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Home My WebLink About#5082-variances-2003 � ' ..�`- eTT, , � O� O O • � � CITY of ORONO a • a.,. . � ti ��L �G~' RESOLUTION OF THE CITY COUNCIL `9kEs�IOg' NO. ;�� , RESOLUTION GRA�\�I'ING VARIANCES ' TO MUYICIPAL ZONING CODE SECTIO\ 78-282 and SECTIO\ 78-3�0 SUBDIVISION (b) FILE NO. 03-2959 . WHEREAS, Timothy J. Lattemer and Sheryl A. Latterner, husband and �tiife (hereinafter `�he applicants�') are the o�vners of the property located at 2032 Shadyv�-ood Road �-itbin the City of Orono (hereinafter the "City") and legally described as follo«-s: �11 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 bein� 101.1 feet South«esterly of the Northeast corner of said Lot 5; thence South��esterly along the North�vesterly line of said Lot 5 a distance of 129.9 feet to the � \orth�vest corner of said Lot �; thence Southerly along the Southwesterly or Westerly line a distance of 1.8 feet; thence Northeasterl� a distance of 129.9 feet to he point of beginninQ, City of Orono, Hennepin County, `iinnesota (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a �•ariance to Orono l�funicipal Zoni.n� Code Section 78-282 and 78-350 Subdivision B to allow hazdcover wlthin the 75'-2�0' zone in e�cess of 25% and allow a 2°d story floor e�pansion within�.8' of the side lot line where a 10' side setback is required. � NO`3', 7HEREFORE BE IT RESOLVED by the City Council of � Orono, tifinnesota: . FINDI\GS� - 1. This agglication tivas reviewed as Zonina File#03-2959. 2. The property is located in the LR-1 C Zoning District, which requires'a minimum lot area of 0.5 acre and lot �izdth of 100'. The property is 0.2 _ acre in size and has =�0' width. '� Page 1 of 5 � °� . o , o • - a CITY of ORONO � . .;. � a ti ��L �G�' RESOLUTION OF THE CITY COUNCIL `�kEsH.o4 No. 5 0�� . 3. The Planning Commission reviewed this application at public hearings held on November 17, 2003 and recommended approval of the variance based on the followina findin�s: a. Within the 75'-2�0' setback, the applicants propos� the removal of 296 s.f. of concrete sidewalk, and 90.6 s.f. of bituminous drive in order to reduce their hazdcover amount in this zone from 6�.1% to 59.9%. b. The applicants will remove the carport, consistins of 357 s.f. of structural coverage, but leave the hard surface belo�s-the carport as an accessory parking stall. c. The small size of t�e lot is a hardship that supports th� level of 59.9% hardcover within� the 75'-250' zone, given the e�-ting developed status of the property and the need for off-street parl:ing due to the � high traffic on Shad�wood Road. d. The second-story e�pansion in the substandard side s:tback will have no negative impact�on neighboring properties. • 4. The City Council has considered this application includ.i.ng 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 . variance on the health, safety and welfaze 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 propery in this zoning district; that granting the variance would not adversely affect traffic . conditions, light, air nor pose a fire hazard or other danQer to neighboring property; would not merely serve as a con��enience to the applicant, but is necessary to alleviate a demonstrable hardship or difficult�: is necessary to preserve a substantial property right of the applicant; ��d would be in keeping with the spirit and intent of the Zoning Code and Comprehensive � Plan of the City. � � CONCLUSIOtiS, ORDER AND CONDITIO�►S Based upon one or more of the above findings, the Orono City Council hereby " grants a variance to Orono Municipal Zonin� Code Section 78-282 to altou-hazdcover within the 75'-250' setback zone of 59.9% (consisting of��04.4 s.f. of hardcover) and a variance from 78-350(b) in order to add a pitched roof o�er an existing flat roofed porch • PaQe 2 of 5 c, � O� O , O • - � CITY of ORONO ,� � ,... � a � �� G~' RESOLUTION OF THE CIT�Y COUNCIL �kES�IOg' NO. �0 � � and to expand their current %Z story�into a fu112"a story within 5.8' of 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 7.7% (232 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. Applicant is advised that any future requests to increase hardcover or change the nature of - existing/approved hardcover shall require City approval; and increases in . hardcover wiil not likely be approved without concurrent reduction in existing hardcover. • 3. Applicant shall remove all plastic or fabric liner material from the decorative � landscape beds on the property to ensure their per.meability 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 applicant, but are permissive only and must be e:cercised 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 (November 24, 2004). 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. Adopted by the Orono City Council on the 24`�' day of November, 2003. • Pa�e 3 of 5 � � O� O O • �� s CITY of ORONO ,� � � ,... � , ti ��L �G~' RESOLUTION OF THE CITY COUNCIL `�k'Esl3og' NO. � � � � ATTEST: ��.�-��-e-�-% Linda S. Vee, City Clerk Barbara�. Peterson, �iSayor �� Property Owner(s) • STATE OF MINNESOTA , . COUNTY OF HENNEPIN � The foregoing instrument was acknowledQed before me on this 2�i aay of �, 2003 by Barbara A. Peterson, Niayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��_�� . Notary Public ,. . � ' AtiSSA A.WINTERNHEIMER � hOTARY PUBLfC-MINNESOTA : :�� E'y Commssston Expfres Jan.31,2006 • . Page 4 of 5 � . � � O� - O O • �� g � , �, . CITY of ORON4 � i r Cl� �� G~' RESOLUTION OF THE CITY COUNCIL `9kEs8og' N0. � o � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��day of. �� 4�0�.. , 2003 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. � ' ,� �. RACHEL DODGE •: ` � � �J �`:':`y,�`� NOTARYPUBLIC-MiNNE�OTA � l� Q�,..�U�'�— �OC� � '�� MY CommLssion E�cpEres Jan.31,2405 "5 �.��;.;,-�--, . .. Notary Public State of Minnesota ) ) ss. County of Hennepin ) • This instrument was acknowledged before me this o?(��day of �o"U`�n�c.J1003 by Timothy J. Latterner, husband of Sheryl A. Latterner. � BARBARA G.SILUS �� '�� NOTARY PUBLIC-MINNESOTA � .,,,;� My Commission Expires Jan.31,zooe Notary Public State of Minnesota ) � ) ss. � County of Hennepin ) flb This instrument was acknowledged before me this Z6 day of �✓cmbt r , 2003 bySheryl A. Latterner,wife of Timothy J. Latterner. .ri..- '':� /°�`'""\' LUANN C KOEBNICK �� '�� • � ;b�E�l. 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