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Home My WebLink AboutRes 5629 • . .. . a40 . 0 = P o._ CITY of ORONO v,4s, \ fr 1: • 1� t,,,, �p RESOLUTION OF THE CITY COUNCIL `9kESYi04' NO. 5 6 2 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 07-3291 WHEREAS, Paul Ekholm and Laura Ekholm, husband and wife (hereinafter"the applicants") are the owners of the property located at 2606 West Lafayette Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 131, 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 78-1288 to allow 2,015 s.f. (20%) hardcover within the 0-75' zone where 0% is normally allowed; and 5,460 s.f. (23%) within the 75'-250' zone where 7,964 s.f. (33.5%) currently exists and 5,947 s.f. (25%) is normally allowed in order to construct an addition to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3921. 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'. 3. The Planning Commission reviewed this application at a public hearing held on May 21, 2007 and recommended approval of variances based on the following findings: a. The property contains 36,465 s.f. in area and has 125' at the 929.4' elevation and 130' at the 75' lake setback. Page 1 of 4 .• < O p . 0 =A,4, � CITY of ORONO fid, A+r +.4 ��,�'��,,, +G RESOLUTION OF THE CITY COUNCIL `9kestiol' NO. 5629 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. The home on the property is located within the 75' setback accounting for the level of hardcover within the 0-75' setback. The hardcover variances as requested are in line with the levels of hardcover variances approved on rebuild applications with similar lot conditions. The residence with the proposed addition meets the structural lot coverage limitation of 15%. e. The applicants are proposing to remove excess hardcover within the 75' — 250' zone in order to make the hardcover in this zone conforming where it was previously nonconforming. f. The proposed structure complies with all side yard, rear (street) yard, and average lakeshore setback requirements. 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 to Orono Municipal Zoning Code Section 78-1288 to allow 2,015 s.f. (20%) hardcover within the 0-75' zone where 0% is normally allowed; and 5,460 s.f. (23%) within the 75' —250' Page 2 of 4 .440 0 � 0 0CITYofORONO A, ti �� ,�,� i�01/4",� C~ RESOLUTION OF THE CITY COUNCIL 4/CES14-& NO. 5629 zone where 7,964 s.f. (33.5%) currently exists and 5,947 s.f. (25%) is normally allowed in order to construct an addition to the existing home, subject to the following conditions: 1. Council approval is based on the building plans and 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 2,015 s.f. or 20%. Because the property has 20% hardcover within the 0-75' zone, hardcover in the 75-250' zone shall be limited to 5,460 s.f. or 23% 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. 3. Applicants shall be required to submit a revised survey with the building permit application which meets the City Engineer's recommendations. 4. 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. 5. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the addition. 6. 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 (June 11, 2008). 