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Home My WebLink About#2992-variance-1991 . � . ____ ��26023 �' � �' O O �. �` CIT�' of ORONO � ..�7�;+,��_) ..�' �Y i lI�� \;'�, 1' ,�'..�-%' �\,,� .I�.-�,*�:,�t�� G'`�// RESOLUTION OF THE CITY COUNCIL =,��9 r.�,,r;; ��-Cy j NO. 2992 ,; \�E'� / A RESOLIITION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 5 (B) FILE #1658 WHERSAS , Lyndon S. (Bill ) Stubbs (hereinafter "the an�licant" ) is the owner of the pr.operty locatad at 2555 Fox Street withia the City of Orono (hereinafter "City") and legally described as follows : Lots 9 and 10, Auditors Subdivision #229, Hennepin County, biinnesota (hereinafter "the property") ; and WHER$AS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of 1,46 acres of dry contiguous lands instead of the required 2 acres in area. NOW, THERSFORE, BE IT RESOLV$D by the City Council of Orono, blinnesota: FINDINGS 1, This application was reviewed as Zoning File �1658 . 2, mhe property is lacated in the RR-1B Single Family Rural Residential Zoning 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 Planning Commission reviewed this application oTi 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 a1Z T�,�,NSF�R ENT�S�D required setbacks frem wetlands/drainageway and street. Ei'T.CF�ROPERTY T�',X b PUBiICRECCRDSD. The Iocation of tne house wi 11 provi�e minima I impact on exist�r.g residential development to the west. SEP 12 i991 Fage 1 cf 6 r;�F��• ^ ;.�-- . .iy'_ �-„ �, .T� � o� � o C ITY of ORONO a �� r'�� _ � � �� '�.' � '� ' RESOLUTION OF THE CITY COUNCIL ; 'C� 'f�''' , ��:�� ,i, ,.�1-�. _�,�-� � � � ' �� ' NO. 2992 �'�kESH�4�.:, ,___�:,-- E. The property was zoned R ur hased the propertyn20rYears the time the applicant p 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 ixisenerallyhto property are pecu 1 iar to it and do not app y g 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 vegeas ta neighboring property; would not merely 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 keepinsi etPlane of the � ty intent of the Zoning Code and Comprehe CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances 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 1.4 acres of nry buildable land instead of the required 2 acres , subject to the following conditions: 1 . 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 constzuctionfor . , these are the only suitable areas on this property � septic development. a , Prior to the deve lopment of f ina 1 bui ldi t;,�e future� oW er — �� residential developmer,t of this propertv, _--- - a�QA ? ci 5 � ° � 0 0 �_ _ CI7��' o� ORONO � .,;�,, - � ,� ,� �-� _ �"''' '�� '� ' ` � RESOLUTION OF THE CITY COUNCIL ;� �� - .l� Gti , �l � �`j X �`1� � 2992 �kESH��'��" ' NO. and/or owner' 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 p ermit the developer shall provide a gradinq plan £or alteration of drainageway. Such A ect to review and approval by the City plan shall b_ subj Engineer. The alteration of the draofathe banksaof the confined to the excavating and defining 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 effluent entering septic systems and shall not monitor but exclude the water usage for outdoor landscaping. g. No setback variances are to be granted for the proposed structures. Said structure must meet the 50' setback from the street ltlands a ead as showneon athe attached drainageway and we survey as Page 5 of the resolution. C. No grading or filling will be allowed withir_ the 26' setback area. All fi�1 resultir.g from new cons lri ants must be stored out of the protected area. APP act cn 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 improve buildabletenvelope ashdefined limited to 15$ of the dry on the survey included as Page 5 of this resoeWay )� ( dry buildable area to east of drainag Structura 1 improvements sha 1 1 consist o i h�t�,s s structure, garage, patio and swimming and tennis includes water retention area of pool ) . lication courts with fences in excess of 6 . Upon app _ for a building permit, future owner' s surveyor sha11 confirm dry buildable envelope as defined in above referenced exhibit. TJ�rTa �' ^F '�i � ° � 0 0 -� - GITY of ORONO ,� ��i`��r��- _ � ,; - � fti��'�-' 1 '� RESOLUTION OF THE CITY COUNCIL ';,� � ,, ._j.';r�',•� G � � , t t.,�-� � NO. 2992 ��.�,,<9.k:ESH�4" � ?. 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 tt:� zoning COC�E� Sila l i dU�OI.^,��7.Ca l.Zy ter�inate 3IIy author.l�'..v 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: � . ,� t � ��t"J >/L�7t� othy : Hallin, City Clerk Barbara A. Peterson, rlayor � ;..� . . - _ ,� � �,, , -�� J-�--��; � ��} , i;``� �d r -F�<��-.x.`.r /% / �"` ��C�c ` Property Owner(s ) STATE OF MINNESOTA ) ) 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,VDA S. VEE / ' � MINNESOTA / � ` �� NOTARY PUBUC - / �I�� NENNEPiN COUNTY iJOtary PUb11C �.!v .omn-.�ssr� �x.ires t3-12-98 Page 4 of 6 •, � O� o O -��=�� - C ITY of ORONO ,� �� ,� :>;:�.,- __ ,, ,, -� _ ti �' ��.��-�jl�' �a '� RESOLUTION OF THE CITY COUNCIL .�� ,i . .,��1r X�,`��O ��'��kESH�g ,�'� N O. 2 9 9 2 STATE�=O�=MZNNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,�, �� , I 9 9� On this `'?� " day °f y ersonally d fo � said count , p beiore me a Notary Public with� C � known to me to be appeared �- - i'l� �t�� the person( s ) desc�ribe a thaa he (th y)Cexecutedethe samelas i:str,.:mer.t, and ac:c_.ow_edg- his (their) Tree act and deed. � � / / �� ,�`�",� . /(, l� NOTARY � NAAB �;��'�. NpTA�E pEe C`-�h11NNc�OTA ' �``'�"' HENNEPIN COUNTY ,._ '^�� mmission expiros?-8-92 _y `_ MY COMMISSION EXPIRES STATE OF MINNESOTA �ss. � COUNTY OF HENNEPIN ) �� day of � t-�Q �lst , 199�, before me On this � , - •- ersonally appeared a Notary Public within and for saic�' Coknow�n Pto me to be the L: I I � ccn S-�u b b5 ' � � n�- W h�e r person(s ) described th t dheh (they ) texecuted thel sametas� his and acknowledge (their) free act and deed. . �� v`�� NOTA.RY PQBLIC LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY p,�y comm�ssi�n expires 8-12-98 I„iy ON EXPIRES Page 6 oz 6 . . '- - RESOLUTION �2992 STATE OF MINYESOTA ) ) � - COUNTY OF HEN[�(EPIN ) . ) . 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 C�ty Council c: 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 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 ��,,' �- '`�� a1� City Clerk . '�.. - .,: : _r, .f Dor thy M. ^-;��-�� ..•;�' �, a ; � � (SE'AL�)' ,r: '' 'G' ' :�,,,,,� :_ c:a� _ -- J � ' �,.� I .y.