HomeMy WebLinkAboutResolution 5857 Doc No A9455017 ,,�
Certified filed and/or recg�ded on
12/9/09 12:00 PYA
Office of the County ecorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 52 Pkg ID 590876
Doc Name: Variance
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
i
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-330, 78-1279 and 78-1403
FILE NO. 09-3414
O �
CITY of ORONO
ti
ti
RESOLUTION OF THE CITY COUNCIL
04�G NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-330, 78-1279 and 78-1403
FILE NO. 09-3414
WHEREAS, Patrick Middleton and Kathleen Middleton, husband and wife
(hereinafter"the applicants") are the owners of the property located at 720 Tonkawa Road within
the City of Orono (hereinafter the "City") and legally described as follows:
Attached as Exhibit A, Hennepin County, Minnesota (hereinafter the "property");
and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a second-
story addition over the existing home located 7.4 feet from the side lot line where a 10 foot
setback is required; and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a second-
story addition over the existing home located forward of the average lakeshore setback line; and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1403 to allow construction of a 4'x4'
covered porch addition above a relocated entry door resulting in a proposed structural coverage
level to be 17.85%where 15% is allowed and 17.73% currently exists.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 09-3414.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 1.0 acre and a minimum lot width
of 140'.
Page 1 of 5
0 0
M CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L�kESI30 NO. 5 85 7'
3. The Planning Commission reviewed this application at a public hearing held on
July 20, 2009 and recommended approval of variances based on the following
findings:
a. The property contains 12,632 s.f. in area and has 50' in width at the OHWL
and 50' in width at the 75' setback.
b. The lot is substandard in area and a residence has existed on the property for
many years.
c. There is no additional land available to bring the lot width or lot area into
conformity.
d. Relocation of the existing foundation and first story to obtain compliant side
setbacks would result in the house being unreasonably near the residence
structure on the adjacent property to the immediate south. Further, relocation
of the house further uphill to meet the average setback requirement is
impractical due to topographic constraints and would not result in an
appropriate house location due to the extremely lengthy lake setback of the
existing house to the north.
e. Hardcover on the property was approved at 51.8% in 1987 via Resolution No.
2324 when the detached garage was constructed. The additions are proposed
to result in only a slight increase in hardcover that is intended to be offset by
past reductions in hardcover on the site, resulting in no net hardcover increase
above the levels approved in 1987. This should be confirmed prior to issuance
of a building permit.
f. The proposed increase in structural coverage is due to the need for a covered
entry porch over the relocated entryway. This very minor increase in
structural coverage is reasonable and is the minimum necessary to accomplish
the intended purpose.
g. The proposed addition will not negatively impact light, air or open space
currently enjoyed by adjacent property owners.
Page 2 of 5
0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCI L
��kEsK0 NO. 5 85 7
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 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 a
variance from Orono Municipal Zoning Code Section 78-330 to allow construction of a second-
story addition over the existing home located 7.4 feet from the side lot line where a 10 foot
setback is required; and a variance from Orono Municipal Zoning Code Section 78-1279 to allow
construction of a second-story addition over the existing home located forward of the average
lakeshore setback line; and a variance from Orono Municipal Zoning Code Section 78-1403 to
allow construction of a 4'x4' covered porch addition above a relocated entry door resulting in a
structural coverage level of 17.85% where 15% is allowed and 17.73% currently exists, subject
to the following conditions:
1. Council approval is based on the site plan and building plans submitted by the applicants
and annotated by City staff, attached to this resolution as Exhibit B; except that
applicants shall submit a revised site plan/survey that shows all existing and proposed
hardcover on the property including house, sidewalks, landscape areas, patios & decks,
garage and driveway. Any elements of the site plan or amendments to the site plan which
are not in conformity with City codes or the hardcover approvals granted in Resolution
No. 2324 will require further Planning Commission and City Council review.
2. An as-built survey verifying compliance with the building permit and hardcover
approvals shall be submitted prior to the scheduling of the Final Inspection for the
addition.
I
Page 3 of 5
0
0 0
CITY of ORONO
A ,
ti
��
ti
RESOLUTION OF THE CITY COUNCIL SKo4"�G NO. 5 857,
3. The building plans submitted for building permit will be reviewed to ensure compliance
with the City's building height and number of stories regulations.
