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Home My WebLink About#5145-variances-2004 ,. � �_�. . _ .-_. �� . . � O� O � O �� CITY of ORONO a �� -� � ti ti RESOLUTION OF THE CITY COUNCIL ��9 4�'G NO. � 4 � kESII� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 (B), 78-1279 (6), 78-282, AND 78-1288 FILE NO. 04-2992 � WHEREAS, Ronald F. Potas and Roberta Potas, husband and wife (hereinafter "the applicants") are the owners of the property located at 2190 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as follows: . Lots 14 and 15, Block 1, Wiley's Park Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHER.EAS, the applicants have made application to the City of Orono • for variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-1279 (6), 78- 282, and 7$-1238 to a11ow a side setback of 5.6' when 10' is required and 5.6' currently exists, a 10 foot encroachment on the average lakeshore setback, and a hardcover variance to permit 42% hardcover in the 75'-250' zone when 25% is normally allowed and 42% currently exists in order to replace an existing % story with a fu112"d story and • to change sections of roof that are currently flat to pitched, all while staying within the existing footprint. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-2992. 2. The property is located in the LR — 1C zoning district, which requires a minimum lot size of 0.5 acres. The applicant's property is 0.75 acres. 3. The Planning Commission reviewed this application at a public hearing held on March 15, 2004 and recommended approval of the side setback, average lakeshore setback, and hardcover variances based on the following findings: � Page 1 of 5 . .�, 4 � �°� .. 0 0 � � � . . CITY of ORONU ,� -- : = �., ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESH.�4�G NO. ffi � 4 � a. The proposed improvements amount to a renovation rather than a � rebuild. b. No new hardcover is proposed. Because existing hardcover exceeds the normal limits, it would be appropriate to require removal of nonessential nonconforming hardcover including 2 sheds. c. The revised roof line above the garage does not result in an expansion of living space within the substandard setback but allows for better management of roof runoff. d. The improvements proposed will take place within the existing . footprint. 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 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 applicants, but is necessaxy 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. 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 Sections 78-350 (B), 78-1279 (6), 78- 282, and 78-1288 to allow a side setback of 5.6' when 10' is required and 5.6' currently " exists, a 10 foot encroachment on the average lakeshore setback, and a hardcover vaziance to permit 42% hardcover in the 75'-250' zone when 25% is normally allowed and 42% currently exists in order to replace an existing 1/2 story with a full 2"d story and to change sections of roof that are currently flat to pitched, all while staying within the • existing footprint, subject to the following conditions: Page 2 of S � ;; � i �^ . :� �� i ;, r� 1, a. :� s 1 ' �: � °� 0 0 � � � CITY of ORON4 � -: ; . � . ti ti RESOLUTION OF THE CITY COUNCIL ��<9 4�'G NO. � � � � kESII� 1. Council approval is based on the site plan submitted by the applicants 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 the level of 1.2%. Hardcover in the 75-250' zone shall be limited to 7910 s.f. or 41.5% and hardcover in the 250'-500' zone shall be limited to 2375 s.f or 38.5%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 ha.�dcover 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. Two shed shall be removed as depicted on Exhibit A. The two sheds shall be removed prior to issuance of a 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 variances will expire on that date (April 12, 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 12th day of April, 2004. � Page 3 of 5 � °� � . 