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Home My WebLink About#5349-variances-2005 �. � � O� • O O � CITY of ORONO 3 � ' : ' � n � ti RESOLUTION OF THE CITY COUNCIL ��.kE o4�'G No. 5 3 4 g sH. , ; A RESOLUTION GRANTING VARIANCES . TO MUNICIPAL ZONING CODE SECTION 78-330(B), 78-1279(6) AND 78-1288 FILE NO. 05-3118 WHEREAS, Mark Daniel Parten and Julie Ann Parten, husband and wife (hereinafter "the applicants") are the owners of the property located at 1310 Vine Place within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, and the easterly 35.00 feet of Tract B, Registered Land Survey No. 488, files of the Registrar of Titles, 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(B) to allow construction . of an attached garage addition 28' from the rear lot line where a 30' setback is normally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow an attached garage to be constructed lakeward of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 5.7% hardcover within the 0-75' zone where 0% is normally allowed and 11.4% currently exists and 29.5% hardcover within the 75'-250' zone where 25% is normally allowed and 24.1% currently exists in conjunction with the construction of an attached garage addition to the existing home. _ NOW, �['�IEREFOYtE BE I'�' 1t.�SOL�VED by the City Council of Orono, Minnesota: FINDINGS • 1. This application was reviewed as Zoning File OS-3118. Page 1 of 6 \ � _ O�� v • O �� O � CITY of ORONO � � . � � -� . . - �, ti RESOLUTION OF THE CITY COUNCIL ��`�kEsl3�g'�G NO. �.a3 � � 2. The property is located in the LR-1B One Family Lakeshore Residential Zoning Disn-ict which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public�hearing held on June 20, 2005 and recommended approval of limited variances based on the following#'indings: a. The applicants' property is 0.52 acre in area and 113' in width. b. There is no additional land available for acquisition by the applicants � to make the property conforming. c. The proposal will not have a negative impact on light, air or open • space within the neighborhood. d. The proposed additions are not out of character for the immediate neighborhood. � e. Planning Commission finds no hardships that support a net increase in site hardcover, however, limited hardcover variances in the 0-75' and ' 75'-250' zones are supported by the following haxdships: i. A revised proposal can reasonably result in a net reduction of 0-75' hardcover of 654 s.f. or 7%. ii. There is no additional hardcover that can be reasonably removed from the 75' —250' setback zone. 4. Applicants have submitted a revised proposal that meets the hardcover limits recommended by the Planning Commission such that there will be no net increase in 0 — 250' total site hardcover. The applicants have proposed a net reduction in total site hardcover 54 s.f. for a total of 4,314 s.f.. Total site hardcover shall not increase above 4,368 sf. 5. 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. Page 2 of 6 ' - � °� • o � o . � CITY of ORON4 � � .. . ti �',� G'�' RESOLUTION OF THE CITY COUNCIL ��kESII�4� NO. � e'� � � t 6. 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 zonin� 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 to Orono Municipal Zoning Code Section 78-330(B) to allow construction of an attached garage addition 28' from the rear lot line where 30' is normally required, and Zoning Code Section 78-1279(6) to allow construction of the garage addition to be located lakeward of the average lakeshore setback, and Zoning Code Section 78-1288 to allow 3.9% or 340 s.f. hardcover within the 0-75' zone where 0% is normally allowed and 11.4% currently exists and 29% or 3,974 s.f. hazdcover within the 75'-250' zone where 25% is normally allowed and 24.1% cunently exists in conjunction with the construction of an attached garage addition to the existing home, subject to the following conditions: 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 Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 340 s.f. or 3.9%. Hardcover in the 75-250' zone shall be limited to 3,974 s.f. or 29% per the proposed revised 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 6 _ O,�. � � � 0 �, � � CITY of ORONO � � ., . � ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kEsKOg' rvo. 5 3 4 � 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. 4. Required removals of structure and hardcover shall be completed by the footing � inspection for the garage addition. � 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 (July 11, 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 11`�' day of July, 2005. ATTEST: i�� , �� `/ �� Linda S. Vee, City Clerlc Barbara A. Peterson, Mayor �, � �i P erty Owner(s) � , . Page4of6 . �°� � • o � ° S C ITY of ORONO a � , ti ti RESOLUTION OF THE CITY COUNCIL ��kESI��g'�� NO. �.� � � . .. STATE OF MINNESOTA • COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�l�day of �/' , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munici al corporation and said instrument was executed on behalf of the City. • --="i � �.,,-:� � � 7 N'otary�Public f � � y� °' � JACQUELYN M.YOUNG � � �' � ' Notsry Pu",lic-Minriesata . .�:?':�,�`�';', My Gomrtdsabn E�ires Jan 31,2010 ' °�r;�,., STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �� day of ��L, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Miruzesota m nicipa corporatiori and said instrument was executed on behalf of the City. �oz.�.R_e.�_ � , RACHEL DODGE ' NOTARY PUBLIC-MINNESOTA Notary Public .r+�+=+ My Commission Expires Jan.31,201p • Page 5 of 6 " � �°� i o �. � S CITY of ORONO a � - � , ti � ti RESOLUTION OF THE CITY COUNCIL . �L`�kES�I�4�G NO. � e� � � . . . . . . STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me tlus f Z day of , 2005 by Mark Daniel Parten,husband of Julie Ailn Parten. � � BARBARA G.SfLUS ,,/��Q NOTARY PUBLIC MINNES07,4 `� ` .,n,.'' My Commisslon Facplres Jan.31,2ooa Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN /��` This instrument was acknowledged before me this /'_day of , 2005 by Julie Ann Parten,wife of Mark Daniel Parten. �`:�. �� RACHELDODGE ;;' �. 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