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Home My WebLink AboutRes 5232 o ,..„-,77.\k , o k - CITYofORONO IA , + +; per' RESOLUTION OF THE CITY COUNCIL L`gkESi-iOgv NO. 2 3 s A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 (B) FILE NO. 04-3051 WHEREAS, Kevin A. Fitzpatrick and Julie Fitzpatrick, husband and wife (hereinafter "the applicants") are the owners of the property located at 356 Westlake Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 8, Block 1, Hillside Park, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 (B) to allow construction of a new residence on a lot that is 0.643 acres in size when 2.0 acres is normally required, is 50.50 feet in width at the shoreline and 75' setback when 200' is normally required, and north and south side yard setback requests to allow 10' side yard setbacks when 30' is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3051. 2. The property is located in the LR — 1A zoning district, which requires a minimum lot area of 2.0 acres. The applicants' property is 0.643 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on September 20, 2004 and recommended approval of the variances based on the following findings: a. The lot was legally created as a 50' wide lot at the time of platting. Page 1 of 6 1. o _ o _ CITY of ORONO 1+' %'llk ' ti' RESOLUTION OF THE CITY COUNCIL 9kESIi04 NO. b. A residence has existed on the lot since 1957. c. If the required 30' side yard setbacks were enforced the lot would become unbuildable as its total width is only 50'. d. City requirements of structural coverage, hardcover, average lakeshore setback, lake setback and building height have been met with the proposal. e. Non-conforming hardcover within the 0-75' zone will be removed. f A reduction of 10% hardcover is proposed within the 75'-250' zone. g. An existing non-conforming side yard setback of 6' will be increased to 10'. h. There will be an improvement of neighborhood drainage despite significant natural topography that currently drives water to neighboring lots. i. The applicants have an inherent right to develop their property at a time they so chose. 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 variances 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 6 /------o 4 o _, o :w�,, CITY of ORONO ,4...:,$„,,,, ti r■ RESOLUTION OF THE CITY COUNCIL `9ke'si-j& N0. 5 2sl , 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 78-305 (B) to allow construction of a new residence on a lot that is 0.643 acres in size when 2.0 acres is normally required, is 50.50 feet in width at the shoreline and 75' setback when 200' is normally required, and north and south side yard setback requests to allow 10' side yard setbacks when 30' is normally required, 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 0%. Hardcover in the 75- 250' zone shall be limited to 25% 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. Approval is subject to the most recent grading plan which was submitted and approved by the City Building Inspector and Engineer on file with the Planning Department. 4. The proposed 14' x 24' out-building shall be reduced to a size of 14' x 12' and this reduction must come off the western half of the proposed 14' x 24' out- building. This smaller building shall be constructed with its easterly wall placed at the location of the east wall of the originally proposed building. 