The URL can be used to link to this page

Home My WebLink About#4721-Variances-2001 L' ' � �� . � O � O . ��b. - CITY of ORONO � � - �� G�' RESOWTION OF THE CITY COUNCIL ��`9x'EgH04� NO. � � a� � � A RESOLUTION GRANTING VARIANCES TO MiTNICIPAL ZONING CODE , SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16(L)(2) AND SECTION 10.25, SUBDIVISION 6 (B) FILE NO. O1-2716 WHEREAS, Thomas A. Stokes (hereinafter the "applicant), is president of Brenshell Homes, the owner of the property located at 2200 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 13, Block 1, Wiley's Park Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and - WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16(L)(2) and Section • 10.25, Subdivision 6 (B) to permit the construction of a new single family residence on a lot of 0.5 acre area and 52' width where a 0.5 acre area and 100' width are normally required; and to a11ow 2,641 s.f. (27.8%) hardcover in the 75-250' setback area where 2,375 s.f. (25%) is allowed. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 15, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2716. . 2. The property is located in the LR-1C Zoning District, where 21,780 s.f. or 1/2 acre is the minimum required lot area. The property consists of approximately Page 1 of 6 � _ < ' . �� o . o . ��b. - CITY of ORONO ,� � �, . ti � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kEsI��4'� NO. � � �► � 16,941 s.f. or .38 acres. 3. The Orono Planning Commission reviewed this application on October 15, 2001 and on a vote of 6 to 0 recommended approval of the proposed variances based. upon the following findings: A. The property has been developed with a residential use since at least 1965. � B. The lot size is consistent with that of other developed properties in the neighborhood. , � � C. The existing residence and detached accessory building will be demolished. • D. The adjacent properties on either side of applicant's property are developed with existing single family residences, hence no additional land is available to make the lot larger. E. The site plan indicates the proposed setbacks 10' to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be located approximately 180' from the lakeshore, which meets the intent of the Comprehensive Plan for new structures. F. Massing occurs on the back portion of the 75-250' setback area. The additional hardcover in the 75-250' setback area keeps the location of the residence in character with other residences in the neighborhood and the attached garage negates a variance for additional hardcover in the 250- 500' setback area. ' 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 � i�� o . o ��e. - CITY of ORONO ,� � �, .. ti �� '�' � RESOLUTION OF THE CITY COUNCIL ��`�k',Egg04'� NO. � � � � � 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 keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS � . Based upon the above findings, the Orono City Council hereby grants variances � to Municipal Zoning Code Section 10.25, Subdivision 6 (B), Section 10.22, Subdivision 2, Section 10.56, Subdivision 16(L)(2) and Section 10.25, Subdivision 6 (B) to permit the • construction of a new single family residence on a lot of 0.5 acre azea and 52' width where a . 0.5 acre area and 100' width are normally required; and to allow 2,641 s.f. (27.8%) hazdcover in the 7�-250' setback area where 2,375 s.f. (25%) is allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require � further Planning Commission and City Council review. 2. Authorities granted by this variance run with the properry not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 13, 2002). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, • Page 3 of 6 �� /� �� o . o ��a. - CITY of ORONO a � - ti � �� G'�' RESOLUTtON OF THE CITY COUNCIL 'L�ggO.g''� .NO. � � � � hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 13th day of November, 2001. ATTEST: � ,.