0 0 . • � CITY of ORONO ,� -. , � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�g'�G NO. � � � � ATTEST: ��.�n�' .�"- ��-� 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 ( / day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota unicipal corporation and said instrument was executed on behalf of the City. � � �-� , '� a��' /Joo�-Pf� RACHEL DODGE Notaxy Public �OTARY PUBLIC-MINNE^,OTA t R,r Cpmrnission Expires Jan.31,2005 STATE OF MINNESOTA COUNTY OF HENNEPIN , The foregoing instrument was acknowledged before me on this /5�'�tlay of �l G , 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. BARBARA G.SILUS v��,,�J4,��Q�f.l� '- ��OTARY PUBLIC-MINNESOTA Notary Public • .,,� My Corrrnlssion Expkes Jan.31,2008 Page 4 of 5 � o� , 0 0 • �� CITY of ORONO a � - � � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESH.�4�G NO. e� � 4 � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this /�day of ,2004 by Ronald F. Potas, husband of Roberta Potas. BARBARA G.SILUS ,.�...y " PdOTARY PUBLIC-MINNESOTA � �� INy Commi,sion Fxpires Jan.31,2008 ��i'Y Notary Public Sta�te of Nlinnesota ) . � ) ss. County of Hennepin ) This instnunent was acknowledged before me this��day of ,2004 by Roberta Potas,wife of Ronald F. Potas. BARBARA G.SILUS \��^ , ��-! ?L�? /J NOTARY PUBLIC-M�NN�SOTA X�y,r� -v(�Gto Ny Commission E:cp'ues d�n.31,2003 ' Notary Public • � ,� � : �'. Page 5 of 5 � � . • �,, �t � � �, � �ti � , ` i � ;; ; �I ;�� ,. ' . . �l ; ., ,. . ,':t _. � � � � �. � '� , . � . �FtARdCOVER . ��I'r � EX1STlNG�PRDPOSED � o—T� r�2� sF o A��ow�o � . � 14 � SHEp = 23SF-�T'0 BE REMoV�D ,�2gs '9�� ' ALL�W ED �+ � � MP = 96•SF � � C,Qr��/1//�/��. AL = �F / � ��OCK-BOX P�R � ~;�,_;` oH e�o°\� ST'q� �N'r��9 7 -250 18025SF 1��0 COD� S(P�N1��M 9�•0 ''��,�2gs �F''�,S Bq y X 2�%= 4756SF HG MAX. / '.:��-', ��„ HOUSE= 32085F / -.�`'�'`.., �� 996 `�''��:�or y 90 DEGK= 9133SF �MF 9szax'��a,� ,. � � A , .�u-.. 9285 • SHEO= 60SF�llv BE REMoV�D � � / S 932.1 33y�.' ��\ DRiVE = 32205F . 952• / / � '} �''L,�� . STOOPS =t 67SF ' / � � µ ��, � �KENNEL=• 176SF � � TOTAL = � SF / �� /�� v� . 2,50-500 6135SF �'�•b°�o `�`.� q35AX/ ,��` •x 3a�= 184osF Hc MAX.. � GARAGE =895SF DECK ` �P� // `93\/�\� .�p g� �}`"�'�. DRIVE = 16.80SF � ' ti ,5.z / R��D TOTAL = Z375 SF / 38.5q 'ea` s�.�oy�ti. `� \'�, 9,,.� Ful,� 2"D STORY v�!/ ` �\ g35.3y(�„gK� 0 93G �� P � 1L �'Y�7. O. PIT�HED RbOF A�LI.OW�� .�oo `S Qa ', Ec� ti°' ' . VEiL EX�S'��N� ;y�` `\ 9 �, , o '9"t`c,b +`4�'°'��+t\ . »n �.__ �y t,T (1 0 �q.� OV 1�N i , \ V y �4fs "�6 V•jb� t� �'y `Wl� �� y,��a . '°�' � o� EXIST HOUS� ��° �„° � �,� '� � /a�. ro�� °S #2190 / r�q '? ��ea\o� �, � ��240/��° G�c. ,�?�t� � �,° a,�.`�� Dn }-��/� i Q DG 94 .X'4 ry GP�,Sg �y� ,� a 3tJ 'Yy y � � � IW�� G/�l G��D� R�MoY�D ?�, � � pd.t,OW E D �ER-p 93�ONCF�ESE 940.3 `�� \ \ G(��S��'I ST�r• ' K94\� � � �• � � • G� �� 939A � �•7 �P �� ' / 0'� ,pEdC GP x9 � ' JE 9]95 ' �t� xg41A \�"4S0•�p`�, • � O � `� Sp aqq� � �J,� •0 O.G,� �O . �r g412 � ,� �v� DECK �J� 941�2 ` 56�� . 7$Q , �'�\ t�q� �� //\ �` �,� " J s '4 . \.1� 9 g P�p. y / ,Lg� x+" . G ry0 �� 942 N�S� /� rol�. �� `\.\ � R �g41.9 �' / �\ 1.0X ,�p 4 y� . y,�2,4 . �%' . x942� /l/ � r. . ` sOo °�\` 945¢ %'' sy�~ � ��g`\/ � 0 30 60 90 �/O\ �� ` c�°� �� \ "`y �O�� N�,\ ��\ Y9��y - - �Pp, � � SCALE IN FEET � /�O x943� ejT� � eM� _,di7 • � e � y,- = EXISTING SPOT ELEVATION. ' ��y `\ �� X(998.0) = PROPOSED SPOT ELEVATION: � = DIRECTION SURFACE DRAINAGE LEGAL DESCRIPTION: \��N�� i� �.� � LOT 14 AND 15, BLOCK 1, � �� WILEY' S PARK MINNETONKA �� ' HENNEPIN COUNTY, MN. �� tv NOTE — ALL VISIBLE HARDCOVER IS SHOWN LOT AREA = 32830 SF/ 0.75 AC � �\ ALL MAY NOT BE SHOWN DUE TO SNOW COVER "° �" CERTIFICA TE . � e ,B, 2°°4 P^� OF SUR VEY � ��S . r�+mr ffr nur �xvEr w�s vnEr Land `� �D°"'"°� �"�'� PO TA S �RES/DENCE Frank R. Carderelle Surveyor TNAT 1 A OULY ERED LNO AAVLY011 u� ,. :�T�TE��T� 6440 FLYIIVG CLOUD DRIVE EDEN PRAIRIE, "'� �� 2190 SHAD YWOOD ROAD . r �� .� ... r• �-r :+'� °R • ,.i I , ;f � . I �i 5 � �5 . �