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Home My WebLink AboutResolution 2841 j; — .�,- `�`n�� ` �`�w �i.t� o� ORONO � ). s4{°='!+�,"W�� r:.., �r,*'��,�` '. ;,;;n �- RESOLUTION OF THE CITY COUNCIL ; � � �:::.. . NO. 2841 • - i • � ,.,..._., A RSSOLIITION GRANTING ' A VARIANCE TO MiJNICIPAL ZONING CODE � SECTION 10.28, SIIBDIVISION 5 (B) • FILE #1527 WHSR$AS ; Lyndon S. (Bill ) Stubbs (hereinafter "the applicant") is the owner of property located at 2555 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: � Lots 9 and 10, Auditors Subdivision #229 , Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a • variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of 1.46 acres of dry contiguous lands instead of the required 2 acres in area. � � : NOW, THEREFORE, BE IT R$SOLVSD by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1527 . 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres of dry contiguous area. The subject property consists of 63 ,598 s.f. or 1.46 acr_es in area (.06 acres ' of drainageway). 3. The Orono Council reviewed this application on July 9 , 1990 and conceptually recommended approval of the proposed variance based upon the following findings: A) There is no additional dry buildable land adjacent to the property to increase building envelope. B) Adequate and suitable area for on-site septic development has been found in the upper elevations of the property. C) A house can be located on this site meeting all required setbacks from wetlands/drainageway and street. . Page 1 of 6 r f, ' . ,..t `,;.� . � � �� C�t o� ORONO ��t�� = �' � � ¢�� . ';- RESOLUTION OF THE CITY COUNCIL -;��;�� ,�. NO. 2 841 � -� � . D) The location of the house will provide minimal impact on existing residential development to the west. �� E) The property was zoned R-1C requiring 1 acre in area at � , the time the applicants purchased the property 20 years ago. 4. 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. 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 � 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. � CONCLIISIONS, ORD�R 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 10.28 , Subdivision 5 (B) to permit construction of a single family residence on a property that consists of 1.4 acres of dry buildable land instead of the required 2 acres, subject to .the following conditions: l. Prior to the City issuing a building permit for new residential construction on this property, the applicant or future owner must have completed the registration of the property submitting proof of the Court's action that would add .42 acres of dry lands to the existing substandard building envelope. 2. On-site septic areas to be protected during construction as these are the only suitable areas on this property for septic development. 3. Prior to the development of final building plans for the residential development of this property, the future owner an or • Page 2 of 6 ! . t , . " ..}'�'��._4�,2 . � � C�t� o� ORONO � . �� RESOLUTION OF THE CITY COUNCIL � NO. � 2841 G` F4:. r• - • ...• ..,�:a . s... owner's consultants shall meet with the Orono Building and Zoning staff so that the special conditions of this variance application � m� be reviewed. + : 4. Upon application for a building permit the developer shall provide a grading�plan for alteration of drainageway. Such plan shall be subject to review and approval by the City Engineer. The alteration of the drainageway shall be confined to the excavating and defining of the banks of the drainage path. 5. The following shall be the guidelines for residential construction on this severely limited site: A. Future owner placed on notice that the water use for the residential structure is limited to 600 gal lons per day • or 4 bedrooms. The residence must be installed with a meter to determine water use levels. The meter shall be so installed so as to determine the amount of eff luent entering ' septic systems and shall not monitor but exclude the water � usage for