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HomeMy WebLinkAboutRes 6071 p kb =A..f - CITY of ORONO �1 ��itVr-_ p RESOLUTION OF THE CITY COUNCIL `9kESH04 NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 11-3517 WHEREAS, Dennis Swen Hylen and Patti Mae Hylen, a married couple (hereinafter "the Applicants") are the owners of the property located at 1299 Wildhurst Trail within the City of Orono (hereinafter the "City") and legally described as follows: Southwesterly 75 feet of the southeasterly 100 feet of Lot 46, Tonkaview Gardens, 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 addition to the existing home with a partial second-story resulting in an 11.7 foot setback on the rear of the home where a 35-foot side street setback is normally required and a 9.4 foot setback currently exists; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 15, 2011 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3517. 2. The property is located in the LR-1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140'. Page 1 of 5 ‘--,;?. OCITY of ORONO Vii,, ,�' i, ,r �' i1�1iMit' G~ RESOLUTION OF THE CITY COUNCIL ikES-FI04 N0. 6 0 9 1 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2011 and recommended approval of a side street setback variance based on the following findings: a. The property contains 7,430 s.f. (0.17 acre) in area and has 75 feet in width. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. Adjusting the proposed addition to meet a 35-foot side street setback would create awkward design challenges and offer minimal benefit to the adjacent property owner. e. The proposed, partial second story will be set back an additional 9 feet for a total of 20.7 feet from the side street lot line to reduce massing. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants have demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the applicants of the reasonable use of their property. 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. Page 2 of 5 e'sf4141 _� , � CITY of ORONO � � `�� 61 RESOLUTION OF THE CITY COUNCIL � `9ttESH04�� NO. 6 7 1 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 practical 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 variances to Orono Municipal Zoning Code Section 78-330 (B) to allow construction of an addition to the existing home with a partial second-story resulting in an 11.7 foot setback on the rear of the home where a 35-foot side street setback is normally required and a 9.4 foot setback currently exists, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. No hardcover variances are granted. The Applicants must remove plastic and fabric underlayment from all landscape areas to reduce hardcover on the Property. 3. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 4. 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 and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 12, 2012). 5. 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. Page 3 of 5 0 0 =si, , CITY of ORONO "� I, olio'�_ RESOLUTION OF THE CITY COUNCIL �kEs-00�' NO. 7 1 6. 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 12`h day of September, 2011. •T ,' .;Cnida S. Vee_c.ityClerk Lili Tod McMillan, Mayor i ''' ' .. - _ _.