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HomeMy WebLinkAboutResolution 5441• • �1\ 0 0 01� *0 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.6-441 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350(B), SECTION 78-1288 FILE NO. 06-3172 WHEREAS, Timothy R. Brady and Lynn A. Brady, husband and wife (hereinafter "the applicants") are the owners of the property located at 3555 Frederick Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 12, Block 2, Navarre, 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 78-350 (b) to allow the construction of an attached garage and a half story over the existing home 5.5' from the side lot line where 10' is required and 5.5' currently exists; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (b) to allow 2,816 s.f. or 35% hardcover within the 75'-250' setback zone where 25% is normally allowed and 2,485 s.f. or 30.9% currently exists, in conjunction with the addition of an attached garage and half story addition. NOW, THEREFORE BE IT RESOLVED by the City Council of. Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #06-3172. 2. The property is located in the LR -1C One Family Lakeshore Residential Zoning District which requires a minimum of 0.5 acre in area and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on February 21, 2006 and March 20, 2006 and recommended Page 1 of 6 r 1 u CITY of ORONO RESOLUTION OF THV,,TQ COUNCIL NO. approval of 75'-250' zone hardcover and side setback variances based on the following findings: a. The property is 11,955 s.f. or 0.27 acre in area and has 50' in width at the OHWL and at the 75' setback. b. No additional land is available for acquisition by the applicants to make the property conforming with respect to the western side setback. c. The property currently has a garage and driveway accessing off of the undeveloped Carman Street right-of-way. It is in the interest of the City to have the existing driveway abandoned and the right-of-way restored. In order to do so the garage must be relocated off of Frederick Street and an increase in hardcover is the necessary result. d. The applicants have redesigned from a full story addition to a half story addition to offset the impact of light and open space reduction caused by the substandard setback of the existing home and new %2 story addition. e. "Shed dormers" have been proposed for the west side of the home on the %i story to further minimize the mass of the building. f. Due to the location of the home any additions or alterations to the west side of the house require variances. g. The applicants are proposing to remove portions of nonconforming hardcover and structure and an illegally constructed boulder retaining wall within 75'of the OHWL in conjunction with setback and hardcover variance approvals. h. The applicants have proposed to remove the existing gravel driveway from Carman Street and will re -grade and re -vegetate the area with grass. • 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5441 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 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 variances to Orono Municipal Zoning Code Sections 78-350(b), and 78-1288(b) to allow construction of an attached garage addition and a half story addition 5.5' from the west side lot line, subject to the following conditions: 1. Council approval is based on the site plan and house plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the site plan or home 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 not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 2,816 s.f. or 35% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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. Required removal of the retaining wall within the 0-75' zone shall be completed • in conjunction with the removal of the retaining walls and re -grading and restoration of the Carman Street right-of-way to grass and prior to the first inspection for the home additions. Page 3 of 6 • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5441 4. 