The URL can be used to link to this page

Home My WebLink About#5140 - variances � o � � o , o - ��:.:- C ITY of ORONO � � � ��'� �ti RESOLUTION OF THE CITY COUNCIL �L`9kESH.�4�G NO. � � �'� ':� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282, 78-350 SUBDIVISION B, AND SECTION 78-1288 SUBDIVISION B FILE NO. 04-2990 WHEREAS, Patrick Kaveney & Loring Kaveney, husband and wife (hereinafter "the applicants") are the owners of the property located at 1444 Baldtu Park Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 4, Block 1, Baldur Parlc, Hemlepin County, Minnesota - {hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variailce to Orono Municipal Zoning Code Section 78-282 aild 78-1288 to allow hardcover within the 75'-250' setback zone of 44.98% or 2,330 s.f. where 25% is normally allowed; a.nd WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 Subdivision B to allow a lot width of 47' where 100' is nonnally required and a lot area of 8,600 s.f. where 21,780 s.f. is required. NOW, THER.EFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #04-2990. 2. The property is located in the LR-1C Single Family Zoning District, which requires a minimum lot area of 21,780 s.f. (1/2 acre) and a minimum lot width of 100'. 3. The Plaruling Commission reviewed this application at a public hearing held on March 15, 2004 and recomrriended approval of variances based on the following findings: Page 1 of 5 ' o � � o � o ��z.= ; CITY of OIZON4 � -� � �� ::��-., G� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. _ �'� �1 tr�, r a. No additional land is available for acquisition by the applicantss to make the property confoi-ming in area or width. b. The property is served with municipal sewer. A single family residence has existed on the property for many years. , c. A new single family residence can be constnicted on the property ineeting all setbacks and requiring only a hardcover variance. d. Because the property is less than 10,000 s.f. in area it is allowed a 1,500 s.f. stnictural foot�rint absent other factors. Constiuction of a 1,500 s.f. home accounts for 29% of hardcover within the 75'-250' setback zone. e. The applicants have proposed ininimal driveway, walk, and deck in order to limit the magnitude of the hardcover excesses. £ The size of the proposed residence and inagnitude of hardcover variance is consistent with other approved development in the neighborhood. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, coininents by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the coirununity. 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 inerely 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. Page2of5 ' O,�. � Q �, O ��:.- , CIT� of ORONo � � �'� 8�,' � G'�' RESOLUTION OF THE CITY COUNCIL ��kESI3�4� NO. e'� � �� '� CONCLUSIOl�iS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Mtmicipal Zoning Code Section 78-282 and 78-1288 and 78- 350 Subdivision B to allow construction of a new single family residence and hardcover within the 75'-250' zone of 2,330 s.f, or 44.98% where 2�% is normally allowed suUject to the following coilditions: 1. Council approval is based on the site plan submitted by the applicants and aruiotated by City staff, attached to this Resolution as ExhiUit A. Any amendments to the site plan which are IlOt in confonnity with City codes will require further Planning Coinmission and City Council review. 2. Hardcover in the 0-7�' zone shall not increase above the 0%. Hardcover in the 75-250' zone shall be limited to 2,330 s.f. or 44.98% per the proposed plan and hardcover allowance surrunary as depicted on Exhibit A. Applicants are advised that any fiiture requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not lilcely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their penneability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed before the footing inspection. 5. The lowest floor of the 1louse shall be established no lower than the Regulatory Flood Protection Elevation of 932.5' MSL. 6. Prior to building permit issuance, the applicants shall supply sufficient site elevations and grading and drainage infonnation to satisfy the City Engineer that there will be no encroachment or filling of the floodplain and that all drainage shall be handled so far as to not cause drainage problems for this residence or the neighborhood. 7. Authorities granted by this resolution nin with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building Page 3 of 5 � � o� o �, o ��.:-, ,� C ITY of ORONO ,� ,� �� ,� �� .