-", 10197 - Property Owner(s) Page 4 of 5 .,?. 0.41 , (/ O 4414 CITYofORONO 1, ‘;\ xtfr •�4 ►� IMi��. .G4RESOLUTION OF THE CITY COUNCIL ikESBog' NO. 6 0 ? 1 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this) 741.1day of_5 , 2011, by Dennis Swen Hylen, husband of Patti Mae Hylen. i 'PE,': LORA L BUDACH NOTARY PUBLIC-MINNESOTA Notary P blic W MY COMMISSION EXPIRES 1/31/12 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this It day of -1-- , 2011 by, Patti Mae Hylen, wife of Dennis Swen Hylen. / IF ;.1... ti -, LORA L BUDACH I A Kali c. ..�:. NOTARY PUBLIC-MINNESOTA Notary Pus is ''W'''-'". MY COMMISSION EXPIRES 1/31/12 Page 5 of 5 841 CERTIFICATE OF SURVEY ORIENTATION OF THIS ECE,1i -for--Patti Hylen BEARING SYSTEM s V D BASED ON THE PLAT OF 1299 Wildhurst Trail, Orono, MN LEMMERMAN ADDITION. ELEVATIONS BASED ON GROUND SURVEY I ,?011 4°,b\ I 1 1 & CONTOUR DATA PROVIDED BY THE CI OF CITY OF ORONO,MN. O12pNO I - - ' \ CARA I F- IVI I F- Ff I\/1 l%.1,,I I I r .. 1 I 11,1 • _ NORTH Y m : a � , ...---7,4i i_ 996 »9':'}I/ OD'! 1��O • DENOTES IRON MONUMENT FOUND AS LABELED :'1� Lp �S� O DENOTES IRON MONUMENT SET,MARKED VLSI 45356 ' fd3 i m e \\ ...Y.! �.. „ ab f., \,�,s y 990 \A/ 7,430 SQ. FT'. e,�s° \ �sf 9N _r • OcI10 M1Oi k @��, +?, eery 1F+•soZ \ ., , Q,ERTa' .`'5`015'4' 1 s, aazo CS / FP--flS��Ctf.P P \p ' `Is 0 ., IqqqII<1-‘"Pr-71 '`: ROCK RETAINING I / bs 5CJ .�%vr T WAUS_1 1 � ` -FFE-985.2 s 1 (DNLO 06 SO.FT .. '.C• C._ n: Vin:•(l\-2.3869 US FT o . 1 4?.......-` �' . so. —LANpSCME fABInL UNDERLAY O �H r 1 1 ' q . --1- ]W3 50.iT. \ '> `01 4A �a9P'�,!�,.9. 01 11 °'' 60 \ 5$ C , % N ' \\- / / \ 0n' �� sQAipD // \ // p Y/ 9 ol3°a - 0 $ Y 1 i Pr'"Z.' / \\ 'Qi 4 // \ \ \ OO DENOTES SANITARY SEER MANHOLE \ © DENOTES GAS METER \ \ \ OS \ X 952.36 DENOTES EXISTING SPOT ELEVATION - .BUILDER TO VERIFY HOUSE ADDITION DIMENSIONS. \ ® DENOTES WELL = SETBACK ZONE FROM OHM_ LAKE MINNETONKA: 250-500 FEET nENDTEs RETAINING WAD a 30X HARDCOVER ALLOWED IN THIS ZONE LOT AREA= 7,430 S0. FT. •-- "'••-- DENOTES EXISTING CONTOURS Q IMPERVIOUS SURFACES (ON LOT): N HOUSE = 669 SQ. FT. OHw DENOTES OVERHEAD WARE m SHED = 64 SO. FT. ^ BITUMINOUS DRIVEWAY= 218 S0. FT. I ,-.I ROCK WALLS = 106 SQ. FT. DENOTES BITUMINOUS SURFACE \I CONCRETE STOOP & WALK = 54 SQ. FT. m DECK 131 S0. FT. C----) DENOTES PROPOSED ELEVATION r` LANDSCAPE UNDERLAY FABRIC = 300± SQ. FT. TOTAL EXISTING IMPERVIOUS SURFACE: 1,742 SQ. FT. -4.--- DENOTES DIRECTION OF DRAINAGE ir X EXISTING IMPERVIOUS SURFACE: 23% N PROPOSED D DI N 207 sQ. FT. F LEGAL DESCRIPT/DIV.• -1 TOTAL PROPOSED IMPERVIOUS SURFACE: 1,895 SQ. FT. ti X PROPOSED IMPERVIOUS SURFACE: 26% ± SOUTHWESTERLY 75 FEET OF THE SOUTHEASTERLY 5 PROPOSED ADDITION ELEVATIONS- 100 FEET OF LOT 46, TONKAVIEW GARDENS, a, (TO MATCH EXISTING HOUSE a FINISHED FLOOR ELEV.: 985.2 HENNEPIN COUNTY, MINNESOTA. m Scale 1"= 30'1 Job No. 11273LS JDrw9 By KDN I hereby certify that this plan, survey or report was prepared by me �¢ 5 or under my direct supervision and that I om a duly Licensed///IYIYIb/ Land E R 111 R enue tun a Surveyor under the laws of the State of Minnesota'"`— PROFESSIONAL LAND SURVEYORS E. G. RUD & SONS. INC. 255 HWY 7 EAST ByHUT(320)5 N,MN 55350 Wti TEL(320)587-2025 Dated this 9th doy of July. 2011. Minnesota License No. 45356 FAX(320)587-2595 www.OgIU.c°m L-B http://service.mai 1.com/callgate-6.42.4.0/render/6.42.4.0/render/getDe... • X071 ®Qil.CO(p "T S"(todd©pacificwest.com> Subject:Re:Addition �� y From: Doug Vaughan L Sa—t1 P f (1.) GX ! . C B To: T S Date: 07/17/11 11:57 AM 3_�• r 5.