� .�4 - �/��i � _ Lin a S. Vee, City Clerk ' Barbaza A. Peterson, Mayor • � S � � Property Owner (s) � ( ��s � STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of November, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . DENISE M.LESKINEN NOTARY WBUC-MlNNESO�TA . My�bn Expbes Jan.31,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN //�- The foregoing instrument was acknowledged before me on this �7' day of November, 2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf f the City. V�I`JISE M.LESKINEN � NOTARYPUaUC-NqNNESO�A Notary Public �y��Sbn E�cpNes Jan.31,2005 � _ Page 4 of 6 : : .. �� O ' Y • O . O ��b. - C ITY of ORONO � ,� � .. � �� '�' RESOLUTION OF THE CITY COUNCIL ��sH�S�`� NO. � � � � STATE OF MINNESOTA � COUNTY OF HENNEPIN On this ��l�i day of .�o v e rn b�2 , 20�I , rth o ,m q s �. sf o/�'�s� ��S:�� personally appeared before me, � Q.�,J S h e I/� K o r�ps who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of /�/r'��e G- � ��20/� , a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. - • �—�'' MAFY Ai��l JON(vSON G�� ` NOTAt2Y PU3LfC•M,�I.t��SOTA � �., . , My Cortunission E�pi;es J2n.31,2005 Notary P lic .�::�.4' :iL:. STATE OF. MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � Notary Public � _ Page 5 of 6 :, . � �� ;``�\`�\ � / �� ''�. � �A�F�LJ/ �� `�\ C,Q yS,�GE-l.�N'4 SETBA�FROMTOHW 0-75 75-250 //250+ TOTAL �� A � q ►{pUSE 0 1899 . 0 1899 �� Dyk, Bq y � 4T � CARACE 0 0 I 0 � �t ��9�t � WALKS 0 700 0 0 DECKS ., 0 230 I 0 0 C �� \�s PoacHS o a8 o aa 1 �, /� , DRNE � 390 893 \ ) ' 'n�' �'*°1°= TOTAI SF 0 2�41 893 1937 � ^// s. � . oi°° s� ,.r e qREq �1 ZpryE 3g10 9 00 3553 16863 ' ��--"a':� °�� . ,r � �,so;os� ,,x, AILOWED S 0 / 25 30 ' 15 ��e�/ �fy�\ c^/y7 PROPOSED 0 ,2641SFJ27.87. 8935F/25.iS 19475f/11.SX ��f " i / � � � �' / '� ;h0 �1�// I� ` !� ' ' �'+4.3 9 j�`�/��/� �--/ �;/- _ �° 0 -'S-��AL,��v / � 3,� --ry�' ' ��//S/(�, o,� — % �O t� ^�'/f' '�cf / � �� -j�f;�./ . �� +�,f• �,� a DECK *� '_..� ��`° � *s"° � :�r� n o��7--,�6f%�i //�^ T d � / EXIST HOUSE � .�h��'I /�� y � � / �.. a` , i , ii � � ' ti � °� � � / ! � �9 � /, �� ryg � � / h/ /� �� /� \ ,�' \\ �/ /, � �'�o � ��'� �'t� � /� /�� + � !�/ iS.A.�r � •✓,/� �0 / . PROPOSED DRAWAGE ANO UTILITY EASEMENTS ! ' p� /a�"s�p� j �' ; � I , THE SOUTHWESTERLY 10 FEET i : �• 4 0 `DEca� , � . � ` �� THE SOUTHEASTERLY 5 FEET �� 'n�.:` �o .• �s I� y�•` THE NORTHWESTERLY 5 FEET � �\ �r • v, i � , � d./ � �.p �� +e ` . 1 � �:� ��o �a, DECK i �.�� .So �eas i � �\ � / 'i y,O �0� ry �.�� . � 1 /:� R,,� �� Q ry�/v OVS� Iq � . , t� �� i JO�,�� '� SAWTARY SERVICE � L �� tia> >>o o a ./• �,��* y�'( LOCA710N UNKN�WN y Y �oQ / . G v CITY HAS NO TIES � /r^ ; 42a ` � 1 ) ase(� ��s �_ APPROXIMATE ••. � �ws� � • • �!� WATER SERV �'• a� � �(TIES REMOVED)':: I ^^/ �,`y � 1� � �� ,.. / i? �`� �• ,L 1 f \�� / � �\� ° ��'~y ' p 30 60 90 �� ; < � � � io�'\ � � , � ,�.� - - �� io'� � �'�. I` � �� wy - - — -- -- .,, � "T � ��: � ��',,•� SCALE IN FEET � M . �� S'/y &T\� � x,�y 1,99� = EXISTING SPOT ELEVATION. � � 9�r�O G�e ` � x}�� X(998.0) = PROPOSED SPOT ELEVATION ��Q•�N �� b,� ��\ �:••'"�� = OIRECTION SURFACE ORAINAGE � �'�. �q0 � � ��s�� `� LEGAL DESCRIPTION: LOT 13, BLOCK� 1, \� �-v� WILEY' S PARK MINNETONKA PROPOSED ELEVATIONS� \� HENNEPIN COUNTY, MN. GARAGE FLOOR=942.0 LOT AREA = 16863 SF/ 0.379 AC . TOP OF FOUNDATION =942.5 SURVEY INFO PER EfN SURVEY DATED 9/20/2000 LOWEST FLOOR=934.5 NO TITLE WFO WAS PROVIOED FOR THIS SURVEY FFE = 943.5 REVISED OCT 16.01 ESMTSARAWAGE vao ccr e,a � �•�E Auc z2, Zoo, 'A� ' CERTIFICATE a£vs+a65EPT �o,o�acr �, oi OF SURVEY • i Land �er nrsr nur r��s�v�aco . Frank R. Cerderelle Surveyor 7 1E OR �'TR� °�Y ' T� �T� BRENSHELL HOMES ` , 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, fRANC R L .6300 1 �ij e�'�� IC`�ICi�C`I Page 6 .of 6 #�� '1��`'•