7. 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. 8. 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. Page 3 of 4 ‘ig. 0 �. CITY of ORONO � �; i� ` �, p� RESOLUTION OF THE CITY COUNCIL .t SP1 .,s, `9kESI'i0� NO. 5 6 2 9 Adopted by the Orono City Council on the 11th day of June, 2007. ATTEST: Xiii de.— I- ‘///.."--€-- s Linda S. Vee, City Clerk of es M. White, Mayor C, fi' oi( z Property • er(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �7 day of L , 2007 by Paul Ekholm, husband of Laura Ekholm. CATHRYN M BRABANTii/ 1 t &-) ii 1 F fi "r Notary Public mL,,,j,-,--7 ,t4�` Minnesota Notary Public M'Comn fission ExpiresJ31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this..) day of , 2007 by Laura Ekholm, wife of Paul Ekholm. J n ' n CATHRYNN BM BRABANT ► CttL. '/ j f.)\L";--64-14- 1„7., Minnesota ► NotaryPubli. MY Commission Expires January 31,2010 0 Page 4 of 4 ON- NI ,._f_...., Lc) __{....i_1„,,124, (ev _ __,,,c„_---- ,4,„,„,-- ----k)„,----- ----.. _;---"-- �/ HARDCOVER flD FV<c,-1=1:___ J?io Irk...°` Sao 250+ 2875SF 75-250 = 23790SF 0-75 = 9800SF 10' X30% = 958 SF HCA EXI riTG. , - \, EXISTING HOUSE = 1344 SF HOUSE = 1075 SF "ou E - \ DRIVE = 6560 SF DECK = 260 SF Q,,61\\ °, DRIVE = 340SF/1 1.8% RWALLS = 60 SF PATIO = 650 SF I M TOTAL = 7964 SF/33.5% RWALLS = 30 SF PROPOSED g„ Axl 9.5 r \� o 7 TOTAL = 2015 SF/20.0% \ ow SAME AS ABOVE PROPOSED .ear- 24_ .ion �> ADDITION = 1210 SF PROPOSED �: .- � �o DRIVE = 2800 SF SAME AS ABOVE .Y2-..‘"o z°' ` F tioM ENTRY = 105 SF r o..kswo 33E \\ o p�u`ni TOTAL = 4115 SF �a' 1-551,•;' W,\\ m -IZ I +EXIST HO = 1344 SF 20 z�,5 xeisc " \ E O \\ z Cw M t TOTAL = 5460 SF 23.0 % L � 1 9'' x ` wo �� c 9330,1\\\ 1. �z��1 0 39 60 (-2504 SF) ° _` 44 I SCALE IN FEET ;26'. .,S).!:7--- -..-_,e,\- _ J,\ ' I A\ `D I I� >90 w�wN 5`` _ — ' 1 Ul I I I� II (� .4-0in 3 ' - '152 r5 I,. 56 ' 1 t0 W Qf +g91y = EXISTING SPOT ELEVATION. x h i � ,f< x I Jr.e'- - 1. to � F 1 610 y.� o X(998.0) = PROPOSED SPOT ELEVATION �� /• e- O ew- c�%c�-- 34.0 a q F: x113`' T i HI -o _ 45 0' .1C- • ',0 - 4/ I CCC,,, O� O oN ' O . �,�p i cx151TIN�� . � 4I i i = DIRECTION SURFACE DRAINAGE �� /0-4yY ,SP �+ HOJSE xaE� rni I� I I .a r- a. Joe`-.. 944.0 4:.,,•_.-ti, `� i 4,i,,,//E4. � " .te I �; 1:est'•� 1 � � J ,,, , (._,,, [,� i /. ,T;:.H ._2.Ac, ' 083 ■ Y EC ! -4‘.4-..,97:IIIt ' I,111 II� (� �`U O� / i.° , /l✓ x �. f '4?L ', SE, I \J r , ��V)) 0 i' Mc ,,0 i�E 0,/". -F a P' i 4 30.'. f� I`1 1 V� p O' ( pb4 C/ l�./ �� .L•n5- �,,6=\\ �.. ua; . ',Xi _, ` xSa;Z W� - M \y �1 1 (� E _� 40 e 92'.' E�. REM�ING DRIVE; y+u \ J I \• aacr EXI� r, %i MMJ I Q �1 o.1 1 ip O , 733,......_,,; 0; m� / ,9 - p ,_,.� LEGAL DESCRIPTION: L. 9' v TRACT A, REGISTERED ' :p%qi Ni rµF_ 5' N LAND SURVEY NO. 131 \ 2'Y1„,.,,,Z.;,„..-- zx ” "`` c''' a y HENNEPIN COUNTY, MN. Y i 6� R_50. \x 26 ADDRESS-2606 W. LAFAYETTE RD 4 °20, / P 943' � PID# d= �',: 4 -�:� �, ° 51 E \ 21-117-23-21-0001 $ 1 1 .T:,0.- - =36.0 ,7p.E , . / �g 1Fit �o a '= ii �� ` s 7 ` aRNE ,1 E'. - 0 ri fiENCHMARK ' x CO w oWm� �r� O - -o\ .., e TOPWEL943 7 LOT AREA = 36400 SF/ 0.83 AC z a° P N, P R0 SMHQ '7,4915 , N 2 g n �. .�_, N g o a wf 'L` < m