-2• - 10'-2" -f O1111 N 2x10 joist tfi'on center. (?cams specs_by others__ B I j 2nd Foor Addition 7 _ ;:i SSS777 s 71 - ";a r ...._._`:.('�:.iam��'� a �'. � ....:- •.r--,-.. :.'� ..—..-_..�..._ __..-.._....... _ _- _ -.. -_..............•.,.11 s8 f1.+••»..... - -- _ LIVING AREA. 210 9411 —Original Message— From:T S To:dvaughanOrconnect.com Sent:Saturday,July 16,2011 11:59 AM Subject Addition RECEIVED # 3 51 7 Jul 9 2011 CITY OF ORONO -, 1 '7/10/')011 1•00P1A http://service.mail.com/callgate-6.42.4.0/render/6.42.4.0/render/getDe... 6 0 ,71 "T S"<todd@pacificwest.com> Subject:Re:Addition From: Doug Vaughan To: T S Date: 07/17/11 11:56 AM Hey Todd worked late out in the barn last night.Todd this is the set I'll send you,I have well over 5 hours and at least 8 different plans I have done for you.If it was someone else I'd be at 500 dollars already.Sorry Todd but I had no idea you didn't really know what you want.I have to work today and the rest of the week.The only other thing the city should need is a wall section.In over 20 years I have never had to do a stair plan for a city.Have a good day.Doug Existing LO b Slab on Grade_ < i 3 � Addition Up— $ DN— LIVING AREA.. B4 sq 27 • —Original Message-- From:T S To:dvaughantErconnect.com Sent:Saturday,July 16,2011 11:59 AM Subject:Addition RECEIVED JUL 19 2011 .# 3 51 7 CITY OF ORONO 1 nf7 '7/10!"1n11 1.110 DAR http://servi ce.mai l.com/callgate-6.42.4.0/render/6.42.4.0/render/getDe... ©OiL.COm "T S"<todd@pacificwest.com> Subject:Re:Addition From: Doug Vaughan To: T S Date: 07/17/11 11:57 AM (j 0 7 1 E±�fr-�1v:re ast; r,=.0pyaress • t corm.back .. .-- w 207Z Feat.Pat arms kaaa oaavam EOM,: taramdaa katC'b _ • 24S .-ia, —Original Message-- From:T S To:dvaughan(Wrconnect.com Sent:Saturday,July 16,2011 11:59 AM Subject:Addition RECEIVED JUL 194,1, 3 5 / ZUil CITY OF ORONO 1 of 7/1Q/'7n1 1 1•fl PM http://service.mail.com/callgate-6.42.4.0/render/6.42.4.0/render/getDe... • ©Q1l,CQm "T S"<todd@pacificwest.com> Subject:add on From: T S To: todd@pacificwest.com Date: 07:45 PM i-% I t>� Lt333 32 our 333,33,3w NU sax as RECEIVED ( 111 1920, 3 5 CITY OF ORONO STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 12, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WI3,NESS my hand officially as such City Clerk and the Corporate seal of the City tuns ,43� day of September , 2011. f .: 1 City Clerk (°eal -1, • E • .;/ Y ld °'.T y /,29‘ 9 /thaitArsi T.til ill 11 111111111 II Doc No A9702336 / Certified filed and/or recorded on 10/10/11 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer f Deputy 53 Pkg ID 742170 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. • A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 11-3517