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Home My WebLink About#5280-variances-2005 � . � , O� . i 7' • O � O � C ITY of ORONO . �„ � ti � RESOLUTION OF THE CITY COUNCIL ti ! ��`�k'ESH.�g'�G NO. e� � � � . , � � � A RESOLUTION GRANTING VARIANCES ' TO MUNICIPAL ZONING CODE ; SECTION 78-305 SUBDIVISION B � FILE NO. 04-3022 � . WHEREAS, Philip A. Skoog and Karen S. Skoog, husband and wife ; (hereinafter"the applicants") are the owners of the property located at 280 Tonka Avenue . � within the City of Orono (hereinafter the"City") and legally described as follows: � � � Lots 9 and 10, Block 2, Lot 18, Block 5,BAYSIDE ADDITION TO LAKE . MINNETONKA, and that part of Hill Street vacated which lies between the southerly � extensions of the East and West lines of said Lot 9, Hennepin County,Minnesota • f (hereinafter the"property"); and � WHEREAS, the applicants have made application to the City of Orono � for a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow ! construction of a 13.5' x 14' dining room addition 43.9' from the rear property line where ' � a 50' setback is normally required. . � ; NOW, THEREFORE BE IT RESOLVED by the City Council of ' Orono,Minnesota: ; FINDINGS � � ' 1. This application was reviewed as Zoning File#04-3022. � ' 2. The property is located in the LR-lA, One Family Lakeshore Residential_� � Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. i ; 3. The Planning Commission reviewed this application at a public hearing j held on January 18, 2005 and recommended approval of the reax yard � setback variance based on the following findings: . • a. The applicants' property is 0.54 acres in area and has 190' of width at Tonka Avenue. � Page 1 of 5 ! � i , l , . � O � � � � O � O � CITY of ORONO ,� ,, .; . . . � ; �'.� G'�' RESOLUTION OF THE CITY COUNCIL � �`9 4�'�' NO. e� � � � . � k'ES�I� I ; . b. The property is similar in size to the other lots in the immediate area. � , jc. The applicants' property is nearly conforming in width. With the ; amount of square footage (23,809 s.f.) the depth is disproportionate to j the width making it difficult to meet the rear yard setback with a ; reasonably sized addition. i � d. There is no additional land available for acquisition by the applicants � to make the property conforming. ; � e. The proposal will not have a negative impact on light, air or open fspace within the neighborhood. i ; f. The proposed addition is not out of character for the immediate • ; neighborhood. � 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 E 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. i ; CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow construction of a dining room addition 43.9' from the rear property line where a • 50' setback is normally required, subject to the following conditions: � Page 2 of 5 I � ' � ��< < ` ? O o � CITY of ORONO � � -- ; � , ti � G~ RESOLUTION OF THE CITY COUNCIL { '��,k.EsII�4� NO. �� . . i i i � ; 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 Plaruiing Commission and City Council review. i 2. Hardcover in the 250'- 500' zone shall not increase above the level of 4,090 s.f. or . 