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Home My WebLink About#5124-variances-2004 ,r � _ _ ___� r O� , • O O �� CITY of ORONO � . � , : � . ti ti RESOLUTION OF THE CITY COUNCIL �� p4��G NO. � � � � kES�I A RESOLUTION GRANTING VARIANCES . TO MUNICIPAL ZONING CODE SECTION 78-282 and SECTION 78-350 SUBDIVISION (b) FILE NO. 03-2959 � WHEREAS, Timothy J. Latterner and Sheryl A. Latterner, husband and wife (hereinafter "the applicants") are the owners of the property located at 2032 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as follows: � All of Lot 5, Gust S. Johnson's Addition, EXCEPT that part described as follows: Commencing at a point on the Northwesterly line of Lot 5, Gust S. Johnson's Addition said point being 101.1 feet Southwesterly of the Northeast corner of said �� Lot 5; thence Southwesterly along the Northwesterly line of said Lot 5 a distance of 129.9 feet to the Northwest corner of said Lot 5; thence Southerly along the Southwesterly or Westerly line a distance of 1.8 feet; thence Northeasterly a distance of 129.9 feet to he point of beginning, City of Orono, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282 and 78-350 Subdivision B to allow hardcover within the 75'-250' zone in excess of 25% and hardcover within the 0-75' zone of 5.3 %. WHEREAS, the applicants have made application to allow a 2"d story floor expansion within 5.8' of the side lot line and reconstruction of a deck 2.5' from the side lot line where a 10' side setback is required. � FINDINGS • 1. This application was reviewed as Zoning File#03-2959. 2. The property is located in the LR-1C Zoning District, which requires a � minimum lot area of 0.5 acre and lot width of 100'. The property is 0.2 acre in size and has 40' width. Page 1 of 5 � � , , � O� • O � O z CITY of ORONO � -- : � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESIIOg'�G NO. � �. � � 3. The Plaiuling Commission reviewed this application at public hearings held on November 17, 2003 and recommended approval of the variance based on the following findings: a. Within the 75'-250' setback, the applicants propose the removal of 296 s.f. of concrete sidewalk, and 90.6 s.f. of bituminous drive in order to reduce their hardcover amount in this zone from 65.1% to 59.9%. b. Within the 0-75' setback, the applicants propose the removal of 72 s.f. of deck hardcover. c. The applicants will remove the carport, consisting of 357 s.f. of structural coverage, but leave the hard surface below the carport as an • accessory parking stall. d. The small size of the lot is a hardship that supports the level of 59.9% hardcover within the 75'-250' zone, given the existing developed • status of the property and the need for off-sireet parking due to the high traffic on Shadywood Road. e. The second-story expansion in the substandard side setback will have no negative impacts on neighboring properties. , f. The deck reconstruction in the substandard side setback will have no negative impacts on neighboring properties. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance 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 to alleviate a demonstrable 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. • � Page 2 of 5 � °� • o � o - � CITY of ORONO � - � ., . � �'� G'�' � RESOLUTION OF THE CITY COUNCIL ��kE580g'� NO. � A `� � CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE BE IT RESOLVED based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-282 to allow hardcover within the 0-75' setback zone of 5.3%, within the 75'-250' setback zone of 59.9% (consisting of 4504.4 s.f. of hardcover) and a variance from 78-350(b) in order to add a pitched roof over an existing flat roofed porch and to expand their current %a story into a full 2"a story within 5.8' of the property line and reconstruct a deck 2.5' from the property line where 10' is normally required 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 in the 0-75' zone shall not increase above 5.3% (160 s.f.). Hardcover in the 75-250' zone shall be limited to 4504.4 s.f. or 59.9%per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction 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. The carport structure shall be removed per the approved site plan. Required removals of carport structure and hardcover shall be completed prior to issuance of building permit. 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 variance will expire on that date(Maxch 8, 2005). • Page 3 of 5 � �� , � - � C ITY of ORONO � -, ;. � . . ti �� G~' � RESOLUTION OF TH1 C�IT�Y COUNCIL `�k'ESII�4 NO. °5 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 agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the � chain of title of the property. � � 8. This resolution supercedes the approval granted in City Council Resolution No. 5082. Adopted by the Orono City Council on the 8th day of March, 2004. ATTEST: • ' �,l' �'L.t'l� ---• Linda S. Vee,�City Clerk Barbara A.Peterson, Mayor � . � - Property Owner(s) . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 8 day of �c.� , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said inshument was executed on behalf of the City. > ,�• "� 3�RiS��.A�i?��4� r �-� ��.��_ • ,��,.+�":�d �l�i��YrU°LIC-��5`i4il�SCti;; � Notary Public 4 � i.,.:�+�`� ';�:C��i:!IS°:Q;7 rG7CN:ff3:..:. . ..'`�`�7 tJ _aa"�+'c�te•c, -�-?:c'::c;.�'sc' Page4of5 ' � °� � • o � � . � C ITY of URONO � � ti �'� G'�' RESOLUTION OF THE CITY COUNCIL ��kES�I�g'� � NO. a�i .�. � � STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �� day of /�Q»-� , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � /� � � .,�e.: RACH�L DODGE � �b�� ?'� NOTARYPUBLIC-MIP::�'��QTA � �,,:��.C�=�`��`"`'' " � . � . Ny Commission Expires Jan.:s1,2=C5 F Notary Public ....w�' �`, . j-�-�-�',y-. • -�+ .�� State of Minnesota ) . ) ss. County of Hennepin ) • This instrument was acknowledged before me this��`'day of�Q.r�,(_i, 2004 by Timothy J. Latterner,husband of Sheryl A. Latterner. � i � ��:� BARBARA G. SILUS �n�; f.OTARY FUSLIC-�iNh��J['� Tti` MY�anmission Expires Jen.31,zooa Notary Public State of Minnesota ) ) ss. County of Hennepin ) • This instrument was acknowledged before me this�`�day of Y� , 2004 by Sheryl A. Latterner, wife of Tirnothy J. Latterner. � tary Public � ,.,..,, � ��. SUSAN GAYLE ALVORD ;�``�� f�OTARY PUBLIC—MINNESOTA P�ly Commission Exp(res 1-31-2066 Page 5 of 5 a , . � 12 � - M11V1Y �� 1 U1v . . • �G'E CF WATER ,� 929.a q,y�R ` �� ti�' ,ya • i • 0� �� , � B 0 � � � � �Y fiO ` .'� � �� ' � �< v �� QG . � � � �s�� 3 . -;._ . ` �� 'O� �`a � = � � � �_ �,a 4 0 0 . �. � � c,°S 0 =" �� `� �� 4,�,� • � '��=y� `,�@ � • `� ; ^, � ti . 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