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Home My WebLink About#5382-variances-2005 1�� 1 � �� C ITY of ORONO � � . a � � ti RESOLUTION OF THE CITY COUNCI L �L`9kESI3�g'�G NO. A RESOLUTION GRANTING VARIANCES TO MU1vICIPAL ZONING CODE SECTION 78-330 (�) � FILE NO. 05-3129 WHEREAS, Ascent Investments, Inc., an Oregon Corporation � (hereinafter "the applicant") is the owner of the property located at 1345 Rest Point Lane within the City of Orono (hereinafter the "City") and legally described as follows: Lots 75 and 76,TONKAVIEW GARDENS, Hennepin County, Minnesota (hereinafter the"property"); and • WH�REAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zonin� Code Section 78-330 (b) to allow construction of a new resideiice on an eaisting lot 0.44 acres in area where 1.0 acres is normally required, 54' in width at the shoreline and 76' 'in width at the 75' setback when 140' is normally required, and lastly a side street setback variance to permit a side s�reet setback of 23' when 35' is normally required, and WI�[EREAS, the Planning Commission on 7-18-OS reviewed the application and recommended approval of the lot area and lot width variance and denial of the side street setback variance, and ' �WH��REAS, the City Council on 9-12-OS approved the lot axea and lot � width variances but denied the requested side street setbacic variance and instructed the applicant to submit a revised plan that would meet the required side street setback of 35'. NOW, TI�EI2EF'Olt]E �E I'T RESOI,VED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3129. • Page 1 of 5 w � O� • O O �� CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��kES�I�g'�G NO. 5 3 8. 2 2. The property is located in the LR — 1B Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' at the shoreline and 75' lake setback. 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and recommended approval of the lot area and lot width variances but denial of the side street setback variance based on the following findings: a. The lot is an existing lot of record that was platted prior to adoption of the current zoning requirements governing minimum area and widths of the LR— 1B zoning district. b. The existing house has existed on the substandard area and width lot • since prior to 1955. c. Adequate buildable area exists within the required setbacks for construction of a new residence. d. A new residence could be built meeting all other requirements of the Zoning Ordinance with respect to hardcover, structural coverage, and building height. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. 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 K � � �� • o �: ° � 3 CITY of ORONU � � . ti �'�i� �G~' RESOLUTION OF T��I�Y2COUNCIL `9kESII�g' NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 (b) to allow construction of a new residence on an existing lot 0.44 acres in area where 1.0 acre is normally required and where the lot contains 54' in width at the shoreline and 76' in width at the 75' setback when 140' is normally required; and hereby denies a side street setback variance, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. • 2. Hardcover levels within all zones must meet the requirements of Section 78-1288 and requests for hardcover variances will not be looked upon favorably by the Planning Commission or City Council. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover � surfaces. 4. Required removals of structure aiid hardcover, includ'uig a11 existing building and retaining walls, including the lakeshore boathouse, shall be completed'prior to the first inspection for the new residence. 5. Authorities granted by fhis resolution run with the property not with the applicant, but axe permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (September 26, 2006). 