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Home My WebLink About#2283-variances-1987 , -, :� - � _ c�t� o� oR,oTvo _ RESOLUTION OF THE CITY COUNCIL � NO. 2283 � - • • A RBSOLIITION GRANTING VARIANCES TO MQNICIPAL ZONING CODE SECTION 10.22, SQBDIVISION 2 AND SECTION 10.24, SIIBDIVISION 5 (B) � FILE #1188 WHEREAS, Sheldon and Helene Kaplan (hereinafter "the applicants") are the owners of the property located. at 2695 Kel ly Avenue within the City � of Orono (hereinafter "City") and ].egally described as Lots 1 and 2, Bl.ock l, Carman Cove, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to approve an excess of existing hardcover of 6,130 s.f. or 30$ where only 5,109 s.f. or 25� is allowed on Lot 2 and per Section 10.24, Subdivision 5 (B) to approve an area variance for Lot 2 consisting of 26, 960 s.f. or .62 acres of Iot area where 43, 560 s.f. or 1 acre is required and per that same section to approve an area variance for undeveloped Lot 1 consisting of a contiguous building envel.ope of 16,757 s.f. or .39 acres where 43, 560 s.f. or 1 acre is required. NOW, THER$FORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1188 . 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. Lot 1 is undeveloped and has been assessed for both sewer and water. 4. Lots 1 and 2 have been retained as independent parcels and have never been legally combined for tax purposes; each lot is taxed separatel.y by the State. , 5. An independent safe access can be provided to Lot 1 if developed in the future. This access has been reviewed by the Public Works Director. 6. The proposed development of Lot 1 at .39 acres appears consistent with the pattern of surrounding development of the Carman Road neighborhood. 4 of the 7 Iots, or 57$, adjacent to Carman Road are similar in area ranging from .2 to .4 acres. Page 1 of 5 . „ .- c�t� o� oR,oNo . RESOLUTION OF THE CITY COUNCIL � NO. 2283 • - • • 7. Both the proposed new building site and the site with existing residence are similar in area to other common - ownership lots which have been approved as building sites since 1984 within the LR-1B zoning district as fol lows: Homestead Vacant . Lot Lot #830 Smiley, 2720 Pheasant Road . 65 .59 #1051 Glesne, 1475 Cherry Place .68 .64 #1084 Maxfield, 4175 North Shore Drive . 57 .46 #1124 Lange, 4160 Forest Lake Drive . 40 . 45. 8. The lots were created in the early 50's prior to the City's adoption of ordinances that would have provided standards for the development of lots. 9. The applicants have owned the lots for approximately 30 years. 10. Lot 1 contains no accessory structures and would appear to serve merely as additional area receiving minimal maintenance. 11. Glenn Cook, the City Engineer, in a report dated October 6, 1987 states the following: Development of Lot 1 on Kelly Avenue will not result in any • drainage problems for adjacent resident. The run-off from the neighborhood is currently directed to the City owned property South of Lot 1. Development of this lot wil 1 result in additional run-off to the lake because of an increase in hardcover. We do not anticipate that this increase in run-off will cause any significant adverse effect on the lake. 12. The City Council has considered this application incYuding reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 13. 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 variances 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. ' Page 2 of 5 Cit� of ORONO . RESOLUTION OF THE CITY COUNCIL � NO. 2283 • - • • CONCLIISIONS, 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 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) approving lot area and hardcover variances for Lot 2 and an area variance for Lot 1 to allow the lot to be developed, subject to the following conditions: l. Applicant shall relocate lakeshore dock on Lot 2 prior to sale of Lot 1, such dock shall meet aIl current standards of the Lake Minnetonka Conservation District. Upon sale of Lot 1, a dock can not be constructed on the lakeshore until a Certificate of Occupancy is issued for the new residence and a building permit is obtained from the City for the dock construction. 2. The maximum allowed hardcover for Lot 1 is 2,009 s.f. or 25$. 3. Hardcover on Lot 2 is approved at 6,100 s.f. or 30�. Any future improvement of the property that will result in additional hardcover over the approved 30� may necessitate equal or matching accounts of resolution of existing hardcover. 4. Prior to the sale of Lot l, the private fence located on public property must be removed. Applicant should be advised that no fence/structure can be located within 75 feet of the lake. 5. Authorities granted with this resolution run with the property not with the applicants, 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 (October 26, 1988 ). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 c�t� o� oR,oNo _ RESOLUTION OF THE CITY COUNCIL � NO. 2283 • � • • Adopted by the Orono City Council on this 26th day of October, 1987. ATT�T: � �. . . othy M. lin, City Clerk Jame R. Grabek, � • Property Owner(s) Page � of 5 Cit� of ORONO _ RESOLUTION OF THE CITY COUNCIL � NO. 2283 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On t h i s �(�� d a y o f �}'l.ove,�rn,.Ten , 19 8 7 before me a Notary Public within and for said county, personally appeared �.�.a.,,,� �.�t. �-�.w 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. �—` ��a,..s�,.s,,,,�-m . �� •� KATHLEEN M. HOLTON NOT RY PUBLIC NOT,u�r wiet.�c_�� DAKOTA COUNTY N�►oe�wro�aww A�.qr cs�.�� a S, �`�`l 3 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. • COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5