HomeMy WebLinkAboutResolution 2855 � > -
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• RESOLUTION OF THE CITY COUNCI L
"'� � NO. 2855
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A RESOLIITION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.27, SIIBDIVISION 5 (A)
FILE #1569
WHEREAS, Sam McCloud (hereinafter "the applicant") is
the owner of the property located at 4280 Bayside Road within the
City of Orono (hereinafter "City") and legally described as
follows:
The West 23 acres of that part of the Southeast quarter of
the Southeast quarter of Section 31, Township 118, Range 23,
lying South of the Electric Shortline Railway Company right-
of-way, according to the United States Government Survey
thereof and situated in Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
• variance to Municipal Zoning Code Section 10.27, Subdivision 5
(A) to permit the construction of a single family residence
located 68' from the front street setback line instead of the
required 100', requiring approval of a 32' variance or 32�.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1569.
2. The property is located in the RR-lA Single Family Rural
Residential Zoning District requiring a total of 5 acres of
. dry land, 2 acres of which must be contiguous.
3. The property consists of 23 acres, �6� acres of dry
contiguous, and the remaining 16� acres is wetlands.
4. The Orono Planning Commission reviewed this application
on July 16, 1990, and recommended unanimous approval of the
proposed variance based upon the following findings:
A) The• majority of the home meets the 100' setback.
The setback variance is sought for only a garage and
entry to the residence.
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� M� � � � Ci.t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
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B) The house has been placed at the edge of the ridge
in order to minimize erosion and the major cutting into
the more steeper elevations of the more easternly
portions of the dry buildable envelope.
C) The severe slopes to the east and• north required �
placement at the top of the ridge in order to minimize
impact on extreme, dense vegetation. This will
minimize the removal of trees in the steeper .
elevations, decreasing the potential for erosion
problems. �
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,
safety and welfare of the community.
• 6. 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, ORDER 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 10.27, Subdivision 5 (A) to permit the construction
of a principal residence to be placed 68' in the front/street
setback line instead of the required 100', requiring approval of
a 32' or 32� variance. This approval is subject to the following
conditions:
l. Applicant to provide detailed grading/drainage plans
with detail on retaining wall upon application for a
building permit.
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��:��� C�t o� ORONO
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RESOLUTION OF THE CITY COUNCIL
�.=-�<.,�, NO. 2855
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. rvApplicant/owner is placed on notice that additional
improvements to this structure involving increases in water
usage may be prohibited based on limitations of available
dry lands at less than a 6$ slope.
� 3. Applicant/owner is further advised that if a kitchen
area is to be installed within the guest or domestic
apartment area, that a conditional use permit will be
required.
4. Authorities granted by this resolution r�un 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 (August 13, 1991).
5. 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.
• 6. 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 City Council of the City of Orono,
. Minnesota at a regular meeting held on the 13th day of August,
1990.
AT S : �
� I r
' orothy M. lin, City Clerk Jam R. Gra e , ayor
c
operty Owner(s) � '
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C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
a::: .!. .,. NO. 2855
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STA INNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 13th day of August, 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.
�N THERESA L. NAAB
, TypTARY PUBUC- MINNESOTA
�E�,�pn�FlrwNaT$Y-s2
NOTARY PUBLIC
STAT INNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On thi s day of , 19 9
before me a Notary Public within and for said county, personal�
� 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
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) ,
On this � day of _, 1990, before me a
No ary Public within and for aid County, personally appeared
, �/ �� G� G L��GA 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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���, ANN M.GHER(TY
� !� � NOURYPIIBLIC—MINNESOTA NOTAR PUBL C
HENNEPIN COUNTY Page 4 of 4
MY�rt113Sbn E�ires Sept 12.1995