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 applicant has read, understood and hereby agrees to the terms of • this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 r . o.�,. � � • o � o � CITY of ORONO � � r . ti ti RESOLUTION OF THE CITY COUNCIL ' ��`�k'ESI'i�4�G N O. � � ft � Adopted by the Orono City Council on the 26th day of September, 2005. ATTEST: ��Gn�� U�J ��-Cf.� . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � 1�Y�i d�`f P e Ov�nzer( • STATE OF MINNBSOTA COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this a4� day of ��I� 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. P . KRISTI B.ANDERSON I �', NOTARYPUBLIC-MINNESOTA �C,�• .'��a�,;;,;:. My Commission Expires Jan.31,2007 j�Otal' Public '.�.. � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��day of ��, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatioii and said instrument was executed on behalf of the City. RACHEL DODGE � ,[��--- • . NOTARY PUBLIC-MINNESOTA Notary Public �•r,n;:� My Commission Expires Jan.31,2010 Page 4 of� : � °� � . � o 0 �� CITY of ORONO , � � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kES�I�g' NO. �j �--R T— STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this g day of �(`7C.►� 2005 by Douglas E. Klint, president of Ascent Investment, Inc., an Oregon corporation, on behalf of the corporation. ' I�,�Z . Notary Public r�r�r�4r�r� MNAN R.WIMI� . tNaAoopo C�our�ll► l�IGOmA.�tMa�►li.�00i � Page 5 of 5 r ��I�� . CERTIFICATE OF SURVEY FOR � DOUG KLINT � OF LOTS 75 & 76, TONKAVIEW GARDENS , HENNEPIN COUNTY, MINNESOTA '`° �� i� ' ' �" 3 8 2 � ; . ; ; ,,,. � . -- ,. —• � Ewsreac � ------ �'� a ,� i � i . j HousE ---- i--sco� a � �p468S � m . r� � �/ --—-1 %�"-958---- 6? � / % --- p . l � '-�� / �� 55---- �: ( .7 � OEC7C � �� ` � � � }) � �� — —�^>e -95��—y+"i�^„`— l % — O� i- ^�,,,.. �\ A• � / �I� — � % � � / I / , / r -��, PROP��q� ! 0 IVEWAY t�� i/ �?—�-� , PROPOSED �. � � �,_ �� °o � j� ��as�- ��f�OUSE �i r ___—_ �� l i � ��; •'.� �� i„ •• --�" � _ I � �y� �* � <,�.o I / \ \ �t. �•a / � \ `,.4 \\ 4, y r' /� ` �2$ . . / � \ � � �i � pftt � ��` / �� " 7�`\ ,� /�rn o ,a � � � � �) h �� Fa�� ° � �� \ % ___L�� • � j �� i D�� ` \`` \ '� -- � oo \` � �� ` `�` � • _. � \g�• � � �D $� �- �'�.� ��, ,%'';, '7 5i \ . ``�� .�,A . ' � �, ; �-- " ; �b�,� R�Mov�D .� � , ,, ,, , � .� ¢�,6 odsswe \\ ,� �� ,�h6�� ,g,� � I Z �LSyJ EVE�i� �� ,��o�.,... o �� i , � 829.4 CONTWR lP�".••� I N W I �� /9�0 . N iD 7 �ti L A K E � �� PROPOSED ELE4ATIONS : (PER ARCFUTECT) N S � , I � � j 1) CARAGE � 95. � ""''��, � 2) TOP OF FOUNDATION = a5. MINNETONKA '� � 3) MAIN LEVEI a� � �• JENNINGS BAY I 3) BASEMENT = 942.0 � IEGAL DESCRIPTION OF PREMISES : Lots 75 cnd 76, TONAKVIEW GARDENS EXISTMIG HOUSE o : denotes iron marker � /1340 (508.3): denotes existing spot elevation,.mean seo level datum i .B : denotes proposed spot elevation, per architeet � � ---917--•: denotes existing contour line, mean sea level datum ' os : denotes proposed contour Gne,per erchiteat . Bearings shown ore baaed upon on assumed deutm. This s�rvey shows the boundories a(the above described property, � • and the propossd locotion of a proposed house thereon.It does not purport to shaw any other improvements or encroachments. � 'a•ums�.�u .OE51GN RCVI510 OATE OESCRVTIIXi SGLE j G R O N B E R G A N D I hereby ceNfy tltot Ih;a plen,wadecanon,or repon wea i _ epared by me,or wWv my tltred supervislon.ond Inat 1•'�2D' A S 5 O C 1 AT E S� I N C. �am a Euly Ikensed proleaeionet en9N�er and land � CONSLILTIN�ENGINEERS, suneyoruMerthalswedlhsSUtnofMlnnesoh are �LAND 9UFLVEY�FiS, / �-�Z-0g jcne_ AND SITE PLANNERS �oaNO. I MSC 4d5 NORTH W1LLOW DR.LONG WtE,MN.553 Mark 5.GronEetp MNnesota Lfranse No.12 55 Date- OS-St4 B52-f7J-47{1