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Home My WebLink About#5136-variances-2004 , � O� O O ��a.;- CITY of UIaONO � �jd � � ..a�si�:„.. � RESOLUTION OF THE CITY COUNCIL �L`�kEs8o4�G N0. : � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350 (B), 78-282 AND 78-1288 FILE NO. 03-2962 WHEREAS, Thomas B. Swanson and Marilyn L. Swanson, husband and wife, are the owners of the property located at 1740 Shadywood Road and Robert E. Switz and Josephine L. Switz, husband and wife, have interest in the property located at 1740 Shadywood Road, (hereinafter "the applicants") within the City of Orono (hereinafter the "City") and legally described as follows: Lots 14 & 15, Shadywood, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-282, and 78- 1288 to allow construction of a new residence on an existing lot where the lot area is 0.47 acres when 0.50 acres is normally required and 38.6% hardcover in the 75'-250' zone is proposed when 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#Q3-2962. 2. The property is located in the LR — 1 C zoning district, which requires minimum lot sizes of 0.50 acres. The applicants' lot is 0.47 acres in size. 3. The Pla.nning Commission reviewed this application at public hearings held on November 17, 2003 and January 20, 2004 with City Council review on February 9, 2004 and March 8, 2004 at which time approval was granted for lot area and hardcover variances on a vote of 3-2 based on the following findings: Page 1 of 7 � °� 0 0 CITY of ORONO � :;� � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII��G NO. �� a. The lot is sub-standard in area at 0.47 acres when 0.50 acres is normally required. b. The lot as it exists is more shallow than deep. An optimum shaped lot of the same acreage would be allowed 3609 s.f. of hardcover in the 75'-250' zone, which amounts to 32%for the applicants' lot. c. Due to the lot's frontage on Shadywood Road, additional drive-way is required for the purpose of safe egress and parking. d. Due to the shape of the lot, nearly half of the lot is in the 0-75' zone. Therefore, because the house is near the 15% lot coverage limit the � resulting structure itself accounts for more than 25% of the 75'-250' zone. e. An extra-ordinary amount of hardcover is being removed frorn the 0- 75' zone amounting to 2050 s.f or 22.3% of that zone. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments by the applicants 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 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 applicants, but is necessary t� alleviate a dernonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 one or rnore of the above fmdings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-282, and 78- 1288 to allow construction of a new residence,subj ect to the following conditions: Page 2 of9 � 0,�. O � °� CITY of ORONO � � �-. � ti ti RESOLUTION OF THE CITY COUNCIL �� 4�G No. 513 6 kES�IO l. Council approval is based on the site plan submitted by the applicants and arulotated 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. All hardcover in the 0-75' zone shall be removed and not allowed above 0%. Hardcover in the 75'-250' zone shall be limited to 4,409 s.f. or 38.6% per the proposed plan and hardcover allowance sumrnary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or chanae the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concuxrent reductions in existing hardcover. 3. Applicants 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 and hardcover, including all structure and hardcover in the 0-75' zone and the shed located in the northwestern corner of the lot, shall be completed by footing inspection for the new residence. 5. Authorities granted by this resolution run with the property not with the applicants, but are 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 (March 22,2005). 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, understand and hereby agree to the terms . of this resolution and on behalf of the applicants and the applicants' 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 the 22"d day of March,2004. Page 3 of 7 � O� O 4 �� CITY of ORONO � ,� ., � ti RESOLUTION OF THE CITY COUNCIL �� Gti � 4 `�kESII04' NO. � � � ATTEST: _ /LX,�,� - �.�%l�'� �� inda S. Vee, City Clerk Barbara A. Peterson, Mayor �� . Property Owner(s) � erson )w/Interest Page 4 of 7 � O� 0 0 � CITY of ORON4 ,� .