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Home My WebLink About#4473-CUP/variance-2000 /� 1 � � O O • ��b. - � CITY of ORONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL , ��ESIi�4��' � NO. _� �d � � U A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZO1vING CODE SECTION 10.03, SUBDIVISION 21 AND A VARIANCE TO SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 2486 WHEREAS, Elaine E. Erickson, (hereinafter "the applicant") is the owner of the properry located at 1270 Spruce Place within the City of Orono(hereinafter"the City") and legally described as follows: Lot 2,Block 10, Saga Hill Revised, Hennepin County,Minnesota(hereinafter"the properry"); and , WHEREAS,the applicant has applied to the City for a conditional use permit per Municipal Code Section 10.03,Subdivision 21 for grading within 5'of a lot line,and a variance from • Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2)to permit construction of a new residence allowing 2,647 s.f.(46.93%)of hardcover in the 75-250'setback area where 1,682 s.f. � (27.58 %) exists and 1,525 s.f. (25%) is allowed; and 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 April 17,2000,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#2486. 2. This properiy is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .23 acres or 9,850 s.f. • ; Page 1 of 6 � �� °� 0 0 . • ��b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESI��4�' NO. ,� � `�d � 3. The Orono Planning Commission reviewed this application on April 17, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The proposed new residence will meet the required side setbacks of 10' on a lot that is 50' in width, and will meet the required 75' lakeshore setback. B. The proposed improvement will result in an increase of hardcover within the 75-250' setback area to 2,647 s.f. (46.93%). It is not feasible to construct a 1,500 s.f. residence/attached garage on this small lot without exceeding the 25%hardcover allowance. The hardcover has been minimized to the greatest ' extent possible while still accommodating an attached garage. C. The structural coverage will increase from 1,150 s.f. (11.3%) to 1,500 s.f. (15%), meeting the structural coverage limits imposed by City Code. � D. The improvement as proposed will not have a detrimental impact on the values of the surrounding residences. E. The proposed grading within 5' of the side lot lines will have no negative impacts on adjacent properties. 5. The City Council finds that the conditions existing on this properry 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variance on the health, safety and welfaze of the community. • Page 2 of 6 , ` � O� O O • ��b. - CITY of ORONO � � � �� '� � RESOLUTION OF THE CITY COUNCIL � �9kESH�4��' NO. � � `�� . 7. The City Council finds that granting a conditional use permit to allow grading�vithin 5'of the property line not to be detrimental to the health,safety or general welfare of the public,would not adversely affect light,air nor pose a fire hazard or other danger to neighboring properties,nor will it depreciate surrounding properry values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 a conditional use pernut per Municipal Code Section 10.03, Subdivision 21 to allow grading within 5'of a lot line,and a variance from Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2)to permit construction of a new residence allowing 2,647 s.f.(46.93%)of hardcover in the 75- 250' setback area where 1,682 s.f. (27.58 %) exists and 1,525 s.f. (25%) is allowed. Approval is subject to the following conditions: • 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Applicant's contractor shall obtain the required demolition permits for the removal of the principal structure. 3. Applicant shall submit plans of engineered retaining walls for review by City staff prior to issuance of building permit. 4. Authorities granted by this variance run with the property not with the applicant,but are permissive only and must be exercised by application for a building pernut within _ one year of the date of Council approval, or this variance will expire on that date (June 12, 2001). 5. 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. • Page 3 of 6 * . �_ � � O� O O . • ��e. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9kE II�4��'G NO. � � `� � S . The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 12th day of June, 2000. ATTEST: � � �� . Linda S. Vee, City Clerk Gabriel abbour, Mayor . � 1 , � � • Property Owner(s) STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) � � . The foregoing instrument was acknowledged before me on this 12th day of June, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instnunent was executed on behalf of the City. � �.� � ,� MARY ANN JOHNSON NOTARY PUBUC-M1NNE50TA Notary P I1C � � .,�. Mp Comrrdssia►ExPUes.►an.31,20QS �.. . -•-� • • Page 4 of 6 I . / O � � O O • ��b. � CITY of ORONO � � �� G'�' . RESOLUTION O�F T�H�Cs�ITY COUNCIL `�kEsKO�' rvo. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of •� K�)l ,2000,before me a Notary Public within and for said County,personally appeared F/9i n 2. �, �,Prc�'S rs�; , c�i d o w�� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �/ul� C�`�-�-•� '' .a MARY ANN JOHNSON Notary Pu ic NOTARY PUBLlC•(WfNNESOTA � A4Y Cam►�ssion Expires Jan.31,2005 �'- ..., . . . STATE OF MINNESOTA ) � • ) ss. COUNTY OF HENNEPIN ) On this day of ,2000,before me a Notary Public within � and for said County,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public � Page 5 of 6 Exhibit� � � � � , � , �� • CERTIFICATE OF SURVEY FOR . � KEN & ELAINE ERICKSON OF LOT 2, BLOCK 10, SAGa HILL REVISED HENNEPIN COUNTY, ti11UNESOTA � � .�\ �� _ �� j s•-, .,,,,, t�!M- �.� S[� I�M M �� s • EYS� �Y uvs '��q i' � � � � . - nlr� '.�y��' •,\"' 1`,' ' !N'�.� � � f� . ��,.�� ,,•��,� �� T• ,y v- . 3 � �- . ,�T ,� -.• ' ��,, '•�//�''=% �.: „��u � . �M.n-• � f �� '�;/y.-. Q:. O�J .r� � ��.cl . � in.,i�• \ ` . ,'.d•t''r,aD ', � ',S;_ _ _ • 1 � i«„ .- t � ,.:;,r �, � - • ,• j � ,,,��•' \ ...� t�� ' �'�.�.ws°�a�•`�. In�ry � ,� � . �...� . � pe � _„epSE� .� �: . . - � . �n. N� s p�� °'d � �� , . 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