OF THE CITY COUNCIL
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� `'�`��� ' 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 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 23rd day of
Ju y, 1990.
• AT T:
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D othy allin, ity Clerk Jame R. Grabek, Mayor �
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Pro erty Owner s .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 23rd day of July, 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.
'�� .
B Notary Public
. �ARE PEB�aL•�jNNESOTA
H�mE�poN e�Qg�g-8-92
,� q-�-�a-
. My Commission Expires
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���' � �' NO. 2839
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
On this
`�� day of �— . 199�
before me a Notary Public within and f said county, personally
appeared �' �' ' -2_ 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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NOTARY
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THERE8A L. NAAB
_ NOTARY PUBLIC•MINNESOTA
HENNEPIN COUNTY
• �A�►Cortunlstion�cplros�.9-s2
MY COMMISSION EXPIRES
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) f ree act and deed.
NOTARY PIIBLIC �
MY COMMISSION EXPIRES
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RESOLUTION OF THE CITY COUNCIL
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EXHIBIT A :.
LEGAL DI:SCRIPTION:
All that part of the Northeast Quarter of tiie South-
west Quarter of Section 10 , Township 117 North, Range
23 West of the 5th Principal hieridian describeci as
follows: Beginning at a point on the west line of th
Northeast Quarter of the Soutl�west Quarter of said
Section 10 515 . G25 feet nortl� of the southwest corner
. of said Northe��st Quarter of tl��e Soutliwest Quarter;
thence Nortli 130 . 00 feet; tl�ciice r:ast 20II . 00 feat;
�thence South 130 . 00 feet ; thence West 208 . 00 feet to
__the point of becrinnir�g. .
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