HomeMy WebLinkAboutResolution 5512 . q�`,
r � /� ' .
� p �2,L
� �' l
� � >.
O �
- S C ITY of ORONO
� �
�, ti
ti
RESOLUTION OF THE CITY COUNCIL
��`�kEsKo�`'�G No. 5 5 1 2 .
A RESOLUTION GRANTING VA.RIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1288, 78-1403, 78-1278 and 78-330
FILE NO. 06-3206
WHEREAS, Kenneth Gerald Anderson and Lori Jean Anderson, husband
and wife (hereinafter "the applicants") are the owners of the property located at 4225
Forest Lake Drive within the City of Orono (hereinafter the "City") and legally described
as Lot 3 Block 3 Forest Arms Country Club Addition , 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 78-1288 to allow 26.6 percent
• hardcover in the 0 to 75 foot zone where 39.9 percent currently exists and no hardcover is
normally allowed; to allow 39 percent hardcover in the 75 to 250 foot zone where 43 percent
currently exists and 25 percent is normally allowed;
WHEREAS the applicants have made application to the City of Orono for
a variance to Orono Municipal Zoning Code Section 78-1403 to allow structural lot
coverage of 27.1 percent where 28 percent now exists and 15 percent is normally allowed;
WHEREAS the applicants have made application to the City of Orono for
a variance to Orono Municipal Zoning Code Section 78-1278 to allow a structure 25 feet
from Forest Lake when a 75 foot setback is required; and
WHEREAS the applicants have made application to the City of Orono for
a variance to Orono Municipal Zoning Code Section 78-330 to allow the garage a 5.7 foot
setback from the side property line when a ten foot setback is required. . �
NOW, THEREFORE BE IT RESOLVEI) by the City Council of
Orono,Minnesota:
FINDINGS .
1. This application was reviewed as Zoning File 06-3206.
•
Page 1 of 5
, � .
� � O�
i o 0
�� � CITY of ORONO
3
� " �
,n �
��� �G'�' RESOLUTION _OF T�5C1T� COUNC�L
`9kESI3.�g' NO. �
2. The property is located in the LR-1B, Zoning District which requires a
minimum lot area of one acre and a minimum lot width of 140 feet.
3. The property is .35 acre and 110 feet wide.
4. The Planning Commission reviewed this application at a public hearing
held on July 17, 2006 and recommended approval of the variances based
on the following findings:
a. Most of the existing roof is flat. It is difficult to maintain and not in
character with other houses in the neighborliood.
b. The design of the second story minimizes its mass.
• c. The Applicants have agreed to remove part of the deck that encroaches
into the lake setback. There will be a net reduction in structural lot
coverage. The additional structure will be farther from the lake than
removed structure. It will also facilitate the design of the second story.
d. The impact of the side setback variance would be minimal. The
adjacent property is common area for the neighborhood, used for
docks. The house sits at an angle to this property line so only 27
square feet of the garage will be within the setback.
5. 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.
6. 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 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.
Page 2 of 5
� � °� .
� � �. °
� CITY of ORONO
� . �
�, � ti
ti
RESOLUTION OF THE CITY COUNCIL
��`�kEsKO�"�G No. 5 5 1 2
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings,the Orono City Council hereby grants variances to
Orono Municipal Zoning Code Sections 78-1288, 78-1403, 78-1278 and 78-330S to
allow consiruction of a second story and a garage expansion, 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 may require further Planning Commission and City
Council review.
2. Hardcover in the 0-75' zone shall be reduced to 1,934 s.f. or 23.5%. Hardcover in
the 75-250' zone shall be reduced to 2,896 s.f. or 39.5% per the proposed plan
• and hardcover allowance summary as depicted on Exhibit B. Applicants are
advised that any future requests to increase hardcover or change the nature of
existing/approved hardcover shall require City approval, and increases in
hardcover will not likely be approved without concurrent reduction in existing
hardcover.
3. The deck on the lake side of the house shall be reduced to 18 feet by 38 feet
(including the portion under the roo fl,
4. Applicants shall remove any plastic or fabric liner material from the decorative
landscape beds on the property to ensure their permeability as non-hardcover
surfaces. - �
5. Required removals of structure and hardcover shall be completed before the
addition is occupied.
6. Authorities gratited 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 construction before September 25, 2007, or the variance will expire
on that date.
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.
Page 3 of 5
�,. : .
. 7' O�
� O �( O
. � � CITY of ORONO
� -: ;. �
ti
ti
RESOLUTION OF THE CITY COUNCiL
��`�kEsKOg'�G No. 5 � 1 2 �
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 agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the 25`h day of September, 2006.
ATTEST:
. � ��,�... ..
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
• .
Kenneth Gerald Anderson Lori Jean Anderson
STATE OF MINNESOTA _
COUNTY OF HENNEPIN �
The foregoing instrument was acknowledged before me on this�S�day of
(�(�, 2006 Uy Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
f �
. �otary P}� '
STATE OF MINNESOTA JACQUELYN PA.YOUNG
COUNTY OF HENNEPIN A�atr�ry PuhUc-Minnesota
' �Y�++�rc�f.R�n Expirea Jan 31,2010
The _foregoing instrument was acknowledged before me on this _ day of
�G�o , 2006 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.
• RACHEL DODGE ���----�`-�� �U�-�
', NOTARY PUBLIC-MINNESOTA Notary Public
{`�.�,,;: My Commission Expires Jan.31,2010
Page 4 of 5
; � �
� O�
� O >i O
� CITY of ORONO
� --- - �
, ti
ti
RESOLUTION OF THE CITY COUNCIL
��`�kESI��g'�G NO. �J �J T 2 �
STATE OF MINNESOTA
• COUNTY OF HENNEPIN ,- '
This instrument was acknowledged before me this_day of , 2006
by Lori Jean Anderson, wife of Kenneth Gerald Anderson.
