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Home My WebLink AboutResolution 5425• C: • �� 0 001" 0 CITY of ORONO RESOLUTION OF TIY�IJ 5COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 (A) & (B) AND 78-1403 FILE NO. 06-3174 WHEREAS, Kevin R. Tritz and Suellyn Tritz, husband and wife (hereinafter "the applicants") are the owners of the property located at 1056 Loma Linda Avenue within the City of Orono (hereinafter the "City") and legally described as follows: See attached Exhibit A for legal description (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for hardcover and structural coverage variances to Orono Municipal Zoning Code Sections 78-1288 (A) & (B) and 78-1403 to allow construction of an addition above the existing attached garage, such addition resulting in additional bulk and massing of structure on the property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3174. 2. The property is located in the LR -1B Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. The applicants' property is 0.29 acres in area and 90' in width at the shoreline and 73' in width at the 75' setback line. 3. The Planning Commission reviewed this application at a public hearing held on January 17, 2006 and recommended approval of the variances based on the following findings: Page 1 of 5 O� CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SI;04�G NO. .54 25 a. The proposed addition was revised during the review process to extend only 14' westward from the existing wall of the house, resulting in elimination of the need for a street setback variance and reducing the impact of the additional bulk and massing of structure on the site. The lot coverage percentage will remain at 18.6%. b. The applicants have agreed to remove at least 350 s.f. of existing hardcover in conjunction with construction of the proposed addition, in order to bring the property. back into conformance with hardcover levels approved for the property by a prior variance approval in 1998.' The result is a net reduction from existing 0-75' hardcover from 9.5% to 9.3%, and a reduction in 75'-250' hardcover from 56.1% to 54.1%. Additionally, although not reflected in these percentages, driveway hardcover within the street right-of-way will be removed to result in less impervious surface in the neighborhood. 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 variances 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 variances 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby • grants hardcover and structural coverage variances to Orono Municipal Zoning Code Sections 78-1288 (A) (B) and 78-1403 to allow construction of an addition above the existing attached garage, such addition resulting in additional bulk and massing of structure on the property, subject to the following conditions: Page 2 of 5 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5425 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to said plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be reduced to and remain no greater than the level of 597 s.f. or 9.3%; and hardcover in the 75'-250' zone shall be reduced to and remain no greater than 3,315 s.f. or 54.1% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Additionally, applicants shall remove 240 s.f. of hardcover in the right-of-way as depicted in 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. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 4. Required removals of structure and hardcover shall be completed prior to the first inspection for the proposed addition. 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 for the new construction within one year of the date of Council approval, or the variances will expire on that date (February 13, 2007). 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 agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 • • �4yO� "0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. . 5425 Adopted by the Orono City Council on the 13"' day of February, 2006. ATTEST: Li a S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this X-1 day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Niblic The foregoing instrument was acknowledged before me on this)3 day of 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. I L/I Notary Public Page 4of5 4A 6 l�1 •• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .54 2 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this'3 day of ice, 2006 by Kevin R. Tritz, husband of Suellyn Tritz. DENISE M. LESKINEN- NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _Zday of �, 2006 by Suellyn Tritz, wife of Kevin R. Tritz. DENISE M. LESKINEN E NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Notary Public Page 5 of 5 0 ij EXHIBIT A RESOLUTION NO. 5425 LEGAL DESCRIPTION The following described property in Hennepin County, Minnesota: 7hat part of Lot 4, Loma Linda and the property described as follows: That' ort of Lot 36 including -the 'accretions thereto, Aoma Linda which lies easterly *and southerly of the following described line: Beginning at a point on the South line of said Lot 36 distant 200 feet easterly of the southwest corner .of said Lot 36: thence northerly, at a right angle to