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Home My WebLink AboutResolution 6382 le- � Y V Y g`��gd 14.37 Doc No T05175188 Certified, filed and/or recorded on Jun 4, 2014 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1116719M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1378317 This cover sheet is now a permanent part of the recorded document. 1378 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL NO. 638 2 �kESH0 A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 (6) FILE NO. 14-3657 WHEREAS, Lucas Detor and Elizabeth Detor, a married couple (hereinafter the Applicants ) are the owners of the property located at 1065 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as: Tract A, RLS No. 1372, Hennepin County, (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new redesigned roof over the existing home, a new deck and screen porch ahead of the average iakeshore setback line; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, .Minnesota, City Code, a public hearing was held by the Orono Planning Commission on March 17, 2014 at which times 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 number 14-3657. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acre and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on March 17, 2014 and voted 6 for and 0 against on a motion to approve the average lakeshore setback variance. The Planning Commission finds that the following factors support the granting of the requested variance: a. The Property contains 40,000 square feet in area (0.91 acre) and has a defined width of 170-feet at the lake and 158-feet at the 75-foot setback. b. The home on the Property was constructed in 1996. Page 1 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6382 �kESHOg� c. The Applicants have proposed to construct a new higher pitched and differently shaped roof over the existing home which encroaches almost entirely into the average lakeshore setback. d. The Applicants have proposed to remove an existing deck on the lake side of the home and construct a new deck and screen porch which will encroach entirely into the average lakeshore setback. e. The screen porch will meet the required 30-foot side yard setback. A fireplace is proposed on the east side of the screen porch; the chimney is permitted to encroach up to two feet into the 30 foot side setback. The two foot "encroachment" is considered a nonencroachment to the side setback pursuant to Zoning Code Section 78-1405. f. With a total of 20% proposed hardcover, the Property will conform to the hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met. g. The Applicants' proposed new roof, deck and screen porch will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. h. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties. i. The Applicants' request is in harmony with the purpose and intent of the ordinance. j. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives 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. 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 Page 2 of 4 O O CITY of ORONO ,., RESOLUTION OF THE CITY COUNCIL A �� NO. 638 2 �kESHOg� 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 a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new redesigned roof over the existing home, a new deck and screen porch ahead of the average lakeshore setback line on the Property; 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 approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. The Owner shall conform to the recommendations of the City Engineer. 4. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the building permit. 5. 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 and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (April 14, 2015). 6. 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. 7. 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. Page 3 of 4 O O CITY of ORONO A, RESOLUTION OF THE CITY COUNCIL NO. 6 3 8 2 silo Adopted by the Orono City Council on the 14th day of April, 2014. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this a day of daAa 2014, by Lucas Detor, husband of Elizabeth Detor. MONICA A.FADNESS4 W4 A,/I r'o f -4,41) NOTARY PUBLIC-MINNESOTA Not ry Public .;, W Commission Expires Jan.31,2017 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this cAolday of �� 2014, by, Elizabeth Detor, wife of Lucas Detor. MONICA A.FADNESS 14 r ,T NOTARY PUBLIC-MINNESOTA .' 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I --- iI n }�� IL � 1lN dN,Y L _ ___- J � IN3lx zaa: PDM KTrZRN arrm VU— CV,SE CEIVED e+aT-1se rP ° 3 MANY LEVEL PLAN V FM 19 2013 1 171 CITY OF ORONO ,1 N co ' N:rtruL rLJft!- � "m`.ww a Yorr�wu'u u 1lATRa to ce P)rgfa iuaeae raven.nMrrmz • ;�l�•�Yl[tlr UIeM r-v yr � �iia iraw�l _..• w.wxs wnn :. lYal'rl� y - 4 Hai C.l Ir Y/N [r[W P I < fcelRM _ I • I 1 � 1LLLCJoa.V eYi[rir 9flA �� T - `� I // Mw Y•.sP Mw x.of v+.v aa. i 4 Y �7f 1 ! I 1 1 I 's Yawm IYere I Itl : iI -s� w/wnl/P1YR / IM®ice .M 16Y x.I I �I'i'• 1 L_____________________J LJ LJ LJ LJ Ift � i 11U z i rD ,' rfl / R rY \ RECEIVED IPPE1 LEVEL PLM I °ear Fyr-re FEB 19 2013 / vh `"``` '`"' ► CITY OF ORONO co 6w T4 T Yd rla RECEIVED r PLAN FEB 19 2013 CITY OF ORONO li C*-i Xr4(4 ltd* CC) FEB 1 2 1 CITY OF R 'Ile FEB 1 2 RM Pr Rs® T _7 CIN OF r • DUD Vt Vt Vt Ulm-I FRONT tLLVATION v� .. ........ .6 Vt r. Full To KN POW! I lW '11' FLEVATMA it CV 00 VICA" N FEB 19 2013 � gp,pwr CITY OF ORONO _ T� p Ik TI � n 177I no r---1 o Em LIJ I -- �. REAR ELEVATIal ❑ � � I L�1—J �'� 6 v�.ro �I i'i ZF �. 4rMCY Cw rT1 w/ �-WT4r ELEVAI"IA•I �J II CV Co r,T -.) �O i ° rrau+.r.em�r.v rwlw.s o��r iw r ne I eKn mIs va P�IId..1I NI4aTIW iK M m tr+b-°IN1 Ppt rt °1 KN P[fW Vf TIILLT ° / PJT rNIR • tulz= w r arla �t ° 4 � �.N.x.. _..._ p �i r�vl�weLh IM1_ K?... � CN K L:N I'm"MRL \ I yq CNlp1' g � � L°PR!4IAA p61M 11 Ax Maa KN IPEI KM ® RLLw II Z f a CIRPA faIPMPN � CUIPINC� SE;, PN& SECTIONTI0N MRL MIN_ i v!-I- I� DANCE Sti � i RECEIVED FEB 19 2013 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 April 14, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this_22day of-Az , 2014. t City Clerk v y.}s