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 variance will expire on that date (March 27, 2007). 5. 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. 6. 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 271h day of March, 2006. ATTEST: Z4:z �- /U inda S. Vee, City Clerk Barbara A. Peterson, Mayor �` e\-�L Property Owner(s) Page 4 of 6 • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 4 1 The foregoing instrument was acknowledged before me on this Qi day of Ma,Lc,�—, 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. Not Public �CFZISTI S. ANDERSON ° NdNr, 31,2 � IyOTARYPUBEx resJan•31, V1y Commission Expires STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �� 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. Notary Public E SOTA mmil 31, 2010 Page 5 of 6 • • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5441 This instrument was acknowledged before me this 5' day of r i 1 , 2006 by Timothy Russell Brady, husband of Lynn Ann Brady. llJl�y!!lllllllll!!l!!l!!!! STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public rcf This instrument was acknowledged before me this 3 day of flO ( , 2006 by Lynn Ann Brady, wife of Timothy Russell Brady. A ,!1!!!!./!1.x!!!!!-�..r-� ��� l� Notary Public • • • CommissionMy • . 1 1 Page 6 of 6 CERTIFICATE OF SURVEY ASSURVEYED DESCRIPTION: t,J LOT, 12, BLOCK I[2, NAVARRE, HENNIIACENTQPUIN COUNTY, MN NTY TA & MINOR GRADING PLAN INFORMATION:`NO nn.FO RESEAILn RCH CONDUCT D. E DEFT HERE NOTED. CLIEN? MUST VERIFY DL•ED UE�IP f10N PATH lAX UESC I TI RECALCULATIONS OF ALL AREAS I I I I i� I 1 rOTAI CALC. LOT AREA 11,9581 S.F. I I I C7 I ! I SMHOT Ito 33.at / .OTOBEYOND 75' OWH SB: 8,051�P S.F. I 1 FREDEF(�ICK STR ET I / \ MRIS:I 11 PnVINc N ! N89'33'40"W 50LO MIUMINcUS dAVING• REMOVE STOOP (NEST) : 361 S.F.I �\ •..��0-"-. •• �� �� REMOVE STEPS. CONC WALK. WALL & 1SBt 5{ / / ���-• ,S•�� N REM CONC DRIVE :45BI- / /,. REMOVE GRAVEL BASE NW: 4T7t SF. APP 11/ IAL UTILITY ON OA ENT OVER AOJOINETI �I PROPER SERVIRRO SUBJECT- ; I I II I I FINAL IMPERVIOUS %)RFACE .ALCULAIIQNS& BITUMINOUS I I EXIST HOUSE AREA: 1,373± S.F, n� % T-1 I PROPOSED GARAGE AREA: 201 S.F. PROPOSED DRIVE AREA: 44;9± S.F. I I PROPOSED RET WALL AREA149± S.F. PROPOSED ELF/. DECK AREA: 5361 S.F. I )� I re. . FINAL IMPERVIOUS AREA: 817± S.F.�iIT. I .,e t•� . FINAL COVERAGE 35IOR 6EAREMOVEU'' Tai 2 I• Q NOTE, Q LuAC(�TQ�NO*El I alI�ONC STOOT'TO E REMOVE,O PROPOSED I I A71ONSNOFFAA PRSHOYN IOR BY CLIENTAND ARE INI I IC TO BE ACCURATE_NOT CONSULLTT AARRL%aTEC1URAL PIJJ7•/Wt ANY AND ALL PROPOSE]) DESIGN FEAENSIONS ETC REMOVE ALL EXISTING WALLS & 07HER OLTIDYTS / I - LOc.17ED ON PUBLIC smEEr RtPLAcIepppOOORRRTm a METH c DECORATIVE ROCK WALL LESS THAN 4 WITHIN E LOT UNE I r4�r MINOR GRADING PLAN 6 BASED PARTL11 ON HORIZONTAL &/Oft VERTGLL DESIGN B71 OTHERS CONTRACTOR MUST %VtFY SUMABLITY DF OFSON / 6�CONDSITE ITIONS. CITY IF TOaEWRfCEHTS. lcarun IRON MONUMENT FOUND O IRON PIPE SET MARKED Mil REG NO 18890 ,K NAIL & OR SPINE W/BR S 0" SET 1 -STORY ,x %• XIS] SPOT ELLVATIONDD 900 FT) BRICK / CAL DATUM NGVD1929II � (PE BY ADVANCE SURVEYNG. 