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HomeMy WebLinkAbout#5681-variances-2007 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 FILE NO. 07-3315 0 0 � ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SH11D NO. 5 68 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 FILE NO. 07-3315 WHEREAS, Michael Ebertz and Donna Ebertz (husband & wife), (hereinafter "the Applicants") are the owners of the Property located at 1220 Tonkawa Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line described as follows: Beginning at a point on the easterly line of County Road No. 135 distant 1141.25 feet southeasterly along said easterly line from its intersection with the North line of Lot 10, said Auditor's Subdivision; thence northeasterly 143.2 feet to a point distant 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing northeasterly on the extension of the last- described line of the shore of Maxwell's Bay, and there terminating. (hereinafter the"Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 in order to permit 50.8% hardcover within the 0-75' zone where 0% is normally required; and 1.3% hardcover within the 75' — 250' zone in conjunction with the construction of a new single family home on the existing lot. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#07-3315. 2. The Property is located in the LR — 1B zoning district, which requires a minimum lot area of 1 acre and a minimum lot width of 140 feet. The Applicants' Property is 46,710 s.f. or 1.07 acres. Page 1 of 5 0 0 0 CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL SII04� NO. 5 68 1 3. The Planning Commission reviewed this application at a public hearing held on September 17, 2007 and recommended approval of hardcover variances based on the following findings: a. The Property is 1.07 acres in size when 1.0 acres is required. b. The Property has a lot width of 427± feet at Tonkawa Road and has over 300 lineal feet along the shoreline. c. Due to the configuration of the lot, the wetland buffer and buffer setback, and the shoreline of the Property, the home must be constructed in the far north portion of the lot to meet setbacks. d. The Applicants' proposal meets the 30' height limitation. e. Because of sight visibility problems on Tonkawa Road, and in order to maintain the private, wooded nature of the lot, a "switch back" driveway has been proposed and will be necessary to safely exit the drive. f. The Applicants have proposed to utilize downspouts, gutters and rain gardens to manage their storm water on the site. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, continents 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 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 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. Page 2 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE C Tx TUNCIL �`glfE Ogg NO. 5 StS I; CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1288 in order to permit 0.7% hardcover within the 0-75' zone where 0% is normally permitted, and 51.7% hardcover within the 75'-250' zone where 25% is normally permitted in conjunction with the construction of a new single family residence, 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 Exhibits A & B. Any amendments to the site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. An engineered rain garden design shall be submitted along with the building permit application for approval by the City Engineer prior to issuance of a building permit. 3. The applicants shall grant Permanent Flowage and Conservation Easement and Restrictive Covenants for wetlands and wetland buffers prior to the issuance of a building permit. 4. An as-built grading plan verifying compliance with the building permit, rain garden, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building plans submitted for building permit will be reviewed to assure compliance with the City's building height and number of stories regulations. 6. Hardcover in the 0-75' zone shall be limited to 221 s.f or 0.7% and hardcover within the 75'- 250'zone shall be limited to 6,921 s.f. or 51.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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. Page 3 of 5 0 0 0 CITY of ORONO ti ti RESOLUTION OFT EoI Yff OUNCIL SI;04�0 NO. 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 (October 22, 2008). 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 22nd day of October, 2007. ATTEST: Linda S. Vee, City Clerk ames M. White, Mayor Property Owner(s) Page 4 of 5 0 0 ANq CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ~ 5 6 8 � `9kESI;0 NO. 7 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thisday of &'djAbjj,'�'2007 by Michael Ebertz, husband of Donna Ebertz. '' 'IF11 i INE W,MAT FSON ' N(YrA€?Y PUBLIC-MINNESOTA 6 ?J C�maiac✓n su;i:ns Jdn.31,2909 pr. -,,le.*"<.:. :, ..,�<v+,o,�b (OtA,ic STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thisay of by Donna Ebertz,wife of Michael Ebertz. a' ✓ { RACHEL DODGE r a �' j NOTARY PUBLIC-MINNESOTA Notary PUb11C %1 Covnsslon Expires jan.311,2010 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES .IAN 2 ' 1008 H Ip OUNTY MILAN. gY PUTY t � I Page 5 of 5 TE ------ .�---- MICHAELRTJ�cA& DONNAOEBERTZ — IN LOT 9, AUD. SUB. NO. 217 f HENNEPIN COUNTY, MINNESOTA EXISIM F ����/ c �� ��� /l I \\\\\\\\\\ �^�C/TY 2`S200j •sD�n.I�r�Ba.v�nAa,cA.Da RpN r — — \ 68 .PRO'OSED HOUSE _ \ \ I#1220 \ lei o 9 LAKE o �I MINNETONKA d � MAXWELL BAY NJ I II PRDF0$D ELEVATK*G 1)G-."-® 2)Tee of lanealian- 3)Nen Ik->.® LEGAL DESCFWT04 OF PREMSES t \. TW Pert. 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'5 _ 11 RECEIVED EJ, 8 I 0-1 SEP 2 4 2001 rs , -to-of CITY OF ORONO-+ I, CJt O*% 00 r 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 October 22, 2007, 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 26`h day of October , 2007. © City Clerk i Doc No 9087856 01/22/2008 01:47 PM Certified filed and or recorded qn above date: Office of the County; ecorder Hennepin County inn esota Michael H. Cunniff ounty Recorder ranslD 369244 Deputy 53 P tY Fees $35.50 DOC $10.50 SUR $46.00 Total Iii