The URL can be used to link to this page

Home My WebLink About#4838 - variances ' � ' . ��—� . �� O� O O \ �b- - I�� C ITY of ORONO � '"'� ti ,, � �,~' i� RESOLUTION OF THE CITY COUNCIL �9kESH04'�/ NO. 4.��.� �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B), - SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16(L)(2), FILE NO. #02-2799 WHEREAS, Teresa A. Koch, (hereinafter "the applicant") is the owner of the property located at 2225 Bay�-ie�v Place within the City of Orono(hereinafter"the City")and legally described as follo�vs: Lot 25, Wallace's Addition to the Village of Minnetonka Beach,Heruiepin County, Minnesota (hereinafter "the property"); and `VHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6(B)to permit residential construction on a lot that is 50 feet�vide �vhere 100 feet is required,on a lot that the area is 7,515 s.f.(.173 acre)where 21,780 s.£(.5 acre)is required, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(C)(6) to allo�v hardcover in the 7�-250' setback zone of 314 s.f. (42%) where 224 s.f. (30%) is allowed to permit additional driveway. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of_Orono Zonin; and Planning Codes, the Orono Planning Commission held a public hearing on July 15, 2002, at which time all persons desiring to be heard concerning this application��ere given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was review•ed as Zoning File #02-2799. 2. The property is located in the LR-1C Zoning District,where .5 acres is the minimum required lot area. The property consists of approYimately .173 acres or 7,515 s.f. Page 1 of 6 /% 0�� O O ��e - � CITY of ORONO ti �� G�/ RESOLUTION OF THE CITY COUNCIL ��g�� N0. __ t� S � 3. The Orono Planning Commission reviewed this application on July 15, 2002 and recommended approval by a vote of 7 to 0. 4. The Plannin� Commission made the follo�ving Findings of fact: A. The property has been developed�vith a residential use since at least 1900. B. The site plan indicates the proposed setbacks 10' to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be located approximately 550' from the lakeshore,which meets the intent of the Comprehensive Plan for new structures. C. There is no additional land to combine with the property. D. The hardcover in the 75-250' zone will be 314 s.f. (42%) to allo�v for additional driveway. The additional driveway �vill allow for off street parking. The new residence will be located closer to the street than existing residence, minimizing driveway hardcover on the lot. E. The existing 10' x 12' shed on the rear of the property�vill be removed. . 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neijhboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property rijht of the applicant; and ��•ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application includin�the findings and recommendations of the Plannin� Commission, reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Paae 2 of 6 / -__� // O � � O O e - ' CITY of ORONO � � �i �t �G~'/ RESOLUTION OF THE CITY COUNCIL \\kESHO/ NO. 4 �� — CONCLUSIONS, ORDER, AND COl�'DITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit ne�v residential construction on a lot that is 50 feet wide where 100 feet is required,on a lot that the area is 7,515 s.f. (.173 acre) where 21,780 s.f. (.5 acre) is required, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to allow hardcover in the 75-250'setback zone of 314 s.f.(42%)where 224 s.f. (30%) is allowed to permit additional driveway. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not w7th the applicant,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (July 22, 2003). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code,shall automatically ternunate any authority granted hereiri, and shall be punishable as a misdemeanor. 