Notary Public
STATE OF MINNESOTA
• COUNTY OF HENNEPIN
This instrument was acknowledged before me this_day of , 2005
by Kenneth Gerald Anderson,husband of Lori Jean Anderson
Notary Public
•
Page 5 of 5
, . , . . . . �xh�b���
� ��(��j]'� ��`° . 5 5 1 2
• �1 7 SS ..
��t �°�co ��� • - .
� Q� ��
�
�� • �� / . .
`�, ��jo��� � �• —` � / .
"�� � �(� � .
�� � � / � � �
(1� /�,�/`�"' I� �P�/' ' OSD�� ��j 1.� ' . • . ' f
. �6`� `5 ►`, �' � • � C ? � � � s� � , �
.�
.` J" i� ` , �� � /
\ �a . y � ' � /
c o
°,��r `t= / � N a O o�..$ �
1 � �� o ' �"� � �-a,3� '
L x ,�1 •
i � \ `'� 'J -ryea. '!a °w �. 1k� �
�� /
~� 3�O �
. /� b�.� •.O� � � '4.� +� — �01 /
, a f a . 9 . - � .;a.' \'s°
� ujG �<• _ - 5 Q. s .
;4 °�o. d � OtI.._ ��g '�5 0 � � '� �nj�` /
\ , � �; � +�y � , r_ �r�j�
!f a ' � 4>' .• /
• 0 6� - o � '� N��� .,`'� � � � /
� �,, ,-., . ���o�� � ' � �_
� � � � -�� �
s. �
� � -�'� o � '° _ --`s' . s u� a1
� g-� _ ti•'� s�''°�
�o, . ,, c� 93 �; 3a - e•- - % ' �
. � ��'�-`� r, a � • �O � �
� • ' � � � � ��' � ' �
� r��
°°-�� ..�' � �3��� �� ¢ s �° ;, `�' � a
��'•°��'�� o � �` m Q �_ ?�� / �� . � �
� �- • � �� � �
°��,��J .� ,� �.� - a� �� �16..� . ' /Q �;
v � � .��' � = °� . �� . !� / ' ° �'PL
�� . � � j . . J � �► ��
// .0 �
Oy • yc � �/ ` Q •
�y �' � . p���~ o ' �� �� � ' � �T
\
' � �.�, �j O � �
0 4
I v �
(`j � �r Q .
"J •�, � � o .' .
� �
� o
��
� � • •
� a�i
�
/
�
. � � , �Exhcb��- 13
, . . � � � z
. SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000� 5 5 7 Z
, EXISTING HARDCOVER IN ZONE _
A. House x �_'rJ�JT S.F.
Length Width .
x = S.F.
X = S.F.
x = � S.F.
B. Garage x � _ � S.F.
C. Driveway x � = S.F.
x = S.F.
D. Sidewalk x = �{f3`� S.F.
x = S.F. �
E.-�t�efDeck x = (07 Z, S.F.
x = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
. G. Other �-�inincLlhla��S x = �50 S.F.
�
TOTAL HARDCOVER IN ZONE - Z� S.F. A
. TOTAL PROPERTY AREA IN ZONE - ZZ f� S.F. B
A �Z�� = B 8 2 Z$ x 100 = 3°l�� %
• HARDCOVER IN ZONE
A. House x = 155r1 S.F.
� Lengfh Width
x = S.F.
X = � S.F. .
x = S.F.
B. Garage x = S.F.
C. Driveway x � = S.F.
X = S.F.
D. Sidewalk x = � S.F.
. X = S.F.
E. Patio/Deck x = _��_S.F.
x = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
G. Other E,�I uJ�x�s x = �UO S.F.
TOTAL HARDCOVER IN ZONE - q3 S.F. A
• TOTAL PROPERTY AREA IN ZONE - Z � S.F. B
a 1 a3�} = s 8ZZ8 x �oo = . 23• 5 °io
. , : ,
. , . � �xh�b�t-i3
� �2 °�� Z
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
5 � 1 2
� EXISTING HARDCOVER IN ZONE = I(oOG S.F.
A. House X
Length Width
x = S.F.
x = S,F.
X = S.F.
B. Garage x = S.F.
C. Driveway� S�cjl��aIIC _ x � _ ,,..�`- �_�{ S.F.
x = S.F.
D. Sidewalk x = S.F.
X = S.F.
E. Patio/Deck x = S.F.
X = S.F.
F. Landscape x = S.F.
Underlain x � = S.F.
By Plastic x = S.F.
G. Other ��S-��h�v�a c�al�,� x = c(�-{ _S.F.
TOTAL HARDCOVER IN ZONE - LS``� S.F. A
TOTAL PROPERTY AREA IN ZONE - 733`7 S.F. B
A 3(�i a = B 73 3'7 x 100 = `�'3 %
• HARDCOVER IN ZONE
A. House x = �(�7Z. S.F.
Length Width
X = S.F.
X = • S.F.
X = . S.F.
B. Garage x = S.F.
C, Driveway � ��jowal�C x = 1 la� S.F.
X = S.F.
D. Sidewalk x = S.F.
• x = S.F.
E. Patio/Deck � x = S.F.
X = S.F.
F. Landscape x , = S.F.
Underlain x = S.F.
By Plastic x = � S.F.
G. Other � h�h u � x = ��o S.F.
TOTAL HARDCOVER IN ZONE - Z�q(o S.F. A
� TOTAL PROPERTY AREA IN ZONE - �3 3"7 S.F. B
A 2g�� - B �733`] x �oo = 39. 5 °�o