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Home My WebLink AboutRes 5341 A CITY of ORONO �" 1� ' RESOLUTION OF THE CITY COUNCIL '071110- `9k.Es-0.0 NO. 5 8 4 11 A RESOLUTION GRANTING VARIANCES AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-330 (B) AND 78-967 (B) FILE NO. 05-3100 WHEREAS, Lawrence J. Palm and Sheryl L. Palm, husband and wife (hereinafter "the applicants") are the owners of the property located at 1146 Wildhurst Trail within the City of Orono (hereinafter the "City") and legally described as follows: Lot 26, TONKAVIEW GARDENS, Hennepin County,Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for lot area and lot width variances and a conditional use permit per Orono Municipal Zoning Code Sections 78-330 (B) and 78-967 (B) to allow construction of a new residence on an existing lot 0.64 acres in area when 1.0 acres is normally required, 66' in width at the shoreline and 70' in width at the 75' setback when 140' of width at both locations is normally required, and a conditional use permit to allow grading and retaining walls within 5' of a property boundary. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3100. 2. The property is located in the LR— 1B, One Family Lakeshore Residential District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' at the shoreline and 75' setback. 3. The Planning Commission reviewed this application at public hearings held on May 1.6, 2005 and June 20, 2005 and recommended approval of the variances and conditional use permit based on the following findings: a. The lot is an existing lot of record where the existing home pre-dates the current ordinances, Paap 1 of ti i moi' O z CITY of ORONO .� �� O-',, pt i'T . RESOLUTION OF THE CITY COUNCIL <�kESIIC"- NO. ' � b. The applicants are not able to acquire additional property without neighboring properties becoming more non-conforming than current. c. The applicants have proposed a plan meeting setbacks, hardcover, building height, and structural coverage limitations. d. The City Engineer has approved a grading plan for the proposed home. 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 and conditional use permit 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 and conditional use permit 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 lot area and lot width variances and a conditional use permit per Orono Municipal Zoning Code Sections 78-330 (B) and 78-967 (B) to allow construction of a new residence on an existing lot 0.64 acres in area when 1.0 acres in normally required, 66' in width at the shoreline and 70' in width at the 75' setback when 140' of width at both is normally required, and a conditional use permit to allow grading and retaining walls within 5' of a property boundary, 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. Pao= ') (-4.'71 s - (:) g„,, 0 p , _ CITY of BOND `$ tV `AE '�''N- ‘102; A, � � ��, � � RESOLUTION OF THE CITY COUNCIL 41(es0.01" NO. r3i r 2. Proposed hardcover in the 0-75' zone shall not increase above the level of 0 s.f. or 0% following removal of all existing hardcover. Hardcover in the 75'-250' zone shall be limited to 3,255 s.f. or 25% and hardcover within the 250'-500' zone shall be limited to 2,952 s.f. or 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover shall require City approval, and increases in hardcover will not likely be approved above the limits allowed by Section 78- 1288. 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 prior to the footing inspection for the proposed home. Boathouse may remain during construction of the new home, only by signed agreement clearly indicating a time schedule for removal. 5. Applicants shall include a screening plan for retaining walls as viewed from the lake for approval by Planning Department staff 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 and conditional use permit will expire on that date (June 27, 2006). 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27th day of June, 2005. n,,,,,, '2 „c: . ---,, 0.47 CITY of ORONO 14, `l A 'A- Sf RESOLUTION OF THE CITY COUNCIL ikES1104 NO. 3 4 1 ATTEST: 2 .,.;( rs7 . ( e�, J` - / f �, ,,i Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ..ti ' Prop'erty 0 �-r(- / /� .\ l V l / STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this al day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .6.,,J i,,,,,, RISTI B.ANDERSON t .l 4UNOTARY PUBLIC MINNESOTA �' Notar PublicMyCommission Expires Jan,31,2007 ri^r✓r�v� „...-''-- .-.... STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of , 2005 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. !l�iYl!-JSY3/�P✓!!!!!IJ!!!!✓!!!I RACHEL DODGE 1 NOTARY PUBLIC-MINNESOTA (....) ti Notary Public My Commission Expires Jan,31,2010 1 .,,!!lllll!-/T/!ll!!!!!!�l,�lll!!J Page 4 of 5 ‘1.0.4 ), = =A; CITY of ORONO v 1. ti 4 --000: ,k �� ` kES1I04- RESOLUTION OF THE CITY COUNCIL NO. 3 zs , STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this {, day of r :ti ,. . , 2005 by Lawrence J. Palm, husband of Sheryl L. Palm. f, ?; JOAN M. SEAVEY Notary Public-Minnesota ,]1 • My Commission y on Ex fires 1/31/2010 . Notary Public • VVVVVVVVVVV V STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this / _;day of 2. , , 2005 by Sheryl L. Palm, wife of Lawrence J. 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