4. The undersi�ned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of herself, her heirs, her successors and assigns, hereby agrees to the recordina of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 22nd day of July, 2002. Page 3 of 6 /i�'O � � � � ��b � � j CITY of ORONO ti �� G~' / RESOLUTION OF THE CITY COUNCIL �kESHOj NO. � S S � � ATTEST: � � , �� J / �-� - . � 'nda S. Vee, C�ty Clerk Barbara A. Peterson, Mayor . � Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowled�ed before me on this 22nd day of July, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �: RACHEL DODGE ,/ �� /� NOTARY PUBLIC-MINtiE.^OTA C' CCf.� �� G"� � � �ly Ccmmission Expires J�n.31,^CGs Notary Public u �`- ._:�.'_�.._...,�-..,��—�--?^:�—t.+�'_:�; STATE OF MINNESOTA COUNTY OF HEIVNEPIN � � g ��day of July, 2002 The foreQoinQ instrument was acknowled ed before me on this � 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. �. _ .,. �� , �r��tic�C 1�� RACHELDODGE �� r��,�.,- � r NOTARY PUBUC-MINNE^OTA Notary Public , �� : My Commission 6cpires Jan.31,2C05 , .�.., ...c.a..i«.c = .. . . 4 of 6 _—�\ / O /� � O O �e - _, � � CITY of ORONO ti ��t G~' / RESOLUTION OF THE CITY COUNCIL �kESHOj N0. � R 4 � -- STATE OF MINNESOTA COUNTY OF HENNEPIN On this J��day of (�''-f-Cb�'T,2002, �rc'S� KL�ch, 5��1 personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of 1�?1V whose identity I proved on the oath/affirmation of , a credible witness and��ho executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. �' °'"P'�, RACHeL DOCG� �-/`�'Ck.c . iC.-��' �JU � NOTARY PU6UC-M;?:1��'^TA � � ` � My Ccmmission Expires Jan.31,2:�^5 Notary Public ,l-,r�-.-�. ==�-�' STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 2002, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoinj instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Page 5 of 6 �-- � Exhibit A . CERTir �CATE OF SURVEY FOR . r � � s � C THERESA ° KOCH � . � � � ' OF. LOT 25, WALLACES ADD. �TO THE VILLAGE OF rATKA: BEACH � HENNEPIN COUNTY, MfN ESOT� � . (l6T.7) './'� . . �/" . . � • 7 "7 � • r,rb S'S �/�n �//~�—�:2`.. �o �% /` cC0• r p /� \ � � '� ` �� ' � A { a_�9 ,�i'-�'..�C � 1 _�. ��, .�F _ • . '\ h�\,��e'• /' . � `' ''s\ (96t.6) . � ' OQ �°� � � _ � .. . ��l ' �Q� . PgOPC=EG� �iP4:x:_„� '�` (��• �� o' �.�' O�:YEWAY �"SCv' S:i�.."/. „ � eb 'a` � � Fn��u �i�� ' �•. � �' 2.rJ ;� �l . i�i ':''�� o � ' \w �, . - � d� . • • � , � i � o . o �s j r c hJ. . � , �. ,_ \ .�" ;�' PROPOSED JI �' � p ; ?`h.� � . '�' ,o ; � -� '•,NOUSE ` UI � ^�°�* �. �, � s o � y� CT'utY-tiroQa ♦ ' � ��/� CECK LookOu*) ��<�� h(�� , � � , �ti° j � � . . � � 2 Fo � •Pti� `� � � ` `� 9 � . ' ' �Aw DaSTWC A''�� (D` �° � FCUSE '� •` �; " �' (TO 8E REMOYEO) �O : :; ! � ry,� ►� �` � t�su) 1 0,>' o� `. 1 �''� ;EX1S711rG ,�� .••.. ti i.�, � ,f �'�'� %SNED � �, 1 � � 27 � a� � � � (9a�.7). i � j, i � :�, o� � � i .� i i ''� '' � �• - . 1 � � 's O, �.��'r` I i fr. - - - _ —`i`�1 . � � S6� �4' ..�`...� ,!" . . -: 8� ~ ''�..,_. '.,�' { . ,--, ��_��} 3i � �4J�` ) ��. ' .�.�:�4si:..ICri,. Aev�i7Cr� • .• �� . �/ :i,i�: _ "� . � �� lS.O `j � �i ` . ��%' ':. . - %�5. 3 �� J ':. . . •. •973. 3• r � LEGAL DESCR,PTION OF PREUtSES : - � Lot 25, VrALLACE� 5 a00iTi0!v TO THE vILLAGE OF n�;�;�;r;��.� __:::� � �t,' i � ' ::� o : denotes iron mcrker set �'�` o : denotes iron mQrker found - � � • -� (908.3): denotes existing spot eievation, m2an seo le�et �ot�:.^� . -- Becrir.gs shown ore bcsed uaon en assumed datum. � • • d_n o te s d�s t cn c e e s s5 ow n on t he p ia t o f 4 YALl�C_' S ��=''t��v �-'�� --o�i:i= c*;..:., c..�.... � � . .. � � � �:;::1.«::;;:::'- his survey intends�}c show the bounderies of the aba•.� c�;�-�:_: �roperty, tne IocQtion of en exis:ing shed, the location o! all vi=ib;e "h:r�co�•=�", cnd the p�cposed 'i .- location of o proposeo ho�se thereon. It does not pu��or: ;� :�-:;, ,�,�y other .:' '�`, improvements or encrocchments. e-�'-:�: s':s::n�asc a s::r acv s sc.M �f!�� dRV�B��•t+ �� I Er��ea:h P<t Ui��e�a,��v::b?rt:T L.�. ::tY?:�d' SCACE _ �.: Ui rsn md L`et 1 a-i a d. r stua�i Gw E•:e� � �,,:� � i'•--�`• ��g;��.� lt.e te.s ot t�e St:!a ot 1Gr.:sot:. �1�. CAiE 4?1 T1�1,7kX AK'1E l0C 1,4�Yi�.....,c`' 4-12-01 . �J/> • / � /,• - .ica no. co AS2-4T.�-4I{1 „_�--��,�G _ n�_,na