� ,�ti RESOLUTION OF THE CITY COUNCIL �t�kESII�g'�G NO. � � �� ;�1 perniit for the new construction within one year of the date of Council approval, or the variance will expire on tliat date (March 22, 2005). 8. Violation of or non-compliance with any of the tenns and coiiditions of this resolution shall constitl.rte a violation of the zoning code, shall automatically ternlinate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understood and hereby agree to the tenns of this resolution and on Uehalf 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 22°d day of March, 2004. A.TTEST: /�_ �J ,�'" � / ,' � -=---- � ��- , ,�� , ,� ,��.,.z,�.��t; ../,� � .-�-�'.- I �;- , �� i: � Linda S. Vee, City Clerlc Barbara A. Peterson, Mayor ,,'�` � � _ ; ---.�.W-->-.,.� i , ;- ,., .�.. %� ,P:--: , ,� � , - � � ,,, Y , P'roperty Owner(s) s STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrtunent was acicnowled�ed before me on this��day of o ��°C�: '��=�� , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota inunicipal corporation and said instrument was executed on behalf of the City. �. - ._ . . . , . . .. ,.- � „ � . Lti_�_.. � �t:,�r:C � .��._, t' �y�`" Notary Public � ' Page 4 of 5 . � O ` V O \ O ��:- CITY of OR�NO � � �',� �'��/, � G'�' RESOLUTION OF THE CITY COUNCIL ��kESIi�4� N0. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN Tlle foregoing instrument was acknowledged before me on this ,;:-�-��day of �'}� );�,; �: i�- , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal coiporation and said instnunent was executed on behalf of the City. _ __ __ _,:,c;.r�: RACHEL DOC�� j� ; � � NOTARY PUBLIC-Mlhh�:OTA ; �!�C :�. �.` �•. _ � I �< r.' l _ ..� % My Commission Expires Jan.31,tce� Notary Public ' .-r _ �._._. _ . 5tate of Mimlesota ) ) ss. County of Hemzepin ) This instnunent was acknowledged before me this 2��day of�pY/ / , 2004 by _PO�r��,� k��1/, husband of Loring Kaveney. �amr� F; BARBARA G. SILUS . ��-. - +,� J NOTARY PULLIC-P�'p ' �"T,", r.� My Commission Explre� ' I,�.;J� �� ->-- Notary Public State of Minnesota ) ) ss. County of�n ) D/1-i�o TJ� This instrurnent was aclaZowledged before ine this 7 day of �n, �-- , 2004 by �r� k��.,, , wife of Patrick Kaveiley. £ ,_�,: ;::2 � .. . ... Notary P lic L �� ..�i�.�4i �ir+..`:.� :'a �` � �,I�i�l�.�1'F''�.�'l4 I�, i'i�'`�l�. "J�,A � r�� `��' I�`.^,�� tflT��....`'�1 k.�, :f:.i,�,� , '�i�j� � .,...,.,. ... .. . . ., ._ , .. . Page 5 of 5 � � � � � � LAK� MIZ ZETONKA � � �� . NORTH ARM ,f,-- � 929.4 CONTOUR L1NE•,,, � ' �'� � ,� 93 + Q�}��-�.;`� '1 CERTfFfCATE OF SURVEY FOR �"�' ,N 69°3�;ag � '� EXHIBIT A �.„�,�� . PATRICK KAVENEY ,,: ...-,..��" � OF LOT 4, BLOCK 1, BALDUR PARK ;��''+ �, ,, �`,SURVEY HENNEPIN COUNTY, MINNESOTA �' �� !NE � ' � � ,/ .� / (911» 'u� /ROM076P � (97i�) (osi.�). ricr feNcE ! r�� . HOU TrNGo�,o� � /� �:q3�g � `, �� . SE �' ' ros�.�� , �_ ,� 5'S'- . p, N � , =I /SET � . (91i.t) � ' i q J 932.p) �.� � � I •..� � .� � 97 T.7) ��=°: ._'==,;_� . � . ex�snrvc PROPOSED ELEVATIONS : HOUSE »'d � � 1) Garoge = 932.9 , . . � `� . '�... �I/ „ ,� s� 2) Top of foundotion = 932.;9 �O c • 3) Basement = No B'r�r. 4 � , � fc�e v� e��oe . � I PROPOSED �9�,�.�� ' . � v � � • _ r7. � o� � � � �°-Ta., . ' o � �� HOUSE'�� ' : $f� v� '� �1444 0 � `� ....tg'r� 33o h � /: . „ � r� � � �� + � (�at.� ;� /.� • .� o�,l • id � ta ' � t /� PROPOSED (93�d} �� . , . ' � DRIVEWAY / / fo>>.e) ..•° � . � �, �� , � , ' (t3fA) ��9 �s � . � 1� �, ! ....N �o 04 �� , � ----o?�>C1d;�w--- - " �a��„ � ...9,4UUW0UY�' s ,b.:. U�.. ROAOWAY �OQ......•i �� A� c93�� LEGAL DESCRIPTION OF PREMISES : Lot 4, Block 1, BALDUR PARK - �O � o : denotes iron marker , � (908.3): denotes existing spot elevation, mean sea level datum �i, ; denotes proposed spat elevation, mean sea level dotum __917--; den,otes existing contaur line, eon sea ievel datum • Bearings shown ore b'osed upon an assuned dat�m. This survey 'rntends to sliow the boundaries of the obove described property, � and the proposed location of a proposed house thereon. It does not purport to show anv other improvements or encroachments. i hereby certi(y Ilial ws svvep x�prepa�ed bp me ar uda my drect a�e- SCAI,E GRONBERG � ASSOCI�TES,INC. Y�S��a d�ly rcgislued Gvl Erqineer md lond Swveyor undv �"��o' �� the bws af the Stote of Minnesata DATE 1-27-04 445 H YfLI.OW CF3vE Lf�lG UJ�,Itl 55356 2-i6-a 3-J-o d/��`� .ioe No. �� 992�73-�141 µ� S. Gronber Mimesota Liccue Number 12755 04-022 04-022