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Home My WebLink AboutRes 4364 .. //v. 0 ili. 10 O N'10- CITY of ORONO '� 1 w i, S G RESOLUTION OF THE CITY COUNCIL ��9k.eH04?" N0. 4 3 3 A RESOLUTION GRANTING VARIANCES PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISIONS 19-21 FILE NO. 2523 WHEREAS, Ronald Zebeck and Rita Jane Zebeck (hereinafter the "applicants") are owners of a property located at 998 Wildhurst Trail within the City of Orono (hereinafter "City") and legally described as follows: Lot 1,Block 1,Wildhurst Estates, Hennepin County,Minnesota(hereinafter"the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 20, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 9,613 s.f. (25.7%) hardcover in the 75-250' lakeshore setback where 10,299 s.f. (27.6%) exists and 9,340.25 s.f. (25%) is allowed and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21 to permit 1,300 cubic yards of fill on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2523. 2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of 1.5 acres or 65,396 s.f. Page 1 of 6 Of /44 O O CITY of ORONO 1,te, ‘‘‘.0,3k.0,,,, ,i'A / RESOLUTION OF THE CITY COUNCIL ESHO N0. Q 4 3. The Planning Commission reviewed this application on September 20, 1999, and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. Fill is required to level the property around the existing residence, provide a flat surface for pedestrian use of the property around the house, and to relocate the driveway. B. A steep hill is located around the residence to the lake. C. Retaining walls and fill are proposed to be entirely outside of the 75' lakeshore protection area. D. Overall hardcover within the 75' lakeshore setback and the 75-250' lakeshore setback will be reduced. E. The retaining walls and grading are required to allow access to a stairway for the deck located on the south side of the residence. If hardcover is reduced, an unsafe access would result to the deck. 5. The Council fords 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 properties, 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. 6. The City Council fords that granting a conditional use permit to permit 1,300 cubic yards of fill on the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping. with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 —i _ .4?vz 0.4i. O _, 0 =.^4: �ia,,� CITY of ORONO �1 l� ,v �+ ''s.,,, ,,, Ati / RESOLUTION OF THE CITY COUNCIL 9kest.i0 4 NO. 4 : Ll-7. The City Council has considered this application including the _findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare c f the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 9,613 s.f. (25.7%) hardcover in the 75-250' lakeshore setback where 10,299 s.f. (27.6%) exists and 9,340.25 s.f. (25%) is allowed and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21 to permit 1,300 cubic yards of fill on the property, subject to the following conditions: 1. The applicants apply to the City of Orono Building and Zoning Department for a land alteration permit. 2. Hardcover and land alteration shall be approved in accordance with the site plan submitted by the applicants, completed by James R. Hill Inc. dated 8/18/99 attached to this resolution as Exhibit "A". 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (October 11, 2000). 4. 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 . ._ . . �o 4, eo 0 7:::, CITY of ORONO �" ,,,, 09 i' ti RESOLUTION OF THE CITY COUNCIL 9kESHO4 NO. Q ;, ^s Adopted by the Orono City Council on this 11th day of October, 1999. ATTEST: / „ , %' Zfr / Linda S. Vee, City Clerk Carles Kelley/Acting Mayor / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October, 1999, by Charles Kelley and Linda S. Vee, Acting Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �---..-77a:,7.--4. ---'-'-...,—,...,.,:-..-...— :,..-:-.;Cff_, ��,�L"-fv1_( !• _�� .eillisri - CrRO.E A.ht SE'.1;,i l i; Notary Public ric',r.;Y Fl,cuc-'r",i; F.0 TA , h�'! z ,CC `'TY t P'v Corr.<sic Ey es J71 31,2CC1 r _...4010, ,.d -... ..... ..- /e./ .2,,t ,,,(_.j ,r,..dille'" Pr"ope�ty, ner(s) Page 4 of 6 /g. 6 O O - CITY of ORONO / IA `' $t' RESOLUTION OF THE CITY COUNCIL ` 1rESITO NO. 4 7.F5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /day of Cotrb ,,- , 1991 before mea Notary Public within and for said county,personally appeared Ci- T;h e 2 b o k, X i rr, e d known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. .-;4.0"r ' CAROLE A.HAF.:F.W.N NOTARY FUELIC-tii!TEM ( • _ HENNEPIN COUNTY (t;f L, 6. �t_tet-yrZ,lam Isc ^Ir`s J;,n.31.20^1 NO ARY PUBLIC._:. ivy Crrrm. icn Eye STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this tOk.day of 0 e4 drier , 199 9 before me a Notary Public within and for said county,personally appeared knna 1 ft 'Lebick v arr.'ed known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CYNTHIA J. 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