30%. Hardcover in the 500'-1000' zone shall be limited to 3,561 s.f. or 35%. { Applicants are advised that any future requests to increase hardcover above the f allowed limits 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. f ; 4. Required removals of structure and hardcover shall be completed by the footing ' inspection for the dining room addition. i � 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 (January 24, 2006). 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 agree to the recording of this resolution in the ! chain of title of the property. � ; } Adopted by the Orono City Council on the 24t�' day of January, 2005. • � Page 3 of 5 � I i � � _ � Y- � � O O � �� CITY of ORONU � � -- ; . � ti ti RESOLUTION OF THE CITY COUNCIL . ��kESSOg'�G ' NO. � `� � � . � . � • . i ATTEST: . /�� Liilda S. Vee, City Clerk Barb�ua A. Peterson, M�yor ,, ' C�� { ,-�-�- . � �� -� �..�� ' Property Ov,nier ' Property Owner�`"-�` � I • � STATE OF MINNESOTA COUNTY OF HENNEPIN i The foregoing iiistrtunent was aciciiowledged before ine oii this 24`h day of � January, 2005 by Barbara A. Petersoii, Mayor of the City of Oroiio,' a Miiuiesota � inluiicipal corporation and said i�sirunzent was executed on behalf of the City. ; ' � l i ' ► p(��g,�(��g�c��y � Notary ublic NC'r1�'A�dY�i�L�C-Pti7'?;iVcC�'',� � IY�f�Ni!�lQA�X{'ili'f5 s': ,f''�% ra _ .a.�='.':iL:.�.'YuQ.�'� � f 1 � . � 2 • . �" Page 4 of 5 1 f . t . . � �� • O � O � � C ITY of ORONO a- :. , . �., , ti ti RESOLUTION OF THE CITY COUNCIL ` ��`� g'�'G NO. � � � 0 'i k'ESII� . i � � STAT�OF MINN�SOTA � COUNTY OF HENNEPIN I . / ; The foregoing uisf�•uiiiei�t was ackiiowledged before me on this Z� clay of � , 2005 by Liiida S. Vee, City Clerk of tlie City of Orono, a Miiuiesota � nZUnicip�.l corporatioii and said iiisti�.uneiit was executed on bellalf of tlie City. , , t ..�`-�• RACHEL DODG� � � ,: !�w+;�: hOTARYPU3UC-�7UJN[SOTA z NotatyPublic • �ir i �'�.R,:... Mh'C°rtxnisslon Exptres Jan.31,2CQ"a ; ' Gr. °n'� '��'%:�.� . i 1 • , STATE OF MINNESOTA , COUNTY OF HENNEPIN Tllis instrunleut was aclaiowledged before xne tlus 7�day of , e•4 2` , 2005 � by Karen S. Slcoog, wife of Plulip A. Skoog. � . . � DENISE M.LESKINEN r ; ` N07ARY PUBLIC-MINNESOTA " �,,;;:�� My Commission Expires Jan.31,20�0 Notary Public i i � � STAT� OF M1N�N�SOTA � COUNTY Or HENNEPIN � ��-c� 1 This inst�ument was aclaiowlec�ged before ine this I`t� day of��2005 � by Philip A. Slcoog,husbaiid of Karen S. Skoog. � . � � r r RACHEL DODGE ,��C_�...., . ` NOTARY PUBLIC-MINNESOTA Nota�y Public • � �:•,,,::� My Commission Expires Jan.31,2010 , Page 5 of 5 � �'t��lt' � . �s ' i � . . � . �.�.� o � ., ° + i� . o�..•:Q ---- � iO1 X5ITIMG . ; SHE� v., • p• N � . ` �n� SET c n7.7, WAOLM`E � M; � � SAkO ' � 1 � BOX �V V �Q� WOOD BOROER (TYP) ; , �� o�'�iG .��R:��x��;. ��a � � . . . . °,' 11,5 m �` ............ .43.9. .. .............. 21.8 l�h ,�,,.:��d°., PROPOSED `;o;: AOD TIONI� �;�,a ,4'. -- 33.0 ';�tj --�—�----- t4. — — ------ ---- ............ ...�t�.......... ,'� oa G� � �° �� DECK . . r�a� 4 ��1*�� , EXISTING 1 `Q`' ��: .�z POOL STONE ` �p�� .;; 80RDER w y.t.,� ;�., �. ��'�� HOUSE ��;u Q °Fc,� � � � <�� ,� :'� LJ , ' Gi� �4�'�.� .Mt #LVO m t.Y..t no� . �'��%t � .` ,• / ❑A/C EOUIPb1ENT • n � • ' CONC, ' � � ' • WALLS � ; ; GRAVEL � � � � DRIVEWAY w000 ; srEas � � 24,0 I .1 -I- a � • �� I � � • STONE I I I L_ L_ `� � . • PATIO CONC. WALI CONCRETE ' WALLS t — + ' ` ', . ...•••500' SETBACK LINE FROM CREEK ; . � i 1 � � � • f . � soo�� s�Taac!� . L�^i� i_f��M � . S-!J8�5 BA'• . � , � - j ��: � �: