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Home My WebLink AboutResolution 5469 Doc No 4275467 06/26/2006 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 232541 Deputy 58 New cert Cert Fees 695824 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305, 78-1288 FILE NO. 06-3179 C O� • O O CITY of ORONO Aq ti RESOLUTION OF THE IT6Y9OUNCIL `gkESYi04 NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305, 78-1288 FILE NO. 06-3179 WHEREAS, Thomas Radke and Margaret Radke, husband and wife (hereinafter the applicants") are the owners of the property located at 3424 Eastlake Street within the City of b� Orono (hereinafter the "City") and legally described as follows: Lot 3, Block 1, Bayside Beach, 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 78-305 to allow a covered porch entry to encroach 28.3 feet into the required 50' side street setback; 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 4,239 s.f. or 36.5% hardcover within the 75' — 250' setback zone where 25% is normally allowed and 31.7% was previously approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3179. 2. The property is located in the LR — IA, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at public hearings held on March 20 and April 17, 2006 and recommended approval of variances based on the following findings: Page 1 of 5 CITY of ORONO A4 ti ti RESOLUTION OF THE CITY COUNCIL SII0 NO. 5 4 6 9 a. The property is 18,180 s.f. or 0.42 acre in area and has 88' 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 street side setback. c. The property was created in 1980 as part of the Bayside Beach plat. At that time the City recognized that the creation of three substandard lots and one outlot was preferential to the continued operation of a marina. d. Per Resolution 1820 in 1985, the property received hardcover variances for the 0-75' zone for 5 square feet, and 75'-250' zone for 3,572 square feet for a home and supporting hardcover. The City Council finds that the proposed level of hardcover of 4,239 s.f. is necessary to allow the applicants 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 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 a variance to Orono Municipal Zoning Code Section 78-305 and 78-1288 to allow a 21.7' side street setback and hardcover within the 75' —250' zone consisting of 4,239 s.f. or 36.5% in order to construct a covered porch addition to the street side of the home and a pergola on the lakeside of the home, subject to the following conditions: Page 2 of 5 . o 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SSo�`�G NO. 5 4 6 9 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 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 4,239 s.f. or 36.5% 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. 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 by the footing inspection for the porch. 5. Applicants shall grant the City an easement over the portions of Outlot B in which the municipal sewer line and lift station exist. 6. 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(May 22, 2007). 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. 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 22"d day of May, 2006. Page 3 of 5 o 0 CITY of ORONO RESOLUTION OFT C T OUNCIL �L`�kEST�IOg�G NO. J 54 6 � idl '1etty clerk Barbara A. Peterson, Mayor t': A - _ operty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this -Q3 day of j` � `f , 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. rRACHEL DODGE NOTARY PUBLIC-MINNESOTA ;: My Commission Expires Jan.31,2010 Notary Public 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 =PUBLIC E ESOTA31,2010 Page 4 of 5 01V. . o 0 C ITY of ORONO A 1 11 Aq ti 1� �G~ RESOLUTION OFT?V<47 I 4 OUNCIL ` ZSH )* NO. _ 54 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of al,,l 2006 by Thomas Radke, husband of Margaret Radke. DENISE M. LESKINEN NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ((AlThis instrument was acknowledged before me this ` day of r( , 2006 by Margaret Radke, wife of Thomas Radke. DENISE M.LESKINEN - NOTARY PUBLIC MINNESOTA My Commission Expires Jan.31,2010 Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR THOMAS E. RADKE ► OF LOT 3, BLOCK 1, BAYSIDE BEACH L.O HENNEPIN CPUNTY, MINNESOTA I 14' AST 189.91 I rr.unu .. -..SET°I .o .o RKKTOP 929.4 ------------------ �d.il �_— --._--_---J4-----_--------� DRIVEWAY -------- CONTOUR-.. I WELL p -- Nc _�_ Drx I ........I.6- LINE ................... ..At.. . I ^ , � � se.a ( I 5.3 l I I PAVER EXISTING iI o1 PATIBLACKTOP �0 LAKE DRIVEWAY WLIJ L 0 2.7 HOUSE 3 #3424 ".°T KTOP MINNETONKA CONO Ln SURVEY - M `1 PAI ER SIDEWALK STUBBS BAY o LINE 75' , .IPS L° „ J sEraacK y, it It 0(]�� DRAINAGE AND .. I to Z I LINE 26.6 UTILITY EASEMNTS••••• - netla As.Vo+rre 1 6 . I n 0 0 23' WEST 196.17 0 MANIIOEE EAS-rLAKE STREET r , M _ a LEGAL DESCRIPTION OF PREMISES: �D NOTE:ACCURACY OF HARDCOVER LOCATION, Lot 3, Block 1, BAYSIDE BEACH AND EXTENT OF ADDITIONAL HARDCOVER z/17/06 REVISWtt PROPOSED AODIT04 ADDED IS LIMITED BY ICE AND SNOW COVER. I hereby certify that this survey was pnparad by me or unde, y SCALE o denotes iron marker GRON BERG AND direct supervision,and that 1 am a duly reylatared Clvll Entilne'or g p ASSOCIATES, INC. and Land Surveyor under the laws of the S\ale of Minnesota. Bearings shown are based upon an assumed datum. DATE 1-10-06 CONSULTING ENGINEERS, LAND This survey shows the boundaries of the above described property, the loca- SURVEYORS,&SITE PLANNERSJOB No. /�� .(�"�" '�T 4-�'1" tion of an existing house, and the location of all visible"hardcover"thereon. 445 NORTH WILLOW 47RIVE LONG LAKE,MN.55356 06-002 Mark S.6ronbarg Minnesota License Number 12956 It does not purport to show an other improvements or encroachments, rco RESOLUTION# 5469 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on May 22, 2006 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 1st day of June , 2006. ` ,t a Linda S. Vee, City Clerk 421 G 7 i • r