said south line, a distance of 106 feet; thence northeasterly, de-flecting- to the right 58 degrees 00' minutes to the south fine of the north 40 feet of -said Lot 36; thence easterly, along the last mentioneasouth fine, a distance of 157 feet; (hence. northeasterly, deflecting to the left 70 degrees 00 minutes to the shore of Lake Minnetonka and there. terminating: Which lies southeosterly of a line described as follows: Commencing at. the southwest corner of said Lot 36; thence easterly along the South line of sold Lot 36 a distance of 304.48 feet to an angle point in said South line and the point of beginning of the line to be described; thence deflecting , left 29 degrees -26 minutes 50.70 feet to the south line of said Lot 36;. thence deflecting right 13 degrees 37 minutes 30 seconds 139 feet, more or less, to the shore of Lake Minnetonka and there terminating, said Lot 36 being established by judgement entered in Hennepin County District Court Case Number 449127 and. recorded. in Book 550 of Miscellaneous Records, page 410. 'I SHEET 1 OF z t% `Tti Rack Rcl. Wall Adjacent Hnusa �V Sone step!, 01,T /Sault lint of of J6. LOW LINUA - \ r ._ ___-..• ---- - -- - �rwC _.. � \ 603 �O 'T�• 1y.7 ,,, a P. CGone W of �F : i 1 oktioP .�o�o I'll, ZIR 4- T r Rock Ret. Wall �£ Ln 4B.6 1 x ;n (:U/IC L'X' STINGN lUU�SF,` \ (to be removed) 105 \ 9S Rock Rot. Wall 76.6 169.20 \ N 89058,201' 1, Adjacent House EXISTING HARDCOVER 0-75 EXHIBIT B CERTIFICATE OF SURVEY RESOLUTION NO. 5425 FOR: KEVIN TRITZ feet House 744 Sq.Ft- - N= SITE ADDRESS, 1056 T OMA LINDA AVENUE, ORONO, MN. II � Rock Wolle 176 Sq.fr. Cor;. Apron^olk a Stops { kip Rap Snore 51 Sq.Ff. e (:ancrete _ _ 9 Sq. Ft. - Total Hordrover — -- .3436 Sq.FI. <<:- �q- `n 3 S 7��1'3'3 \ L• 'k t% `Tti Rack Rcl. Wall Adjacent Hnusa �V Sone step!, 01,T /Sault lint of of J6. LOW LINUA - \ r ._ ___-..• ---- - -- - �rwC _.. � \ 603 �O 'T�• 1y.7 ,,, a P. CGone W of �F : i 1 oktioP .�o�o I'll, ZIR 4- T r Rock Ret. Wall �£ Ln 4B.6 1 x ;n (:U/IC L'X' STINGN lUU�SF,` \ (to be removed) 105 \ 9S Rock Rot. Wall 76.6 169.20 \ N 89058,201' 1, Adjacent House ;50-•500 fuel Total S(furnlro 2289 Sq.Ft N/A Totul 1•ot Arco 12,519 Sq.F foto/ Structure coverage 16.3 3 o Denotes iron monument X 000.0 Denotes existing elev. —+ Denotes surface drainage 2140 Sq,gf. 729 Sq.rFf 395 Sq.Ff. _;7 S41.F(, —.. I .- .3315 677,4 SgIFt. 54.1 Hevise:d: 1 •-30-08 c.\CP\DRAW\1291i7.ow( File No: - I heieby certify that this survey, plan or report was prepared by me or under 1298/ : DEMARS—GABRIEL my direct supervision and that I um a duly Registered Lond Survoygr under the I(SEC 9748!C) LAND SURVEYORS, INC. Lawes of the State at Minnesota. Book -Pogo 3030 Harbor lane. No. — �`��L _ - --• - __ 35.9 -6J -- Plymouth, MN 5`)447 David C, CrooK ScotF Phone.,(763) h59-0908 04%tobor 19, 2005 Minn. keg. No. 22414 z e] 9T9b6i7EESG+ F 13I�19U9-SdUW3G �0�8ti 90/E0/80 EXISTING HARDCOVER 0-75 fact 75 250 Housc 749 Sq.ft. o-7.5 feet 0(:,:k 75-2b0 feet House 744 Sq.Ft- Ha1se/Garuge ?740Eq.Fl. Dcrk .36 5q.11• B1Ucktop Drive 850 =q F(. Rock Wolle 176 Sq.fr. Cor;. Apron^olk 395 Sq.Ft. Stops 236 Sq,F'(. Rock Wall 51 Sq.Ff. e (:ancrete _ _ 9 Sq. Ft. - Total Hordrover — -- .3436 Sq.FI. Total flordcover 606 Sq.Ft. 1. of Areu fj124 Sq.Ft. Lot Arco 6,395 Sq. Ft. y of Hardcover = 56.1 9 9 of Horrlcover = 9.5 X ;50-•500 fuel Total S(furnlro 2289 Sq.Ft N/A Totul 1•ot Arco 12,519 Sq.F foto/ Structure coverage 16.3 3 o Denotes iron monument X 000.0 Denotes existing elev. —+ Denotes surface drainage 2140 Sq,gf. 729 Sq.rFf 395 Sq.Ff. _;7 S41.F(, —.. I .- .3315 677,4 SgIFt. 54.1 Hevise:d: 1 •-30-08 c.\CP\DRAW\1291i7.ow( File No: - I heieby certify that this survey, plan or report was prepared by me or under 1298/ : DEMARS—GABRIEL my direct supervision and that I um a duly Registered Lond Survoygr under the I(SEC 9748!C) LAND SURVEYORS, INC. Lawes of the State at Minnesota. Book -Pogo 3030 Harbor lane. No. — �`��L _ - --• - __ 35.9 -6J -- Plymouth, MN 5`)447 David C, CrooK ScotF Phone.,(763) h59-0908 04%tobor 19, 2005 Minn. keg. No. 22414 z e] 9T9b6i7EESG+ F 13I�19U9-SdUW3G �0�8ti 90/E0/80 PROPOSED HARDCOVER 0-75 fact 75 250 Housc 749 Sq.ft. tiouse/coroge 0(:,:k 36 Sq.Ff. Blacktop Drive Rock Walls 176 Sq.Ft. Con. Apron/Wolk Step$ 236 Sq.Ft- Rack Wall Total Hardcover _ 1idlat Hardcover 597 Sq. Ft. tot Arco Lo( Aruo 63.9.5 Sq./•/- z or Homcover 7 of Hardcovor = 9.3 9 ;50-•500 fuel Total S(furnlro 2289 Sq.Ft N/A Totul 1•ot Arco 12,519 Sq.F foto/ Structure coverage 16.3 3 o Denotes iron monument X 000.0 Denotes existing elev. —+ Denotes surface drainage 2140 Sq,gf. 729 Sq.rFf 395 Sq.Ff. _;7 S41.F(, —.. I .- .3315 677,4 SgIFt. 54.1 Hevise:d: 1 •-30-08 c.\CP\DRAW\1291i7.ow( File No: - I heieby certify that this survey, plan or report was prepared by me or under 1298/ : DEMARS—GABRIEL my direct supervision and that I um a duly Registered Lond Survoygr under the I(SEC 9748!C) LAND SURVEYORS, INC. Lawes of the State at Minnesota. Book -Pogo 3030 Harbor lane. No. — �`��L _ - --• - __ 35.9 -6J -- Plymouth, MN 5`)447 David C, CrooK ScotF Phone.,(763) h59-0908 04%tobor 19, 2005 Minn. keg. No. 22414 z e] 9T9b6i7EESG+ F 13I�19U9-SdUW3G �0�8ti 90/E0/80 1! Rv 21