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Home My WebLink AboutResolution 2992 . � � �-- �, 5�26023 �' �' � C� O �=:::: �_. � cl�r� o� ��oNo , �,��.._ -.y ,� � � I; ��1� � � ;y- �� ``� ��'��•i�--' RESOLUTION OF THE CITY COUNCIL �\,.�.t � r'i��+��G % ��kESH��-' N O. 2 9 9 2 �=�� A R$SOLIITION GRANTING A RENEWAL VARIANCE TO MIINICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 5 (B) FII.E #1658 WHERBAS , Lyndon S. (Bill ) Stubbs (hereinafter "the an�licant" ) is the owner of the pr.operty located at 2555 Fox Street withia the City of Orono (hereinafter "City") and Iegally described as follows : Lots 9 and 10, Auditors Subdivision #229, Hennepin County, r:innesota (hereinafter "the property"); and WHER$AS, 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, THER�FQRE, BE IT RESOLV$D by the City Counci 1 of Orono, biinnesata: FINDINGS i . This application was reviewed as Zoning File �I658 . 2. The property is located in the RR-1B Single Family Rural Residential ZoniZg District requiring 2 acres of dry contiguous lands. The subject property consists af 63,598 s.f. or 1.46 acres in area ( .06 acres of drainageway) . 3 . The Orono Pianning Commission reviewed this application ori July 15, 1991 and recommended approval of the renewal 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 suitabZe area for on-site septic development has been found in the upper elevations af the property. C. A house can be located on this site meeting all T�ANS�ER EWTlERED required setbacks frem wetlands/drainageway and street. :�*.oF rRo�f�n t;ac s w,iBiICRECORDSD. The location of the house wi 11 provide minima 1 impact on exist�ng residential development to the west. SEP 12 1991 Page 1 cf 6 t;��* t�`^ "k�:i'4"vfi�v4"'__._ ,.' � `� ^cci �•• � �r � ' Y �1d O .a ,��:'; �,�:.•_ - � C ITY of ORONO � �� ''�,' `� Gti- RESOLUTION OF THE CITY COUNCIL .,��i f�.+;J� ;r_`l��r r .9 s,� ��' NO. 2992 kE8_H�-,.. E. The property was zoned R u chased the propertyn20ryears the time the applicant p ago. 4. The City Council has considered this application including the findings and recommendations of the Plannlican and the reports by City staff, comments by the app ef�ect of the proposed variance on the health, safety and welfare of the community. 5 , The City Council finds that the conditions existing on yhis property are peculiar to it and do not apply generall t� other property in th�s zoning district ; that grantinc� the variance would not adversely affect traffic conditions, light , air nor pose a fire hazard or othe Sed ve eas ta neighboring property; would not merely convenience to the applicant, but is necessary to allevia�e� a demonstrable hardship or difficulty; is necessary 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. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings notal Zoni g� ��e Orono City Council hereby grants variances to Municip Section 10.28 , Subdivision 5 (B) to permit the construction of a single family residence on a property that consists �ub�ectctosthe ciry buildable land instead of the required 2 acres , 7 following condizions: l . Applicant shall deed a flowage and conservation easement to the City over the designated wetland area. 2, 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 the Court' s action that would add .42 acres of dry lands to the existing substandard building envelope. Applicant's surveyor shall then confirm area of building envelope defined as total dry buildable area to the east of drainageway. 3 . On-site septic areas to be protected during constz er y nfor _ these are the only suitable areas on this prop � septic development. a , Prior to the development of final buildin plans for the residential develo mp ent of this propertv, t:'�e fu�� °`''�_ner - pacre 2 cf 6 � o .�. � o � ci�� o� oRoNo � �� -r - � "� �'.� �' .;��: �-�`_ ,� %� �:; ;*-�,,,� G RESOLUTION OF THE CITY COUNCIL ��91 ,-�J� ; -,y4� NO. 2992 ._kESH�,-. and/or ow_ ner' s consultants shall meet with the Orono Buildin and Zonin staff so that the specia�con itions o� is variance application ma be reviewed. 