outdoor landscaping. ` B. No setback variances are to be granted for the proposed structures. Said structure must meet the 50' setback from the street lot line and a 26' setback from the drainageway and wetlands area as shown on the attached survey as page � 5 of this resolution. C. No grading or filling will be allowed within the 26' setback area. All fill resulting from new construction must be stored out of the protected area. Applicants to design a house that will provide minimal impact on existing elevations. The only approved excavation to be allowed in the protected area will be the modifications to the drainage ditch that intersects the current building site. D. All structural improvements at this site shall be limited to 15� of the dry buildable envelope as defined on the survey included as page 5 of this resolution. Structural improvements shall consist of house structure, garage, patio and swimming pool (this includes water retention area of pool ); and tennis courts with fences in excess of 6'. Upon application for a building permit, future owners surveyor shal 1 confirm dry buildable envelope as defined in above referenced exhibit. � Page 3 of 6 ; � ; t G� .� � ..., c�t� o� oR,oNo SiT�`.�''IFr�}�'�S�s+ . • w'"r RESOLUTION OF THE CITY COUNCIL -:; �, .� - ��+'r �r �a'��. NO. 2 841 • - • �• �,,, 6. 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). 7. 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. 8. 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 July, 199 . AT T• . , � � Do othy . allin, City Clerk Jam s R. Grab'�3c-;�yor � �- • _ P operty 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. THERE3A 4 NAAB / /�� TARY PUBLIC-MINNESOTA �� r. � �HEN��N�T�,82 / Notary Public . Page 4 of 6 • , , • ' -� �+ ' � ' ' ---------- _-"' ' �- ..... ..�- . � . • . � -.. . • ' _. . i. L'u� __ , ---- �.df . ' � ' , , ' � /� / ' I r ` � � �� \ � RESOLUTION NO. 2841 � ; � J � � � � ,..� � �� . � . . . 8c�sa I � • � ' � _ ` �`�- \ .r • ��-� - ►i2.� —9s,�-�'� �; � ;l �. _- �� So8.5o � \ ` � � �� -�_ � '�,' `� . � . ti ' � ' � 'Cb � , .. \\��\\� �' --9¢e� �� /�,'"� / � ��, \ , . ��\��\�\�9��—�"c�i/'� �/ I �. `\�\\ �J�`[�_�� ' �� / I � � � ��\ �° � , �� / //. (r p `� I : � �� \ � � � �AJ�� // /� �� r"'� �� /� / / �_ '` �f \\ \� \�--� �/ / �i•�d � �\. I- ' �. \� �� ,° �� I _ � � \ �`_� � �°�` � � '� I +� 1 I . �o �ti y s � �.�� s��, �;� : �... � � 3;�e n y � I � � m i r � � � v N � �., � �/ 1 \` � � � \ �� X / � / ,� _ 1 � � � y° ,.� � � i • U o � � , _ . �_Q. . : � � . . . � '� ' po ti . . �. °` : � � o �: � �� 11 ]`' � � 7� ; I\ � � o / �° / � . o � � � ` � � � '� / � � 1 � -�. � � . . � � z (� � \ � s� / � � ��, . � -�- � � F � ° �� / � � - � �, � � ; ` / c c � D ' �qz � =d .: / � n � � (� �� \ a�ii / � - � � � � � � �� ; � � � , � ��-� � � � \� � � �� m \\ \ > > �: \ 1 \ �f �f � � � or T � . \ \ � J � � M \ � : . � .= cL. '� ,� � � \ � ¢ � � � i � F � — � � \ �. �� ,��'' � .a �� \ � �� - �� \ �. • , � � s �� : � � �� .: � Page 5 of • 5 � � . � ` . •:,�Q�; .: ---_�--- - _�� .� � I• •� J � Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL • � NO. 2 841 • - • • , STATE OF MINNESOTA ) ) ss. � COTINTY OF HENNEPIN ) _ On this a y� day of �c-c-� , 19 9 O before me a Notary Public within and for ai county, personally appeared c( ,-1 �5. , �,bs ��f�� 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. • • /'l/GC� THEAESA L. NAAB NOTARY PUBLIC �. NOHENNEPIN COUNTYT� - • N� r� '� My commiss�on expirss 9-8-92 :�. . � �-�--�a MY COMMISSION EXPIRES STATE OF MINNESOTA ) . )ss. • COUNTY OF HENNEPIN ) On thi s ��v � day of �J u � , 19 9 Q bef ore me Notary Public within and for said ounty, personally appeared �f ��,��n �� j,.L.� known to me to be the p e r s o n(s) d e s c r i ed in and who executed the f oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. _ � � � � / ��'/CZ�/'"_ ��N TARY PUBLIC THERESA L. NAAB � WpTARY PUBLIO- MINNESOTA • �HENNEPIN COUNTY �omm�ysion explrcs 9-8-92 . 9-�--9a MY COMMISSION EXPIRES • Page 6 of 6 ' .