4. Hardcover shall not increase above the levels approved by Resolution No. 2324 adopted
in 1987. Applicants are advised that any future requests to increase hardcover 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.
5. 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.
6. Required removals of structure and hardcover to be removed shall be completed prior the
framing inspection for the addition.
7. 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 (August 10, 2010).
8. 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.
9. 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 10`h day of August, 2009.
ATTEST:
�4
2
U
F
Linda S. Vee, City Clerk Yes M. White, Mayor
Awal
roperty wner(s)
Page 4 of 5
0 0
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
`�kEsH0 NO. 5 8 5 7
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of G���'�U , 2009 by
Patrick Middleton, husband of Kathleen Middleton.
MONICA A.FADNESS
NOTARY PUBLIC-MINNESOTA ,� �
My commission Expires Jan.31,2012 N-9
otary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this A6day ofD � � , 2009 by
Kathleen Middleton, wife of Patrick Middleton.
MONICA A.FADNESS ,
NOTARY PUBLIC-MINNESOTA Notary Public
My 6emmisnien bOr®o Jon,31,20 2
Page 5 of 5
E 5857
LEGAL
DESCRIPTION OF PREMISES:
That part of Lot 9, Porten' s Point, First Division", lying
Northwesterly of the following—described line and its
extensions: Beginning at the midpoint of the Southwest—
erly line of said Lot; thence Northeasterly through the
midpoint of a line drawn from a point on the Northwesterly
line of said Lot distant 236.5 feet Northeasterly from
the most Westerly corner of said Lot, to a point on the
Southeasterly line of said Lot distant 208 feet Northeast—
erly from the most Southerly corner of said Lot, to the
Northeasterly line of said Lot, and there ending.
71
PAC
�a�ge. l�.ke..sh�.- r A
` s czk b,4cK 1.7 5 O \�t`e `� %lrr
p�5 6p 0
E
00
3FK -S(7--e oX- dec-IC
3r / ^c-iucecL dwIV13 1987 rtpm►rs
+
0 LOT AREAS:
'C\&� // LOT 12680+— S.F. c1
/ 0-75 FT. 3760+— S. F. co
J / 75-250 FT. 8750+— S.F. cn
>250 FT. 170+— S.F. ,
- o
LEGAL DESCRIPTION OF PREMISES:
That part of Lot 9, Parten' s Point, First Division", lying
•F .1�11.Si�,..�t `�4yy _
i
�I�°°��ElJ�II�Al671l61jlICI�lili?i4i1��lJ°si'.1i1IJ°�i,i°i"°�ljlet°tllilslal `°laiili111e{ill'I'!t11'I'!�'� III�IWIIIIIWII1��n��N111111116i-
!�►..t9�9l.��! 1116{7�111�41►1104��L{I
E i � IIS
�nlllllllnn® umom �
mniii — lana ��
.�� ••••� __� _. 11111111 E° °' •
'i IIIIIIIIII! � ��
J �
1II�I_ !°o:•°rz;°°i�e:°°e r o°rs 7•°•°°i u•a s re°s i e e1i i i1i a i i v°i°i°o1
li�i{{i i°ile°•°i°ia°°ioi,i iei y° a{°°i ep°ii i i°4hi°{,°ii°i°°oi @a{°9°�°°°��°�°�°yyl°�'■
• � — f{!{IAeII{969x{Illa�{o{�rA�Al11{�a9aal ll�ellla9a�A,AI{9a�a!{oA�hAlAa{�a� .���A19a1�1JI9n{�i eland{. �
. : . -
IER •
PAT&CATHY MIDDLETON RESIDENCE
• • 720 TONKAWA RD _
• • • 6
•
u07 '4V
rn
x
U)
z
�i
I N O
tO
h1
Z
O
I
N
H
A o 1
rn
x
d
1
b N ° o
N
N
b
a
I �
u
V
Z
O It4
m
I or
OAP
A
Z
0 n
N u i i Z
�> AN
n
Ou �z0
I Z �ZO
'N
CC a O pI 3 5 p JOB INFORMATION
WIER PROPERTIES f=�a
m o Z o a $E PAT&CATHY MIDDLETON RESIDENCE gS9gm I.
i w 0 ° 720 TONKAWA RD
X a I ORONO,MN 55356 m
1989 ,.l
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 10, 2009,with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 12th day of August , 2009.
City Clerk
(seal)