5 , Upon application for a building permit the developer shall provide a grading plan for alteration of doval b W t e City plan shall be subject to review and app Y Engineer. the excavating andf def ningaof athe banksao` t.be conf ined to drainage path. 6 . 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 gallons 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 effluentude tthe wate Ptusage for outdoor lands�apingltor but excl B, No setback variances are to be granted for the proposed structures. Said structure must meet the 50' setback from the str natWetlands a eadas showneonathe attached drainageway a survey as Page 5 of the resolution. C. No grading or filling will be allowed withir_ the 26' setback area. All fill r�sultir.g from new cons lri ants must be stored out of the protected area. APP act en to design a house that will provide minimal imp 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 impr a�e bu ld bletenvelope ashdefined limited to 15$ of the y on the survey included as Page 5 of this resoewaY�n ( dry buildable area to east of drainag Structura I improvements sha 1 1 consist o i h t�,s s structure, garage, patio and swimming p includes water retention area of pool ) , and tennis courts with fences in excess of 6' . Upon application for a building P a ble envelope aes 'definedyin above confirm dry bu referenced exhibit. D��o �' ^F Fi � °� 0 0 ��= ,f-� , CIT� of ORONO ,� �� _ �_ ._ � � f��'l' `�7 '� RESOLUTION OF THE CITY COUNCIL ; t� � ,, �_j.��r��,.� G t.��.� � NO. 2992 �':�l<qkESH04�'' ,,� \ �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 22, 1992). 8 . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall autor,:atically ter:nir�a�e ar.Y 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 22nd day of July, 1991 .� ATT ST: . . ,� � � %��'G�'�'��L�t�� /�7t� � othy : Aallin, City Clerk Barbara A. Peterson, Mayor , � '�� =_; � � ��t..�.�?i �/.,i "V •{..�� , X Property Owner(s ) STATE OF DiINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of July, 1991, by Barbara A. Peterson & 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. � LI,VDAi�S• M NNESOU / � '`" ` ��/—�� NOTARY PUBL / �I'� � NENNEPiN COUNTY Notary Public C •�v .:omrr,�.ssr_� ex_ires k3-12-98 Page 4 of 6 � � � o O ~�� - - CITY of ORONO ,�, • .;��'j j�. _ � �'' �1 '��'jl' \�` � RESOLUTION OF THE CITY COUNCIL ,� 'r,.1+��.'rY:111' Gti' �9'' '"`l a''.`► N O. �� '�� 2 9 9 2 ��_ . kESH�4"�� STATE`=OF=M�NI`IESOTA ) ) ss. CO[JNTY OF HENNEPIN ) ,�, �� , 19 9� On this `'?� " day °f y, ersonally beiore me a Not�y �� W1th� d f'o � said ��nown to me to be appea_ed � i�/ � the �erson( s ) desc�ribed a that he (tney)Cexecutedetne� samelas i:s�rument, and ack_.ow_e g his (their) iree act and deed. / � � �� . �L�� NOTARY � NAAB ,�'� 7}iERESA L•tiuNN�soTA �� Np'TARY PUBUC- HENNEPIN COUNTY - r ir>s g-g-92 _ '�y �,Ay commiss�on eXP MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) � day of � ��f ��St . 199�, before me On this ersonally appeared a Notary Public within and for said' Coknow�n Pto me to be the L I� � c�n S-lu b b5 ' � � n�- c.�.�h�e r person(s) described that dheh (they ) texecuted thel sametas� nis and acknowledge (their) free act and deed. . �� NOTARY PQBLIC LINDA S. VEE ►�ipTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My �pmmissian expires 8-12-98 A,iy ON EXPIRES Page 6 of 6 . . �- - RESOLUTION �2992 STATE OP MINNESOTA ) � - - COUNTY OF HENtJEPIN ) _ ) . � CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , i�linnesota , do hereby certify that I have compared the foregoing copy of a resolution o.` the City Council c: t:e 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 July 22 , 19 91 � 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 s2t my hand and seal this 23rd � day of Jul , 19 91 ��,,1 '�-- '`�� a1� City Clerk • '�.. . - .,:' _,,' .• Dor thy M. n ��y-''� ,�• `. �� 4 { �. C (SE"AL�)' ' :r. ��.G` . - Ai';t� �Y Ci�O : _ _ _ ��.� . .�, .