2004) 2. PP•OPOSED GRACE ! R B I EXIST. DRAINAGE 8' +AcE FLOW I ' \\WDE ELEVATED PROPOSED DRAINAGE FL W I WD DECK --950'-EXIST CONTOUR .L' 0 T 'Al 3\•--s50--� - 959 -PROPOSED CON TQUf/� PROTECT OR REMOVE BIF(CH 7Rr FOR RE-CRAOING »-�✓ \DV)_ TREE LOCATIONS WHERE SHOWN ARE APPROXIMATE POSITIONS OILY. 2 FTt BEARING SYSTEM AS�t SCALE INS EET 0 20 40 /---'- 6fL MUM GAS METER CONC DRIVE. WALK Y& STEPS TO BE REMOVED C x 1 -STORY �y WD -FRAME FF -953.2± GAR -944.9± TOB -952.6± Is7stsF 3555 PROPOSED ,. LOOKOUT\ N.. I...I .,— •, f _a929.4 AND PRESUMED L OF OWNERSF DlEt SUTiFA:.T WPROVETJENTS SHOW / _."-•9jri �•��-»------�ti�KA• ERE L REAsaRABLY / .1IP`<P'30 GZR CfVEN SNOW/'j, �'//'E�GTIHG Yli•:l?. Urt LJ\�� �MLN UAY a�• T 949.5¢t UTI VOLE I / I I 7AL•/UT61 / I .on It I . • N� I / / ' I Ell �'^•art' ,r_t'x, 3 IF REGUIRED BY CITY, REINFORCE OR REMOW lK y ALONG EUR ORBAN & /� �� •• /71 R OV14 : WALL SET -BACK AND GRADING,• TS 08: REGICULATED ALL E7GSDNG AREAS: pp�M(NATED PORTIONS OF PROPOSED DEC BLOCK YG115. REVISED DECK,_DRIVE & GARAGE` Lynn & Tim Brady 3555 Frederick Sreet Orono, Mn 55391 952-471-0977 1532 AT DPREPARED REPORT HAS BEEN PREPARED UNDER MY DIRECTS EEN9 PAND I IS PROFESSIONAL SURVEYOR UNDER THE It OF MINNESOTA. SPF.r7AT.7.� i:S IMS 2MY(MYG •LAND DESOWTIONS O j' 10 d • ALTA/ACE11 SURVEYS • TDPOGNHr 1 v I a•u:Pa IGGrr•TT m-mn :CK DATE: cvnx RM ;7aA xss-onR ru (I�) asana MINNESOTA REGISTRATION NO. 18591 I•'/ I4nro (Te11 2=-771I PA Bo% iR� ,R Ic, RUNT) SILX IWc1' LM S637V 5441 1 HEREBY CERTIFY © 2006 SURVEY SPECIALISTS BY ME Ot BY THC .M'HIS SURVEY 15 FOR THE 'SOLE BENEFIT Or TIIE REPRODUCTION PROHIBITED AM A Dl1LY UDEN: LAWS ` THE 1$TA A710NS ANO/OR PARTIES NAKED THEREON. lVI11•'r %CSSTH RVASE LESS OTHERWISE STATED. SURVEY BASED UPON -NORMAL I '0 CRDINA.RY STANDARD OF CARE REQUIRED BY LAW. a�• T 949.5¢t UTI VOLE I / I I 7AL•/UT61 / I .on It I . • N� I / / ' I Ell �'^•art' ,r_t'x, 3 IF REGUIRED BY CITY, REINFORCE OR REMOW lK y ALONG EUR ORBAN & /� �� •• /71 R OV14 : WALL SET -BACK AND GRADING,• TS 08: REGICULATED ALL E7GSDNG AREAS: pp�M(NATED PORTIONS OF PROPOSED DEC BLOCK YG115. REVISED DECK,_DRIVE & GARAGE` Lynn & Tim Brady 3555 Frederick Sreet Orono, Mn 55391 952-471-0977 1532 AT DPREPARED REPORT HAS BEEN PREPARED UNDER MY DIRECTS EEN9 PAND I IS PROFESSIONAL SURVEYOR UNDER THE It OF MINNESOTA. SPF.r7AT.7.� i:S IMS 2MY(MYG •LAND DESOWTIONS O j' 10 d • ALTA/ACE11 SURVEYS • TDPOGNHr 1 v I a•u:Pa IGGrr•TT m-mn :CK DATE: cvnx RM ;7aA xss-onR ru (I�) asana MINNESOTA REGISTRATION NO. 18591 I•'/ I4nro (Te11 2=-771I PA Bo% iR� ,R Ic, RUNT) SILX IWc1' LM S637V 5441 • # N I aerry tingaon�neo g I '51: ct nan Tim & Lynn BradyM-- e Dreftin be Desi n Gonatrvcllon Inc. C, -".m x»�n o.�b, n. esve 3555 Frederick Ave. Dev' �= •»nv� LOT X BLOCK X L" lo. Orono, MN. CITY MN ��' 5441 u • • +rt�, "D'e's Tim & L nn Brad I —17— 1-=r " ;y Drafting k Design Ganetrvctl15 Inc, y y uar.nc�a.rr.braaslu o.ln.e.m•sue 3555 Frederick Ave. Dev. 3' " �,,,, +•�+�v� LOT X BLOCK X _ uc �o.nx.�es. Orono, MN. CITY MN �- X 54 4 1 i • 0 0 a Jerry Johnson Drafting & Design Lammarmon«•- Ccnstrvction Inc. Tim & Lynn Brady CA ucy wicleVrr.re rx $6313 j oe4.o.rHssve 3555 Frederick Ave. N "tltl'°"o"" rwvnro.xon uaro.tioo.es. Orono, MN. LOT LOT X BLOCK X CITY, t.IN �=+^--^�-•'^� 5441 9 0 0 \ � � _W. m» >< - E -x b4 , ; .I Tim mLynn Brady Dm&n.e , . 3555Frederick Ave. x �°10. Orono, crBLOCK . •§ ) § k� ' , ,||�!■ � � -a}� 23 , 4 §� �< 2' 5%/ \ \ a |� \ 22 S� § qF. �. _ • M f § 10 1 RICOP T2h-- ~M HT 2 ! ; j--- , ! I Is MIS | � ~ | 7t %2 _ >< - E -x b4 54 Q ] , ,lJ,_m�enw�� rafting .I Tim mLynn Brady Dm&n.e 3555Frederick Ave. x �°10. Orono, crBLOCK . 54 Q ] r, • • • br, P 5 5441 e S Jerr Johnson Lommormon Tim &Lynn Brady s Drafting & Design ccnDtructlon Inc. 3555 Frederick a uDi,.nc�mrrderxevu Ave. LOT X BLOCK X S 1tldi g ucID. 000es. Orono, MN. CITY, MN ^�"