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HomeMy WebLinkAboutResolution 2861 5703945 • City of ORONO CITY RESOLUTION OF THE CITY COUNC � OF NO. 2861 �� ORONO l ° 408 . A RESOLUTION GRANTING Ate A VARIANCE TO �( MUNICIPAL ZONING CODE 44p A, SECTION 10.23, SUBDIVISION 6 (B) , e ' AND ADVISING FUTURE BUYERS OR OWNERS OF THE PROPERTY OF THE POTENTIAL NEED FOR A HOLDING TANK FILE 11576 WHEREAS, John and Kit Wojcik (hereinafter "the applicants") are owners of the property located at 3310 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 17 , Auditor's Subdivision #203 , Hennepin County, MN, (hereinafter "the property") WHEREAS, the applicants have applied to the City of Orono for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to the existing residence, such additions being located 27.7' from the side lot line where a 30' side setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1576 . 2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 20 , 1990 and recommended approval of the proposed variance based upon the following findings: a. The house site on the adjacent property to the east will be approximately 150-200' to the rear, hence the proposed additions will not intensify the perceived density of the neighborhood. b. The proposed additions are no closer to the side lot line than the existing house. The hardship is the location of the existing house, with the intent to provide a more functional entryway. TRANSFER ENTERED DEPT.Of PROPERTY TAX b PUtlt.IC RECONDS Page 1 of 4 .3EP R0 M0 BY �' A D PUTY City of ORONO INV* tt. CITY RESOLUTION OF THE CITY COUNCIL .� wr. r OF NO. 2861 , ,: ORONO 4. On July 23, 1990, the City Council approved by a vote of 4 to 1 to grant the applicant's administrative appeal of the septic system codes to allow expansion of the existing bedrooms and addition of a second bathroom to the residence, subject to a warning to be filed in the Chain of Title that the existing septic system is substandard in nature, and that due to poor potential for replacement of the system based on lot size and site conditions, a holding tank might be necessary in the future if the system fails. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B ) to permit the construction of additions to the existing residence, such additions being located 27.7' from the side lot line where a 30 ' side setback is normally required, subject to the following conditions: 1. The applicant and all future owners and potential buyers of the property are advised that should the existing septic system on the property fail, the size of the property and specific site conditions may severely limit the ability to replace that system with a conforming septic system, and that such failure would likely result in the need to provide a holding tank for sewage disposal on the property, such holding tank requiring regular pump-outs. Page 2 of 4 City of ORONO Ak CITY RESOLUTION OF THE CITY COUNCIA‘,% totItt OF NO. 2861 r".' .: '' ORONO 2. 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 (August 27, 1991). 3. 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. 4. 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 27th day of August, 1990 . ATT:S'T: / ARM" , 4 oe •thy Arallin, City Clerk Jam s R. Grabek, ',Mayor ! \ea c` - Property Owner(s ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th 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. --1117/ LLO THERESA L NOTARY PUBLIC M';••csOTA Notary Public HEN!!E?IN COUNTY My commission expires 9-8-92 Page 3 of 4 . .,' , A. City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO, 2 861 ORONO vis 11114 STATE OF MINNESOTA ) ': , ' ss. COUNTY OF HENNEPIN ) On this day of >,,.-,i•E,1 a_Q-,_ 1990 before me a Notary Public, within and fdr said county, personally appeared ko h r't CO- (,i3 n`c,_.A 1< , I l lQ v i i d known to me to be the person( s ) described `inn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. -•_;, THEREa IL c n, soTA �.(..l/„J�C� 14' NOTARY NEPIN COUNTY - ai— �:. FIEN''''' n expiras 9-8-92 NOT RY PUBLIC glit • My co MY COMMISSION EXPIRES STATE OF MINNESOTA ) kLfV,k,rns e )ss . COUNTY OF H �ld-NE N ) On this day of See-ern be r , 1990, before me a Notary Public within and for said County, personally appeared 40- L . W6c..ik- 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'mPalit/Ifikl-,-, NOTARY PUBLIC ,: dam cR. cllndeuon VOTARY PUNIIC-MINNESOTA A'I RAMSEY COUNTY My commission expires 11-30-95 //-4.) /_ . -95 MY COMMISSION EXPIRES Page 4 of 4 44 RESOLUTION #2861 IBIS 1TE , fAI,M BEEN tr 1; 4% llH ',Li,i,4„.Z i STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ August 27 , 19 90 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 28th , day of • .•ust , 1990 . 1 } , ;0 K40t6•; ._.. 1 , I. . F ,.. yrs = ' : Dorothy Hallin , City Clerk -,),,0,1 ,,-,;,,,,,v..;,,:, • ft q) :Vr 57 039 45 .209EP9013.35 05703945 DOC $10.00 1 /1 M;r:E q MATY RECODER IV N CePil'!',WINE SOT 4 c,- /' 0 SEP 20 Pti i: 3 0Ci Pt NT #V7039PitiS -ry CO.Rini -rheecinici... ,._ g)( z-cff-- 00-e-o Po ii\M, ii-/ 0_,Pre-ou/A) S.