-, � ti ti RESOLUTION OF THE CITY COUNCIL _ _ ��`�.kES"AOg'�G_ NO. _ S Y eS � STATE OF MINNESOTA COUNTY OF HENNEPIN �� The foregoing instrument was acknowledged before me on this 22' day of ��(�h-�; 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrurnent was executed on behalf of the City. �� t� �t�..-c—�'---�-''� ✓._..�oc:e �:�. '� � RACHEL DODGE NOTARY PUBLIC-MINtdE"OTA r° Notary Public . h.?y Commission Ex�ires.la;i '�',�;;±� i . ;, _ .... ..,-Y-,-,-v-�Y-. :'r.°-.�. �..._.:.-....-.,...:�_.�:�'�^-" STATE OF MINNESOTA COUNTY OF HENNEPIN r� The foregoing instrument was acknowledged before me on this � day of 1.��i1ch.G-�, 2004 by Linda S. Vee, City Clerk of dle City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � , � ,,� ��:.� RACHEL DODGE � ��J�C�_.c._ fi�.�e...._-C^ ,C.�c�'��, i NpTqRy p�gLIC-MINNE:,OTA NO�. Public PAy Canmi�sion Expires Jan.31,2005 '' � . ..�._ .__�...-,�_ _<.-� Page 5 of 7 � o� 0 0 CITY of ORON4 ,� - ; � ti RESOLUTION OF THE CITY COUNCIL ' ��l �G~ 1 � 6 `9kES�I�4�' NO. � State of Minnesota ) ) ss. , County of Hennepin ) ��. This instrument was acknowledged before me this�'� day of r�- , 2004 by Thomas B. Swanson, husband of Marilyn L, Swanson. �� : � :�. RACHELDODGE 4 �.C.�-�..--F=A- '�' �;� C��.-�... �:` ` .-' n�co�'MtNNE�OTA s Notary Public , Expi►ea Jan.3i,24�5 , :_.�.=1�..�.A. ` State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this��day of �- ,2004 by Marilyn L. Swanson, wife of Thomas B. Swanson. �� Notary Public �� ;�w,; RACHEL DODGE z �v �� NOTARY PUBLIC-MINNC�OTA i �_..a Nh'Camrssion Fxpires Jan.39,�`G5 ; _-:<;"�"�" _—. Page 6 of 7 � O� O � � CITY of ORONU � ,� .;� � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�g'�G NO. � 1 e3 � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this /�/ day of ;j U+��- , 2004 by Robert E. Switz, husband of Josephine L. Switz. � i / � r / DENISE M.LESKINEN �q�(p�g�iC-MINNESOTA .b �y�'pn Expir2s Jan.31,2��' ; Notary Public �-,�°? State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this /D day of �v+'� , 2004 by Josephine L. Switz, wife of Robert E. Switz. 1 �� DENISE M LESKINEN - NOTARY PI�LIC-MMiNESOTA w I�rCaambetonExpaesJan.3l,z�c` }'k Notary Public �� Page 7 of 7 - - - - 54.3 ' - -- - N ,I �,i � EXISTING I I I � HOUSE a II ` � � a ,� o .� " � I C°' O I � �Y � _1`/� . ;'I .,�j� W . � 0 20 40 60 � � QI AGE �,�+ 1.� `� ,I� �� o . � 'C +� 9 0 , ,' 9'"' ; �� + � �� SCALE IN FEET �, o 1 9'� S 89 57 48 E 165.95 � ( ��` `.�9,,._` � I +�} = EXISTING SPOT ELEVATION. � o u�c FF�E„_ _...,—.�.��.��.T. ...r.�, .. Ci c� -- ! 9�ti��. � I 9'�gi� �i i ; 9�1px� � X(998.0)= PROPOSED SPOT"ELEVATION \ l � '— •-eH-tr�Es—. � i � � _ j5'2�_�� I'�•••"'� � DIRECTION SURFACE DRAINAGE � � �` [�_ ��- — —_ 62.3 e � � \ �.- _ � �'9�� 9�'� I ` 1 1 � 4. 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AT�1 C� � � Q � n � 1 \ tl� `` �trc�� 4n•�` ' -11 y Z � � W '{ � \� °'61--— 1— +'� � -`G, � — '�`�———— - 1�` �L tn Z (/� Q O � �� `�"� 12�`Y ' � W� � �`, � ��* �\� � � m � � W � O � � �, � ,� � � � g� �� .� a� � Z ` � O , � O \� �9'ye ` W G Z X' C� � �,�,� `\��I 1 \�\\1��` j O O � ' V � �' �7N\, �..� � ,,.��,. � � � � �► ��'�b i 4�� o � � � � o tv � �`'� � � n � + � � � N D � Go � Q �",aa �°1 ��4.x � � GA AGE � �� +v�� ` � � ` �lJ �►. �s"P� .� � � � in I 26.6 � ' M�(�i \ O g Y�� ' {�c�hP j S 9�6 ` 9�69� ' 9 y66+ � � �1 I � O P.�NOv`'� ' � Y 1. °� 1 , � �9`�`, 6 y _ _ ____-_�___ 1 ,�1 '� `` 1"✓l"IVVCj�I = p v��2W 1 � � �� .#°`'p SPa�=y.� �o r CONC RET WnLL .�:�4pK FE � .�.i_ .2"P� �P�fi� � S t��9 � P �- - - .6 � 9r �� CH LNK F x939Aiy�p�p F��`..._.�Y+� '11"11P� 11 � ' � 0 � �� , � , 6 � � *9'�� `� ^~ EAST 125.46 < HAR COVER i �� - n 5 '�� \ � r� o a �W�~ s 75+ ,= t 1424 SF X 25:{ = 2856 S�' HC ALLWD 0-75 = 920U SF ' 9j9� � ' �'�3\ \ �\\\ o � N � bg� � EXIST �ROPOS EXIST �ISTING HOUSE ' �96 �� 8• �,`` u�'i o v� �� HOUSE � 2665 SF "Fl 0 0 5�-= 30+0 SF (14.8R LOT)HOUSE = 450 SF R p D E S C R I P T I O N: \ N �y o�� S T E P S � 140 SF S T O O P = 5 3 S F D E C K � 6 7 0 S F B O A T H O U S E = 3�6-S F LOTS 14 & 15, SHADYWOOD, HENN. CO3 MN..- d F, _ �5 WALK = 88 SF WALK � 60 SF BOATHSE a 370 SF �.,�py 2060o SF 0.47 AC = � �� 3 DRIVE � 1200 SF IVE = 1000 SF 1e LANDSC. � 56U SF PID # 17-117-23-21-0020 � � � y� � o a LANDSC. � 335 SF OTAL =�kt53-SF � TOTAL = 2050 SF (22.3x) ADDRESS = 1740 SHADYWOOD ROAD g 3 �t^�t� � TOTAL = 4428 SF (38.8R) (20.2RLOT) p S P�(io (t�Y t6 =2565