5. This resolution shall also act as a covenant restricting construction of additional out-buildings on the property. By executing this resolution the applicants understand and agree that the only out-building allowed is a 14' x 12' structure meeting all Zoning Ordinance requirements. 6. 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. Page 3 of 6 0 0 OctV 0 Al- CITY of ORONO IA • I %� RESOLUTION OF THE CITY COUNCIL `4kESI304 NO. 5 2 3 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(September 27, 2005). 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 27`h day of September, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Plop erty Owner(() �. Page 4 of 6 O D CITY of RONO 4:0 RESOLUTION OF THE CITY COUNCIL `gkESBO* NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this,,;0: day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 Notary Public LINDA S.VEE NOTARY PUBLICP r =^UT4 j (` ti My Commission Expns Jon.: STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this =1'' day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOT.w PUBLIC r 1 ,a Notary Public My Commission Expire ' Page 5 of 6 ev 0 CITY of ORONO N. RESOLUTION OF THE CITY COUNCIL o ' NO. State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 151-day ofhe...40124,Lp, 2004 by Kevin A. Fitzpatrick, husband of Julie Fitzpatrick. ---....-----_--_--_-- --_—_—_-----------.-.1 ,_:',,,,,,.• , r',",,RBARA G.SILUS 66-A-A6a4-0( 1-6t4 j;7(PUBLIC-MINNEBOTA ii'y(omrr..sLion E,-.pire.3 Jan.t'A,200B Notary Public ......,---....-.. ........- State of Minnesota ) ) ss. County of Hennepin ) , r This instrument was acknowledged before me this day of ' , -; , , 2004 by Julie Fitzpatrick, wife of Kevin A. Fitzpatrick. - RACHEL 1,10TAP,Y PLIDUC 1 My Commission Expicc. . Notary Public Page 6 of 6 EXHIBIT Aa 0-75' Zone 0 s.f. -------- 0% • I ,EXISTING BUILDINGS ;y � TO BE REMOVED I:xi:,; i .I -- -_�1, 1 I I(il-1'_C r i r 16 E � • I \ 3 1 I , ��, • G� ....... ' : •.: I 6!).. 127 _ i r�. r.':'. ' SWAL TO DRAIN- ----q q),1 • 53 0 . : E i0 .... ti - GRADE `.'� � f• ..:.. . ..... 1 ..I_..0 9 54.2 C fir ►. „jci --_1'� 'm °I L/ v�� • l� d- _.1.-_ ti. �t i _• Nom._ _. - 80 fl•,�u- w:tW . , �'1•,I _ r 54 —..--- 1."..- .� �, -. x OSED �' �i�(955.0 i z,e"' u) „l .' cE ' , c E , PROPOS • b/ P P . ` '_ � `` ,,1 t-,,i- t,1 • , •=•-� GE P-.� TRICK ,� z - sit r I. SP 1 GE ;'�71VF �r EARA FI TZf o _ _ _ _�.. N 111 III! ;: _-& 15Z, �S� UILD NG 9 ��.; - - 0 8 o ESIDENCE '� h - _ t j` • ,-t 01 : a,� 19 IITTII�I�III®�IOrll�l �'1 --�4 (g,2} ��F s� 6 • 4z.o �� :.: ;:h,• o =..��ROR�:SC�D STE 1 ,_ '� Z:�'•,a'' ra ' �` WA� r ,<< CrIEL`D VE�II`Y}- _ O -- ... 56 122 1 6 XMP.. :c,-•- 9 . ...� • �� • FENCE �ti� 4.;1- _ ,� mac:• - �. - i • 2... • .' tiC• SILT `, c• ` n � 4°° casco • '5':.GRADE WALE TO DRAIN Sa..19- _ I Vs.AVE TIRES BENCHMARK i !1 TOP IP ; W 506.50 _ 1 • 1 � ELE\' = 1 . 1 r : ;1 v 75'-250' Zone I House = 1420 s.f. . Porch = 80 s.f. Garage = 624 s.f. Driveway = 1520 s.f. PROPOSED ELEVATIONSSidewalk = 140 s.f. GARAGE FLOOR=956.8 Patio = 72 s.f. TOP OF FOUNDATION =957.1 Deck = 128 s.f. . LOWEST FLOOR-948.4 PT Out-Building = 120 s.f. ; eke TOTAL = 4107 s.f. 4107/16500 = 24.9% EXHIBIT A,, 250'-500' Zone Driveway = 2020 s.f. Out-Building = 7 L 5.-f. TOTAL = 2.2 -€- Z 6-so65 s.f. S 8'9'8' 16"E Imo. 513.63 . • .. 2250/7604 = 2 � Z`i.l% IW • - -- ��5 • • ---- .._...,. .. .. :.....:. • • O • I- • oiii0... - • . cwa • 0 m SAN MH '� _.�. .y;>..-- -- - � — — . _ - .. ._. _ - .. ... . ._ ._ ... .. • 283 � cy�- TR=93 .5 ...a �,0 SILT FENCE c c,(-' !. . . ! -..� : „r, �,� _ _— - ti- -.... 'h�o •,.\ GRADE SWALE ..1�O .DRAIN , ,_�, 1 ci5j. Cr) W ' . en } i t {