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Home My WebLink About#5857-variances-2009 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)