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Home My WebLink AboutResolution 54760 0 w ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��kESS0 NO. 5476 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279 SUBDIVISION 6 FILE NO. 06-3198 WHEREAS, Gregory S. Haugen & Cynthia M. Haugen, husband and wife (hereinafter "the applicants") are the owners of the property located at 3320 Fox Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 5, Block 1, Fullerton Estates, 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 78-1279 Subdivision 6 to allow construction of an in -ground pool ahead of the average lakeshore setback. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 06-3198. 2. The property is located in the LR-lA, One Family Lakeshore Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on May 15, 2006 and recommended approval of the average lakeshore setback variance based on the following findings: a. The property has 3.17 acres or 138,224 s.f. in area and 220' at the lake and 207' at the 75' setback. b. The proposal will not have a negative impact on light, air or open space within the neighborhood. Page 1 of 5 i r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5476 c. The proposed pool and its location are not out of character for the immediate neighborhood. Both adjacent neighbors have pools located between the lake and home. d. A hardcover variance is not requested. e. The pool will meet all other zoning district standards. Although the adjacent neighbor to the west has objected to the location of the pool near the property boundary, the pool will not reduce existing lake views enjoyed by that neighbor, and hence the intent and objectives of the average lakeshore setback ordinance are still met if the variance is granted. f. The applicants have proposed a landscape plan to mitigate the impacts of the pool on the adjacent wetland and on the lake. The proposal is attached as Exhibit B. 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 78-1279 Subdivision 6 to allow a pool to be constructed lakeward of the average lakeshore setback, 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 which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5476 2. Hardcover in the 0-75' zone shall not increase above the level of 0 s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 25%, hardcover in the 250' — 500' zone shall be limited to 30% per the proposed plan 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 above the allowed percentages 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. 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 (June 12, 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 12'h day of June, 2006. ATTEST: Z21�_,/, Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ,rte._ i✓� Property Owner(s) Page 3 of 5 • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 ? 6 The foregoing instrument was acknowledged before me on this L3' day of , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal orporation and said instrument was executed on behalf of the City. ✓. r. IlJ✓, /Il, /flJllllll. /lJl!l✓ll...�(1! BOB (11 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 corp ration and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC - MINNESOTA Notary Public My Commission Expires Jan. 31, 2010 Page 4 of 5 �`9kEsH0 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5476 This instrument was acknowledged before me this 2`1 day of 2006 by Gregory S. Haugen, husband of Cynthia M. Haugen. KIMBERLY MCINTYRE COMM. 031001317 Notary Public State of Minnesota Notary Public Cwa fission Eikes 1131/2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Zq day of 5�t"W, 2006 by Cynthia M. Haugen, wife of Gregory S. Haugen. amwossionE IMBERLY MCINTYREOMM. 531001317Notary PublicState of Minnesota 1/3112010 • ,/W , Notary Public Page 5 of 5 \ 4j • CULVERT INVl, � � I 7) m 953.9�5Rb—9(3-wt 0--0- W I i 0 DRAINAGE AND UTILITY EASEMENTS r2„ • /1 • 956 I a PROPOSED / \PATIO , IS .RAGE \ .DING (956.5) BACK — -- — vlo N 2 1�#07_ CCAgenda 06/12/06 1 e 3198 [Total pages 40] 9 957 5 013 -cow R,20 30' \\ I 5000 SETBACKS \ RETS PROPOSED WAL DRIVEWAY, Y / 956.0 / TnnP dd I 01 c� �. R 4 17.5 r 5.12 Iz.09 A v' 10.0 �PROPOSEb HOUS r 1 #3$20 r 10.0 TOP OF FOUNggTION = 956.5 1.5 0, pF�, ' MAIN LEVEL (- 957.0 ,p 38.76 3,96 3-96= — �/I 13.08 WALK GRAD = 947.5 .1 PROPOSE? / PS / / RETAINING - WALL I L UT ILS Z O POO pRVYUL]Cu / \ PROPOSED-' 6�. SETBACK \ (944.8)