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Home My WebLink AboutResolution 5494CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305(b) and SECTION 78-1279(1) FILE NO. 06-3217 WHEREAS, Craig Swanson and Larey Swanson, husband and wife, as owners and Tracy Constable, a single person, as prospective purchaser under Purchase Agreement dated June 6, 2006 (hereinafter the "Applicants"), of property located at 865 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as Lot 104, Auditor's Subdivision No. 184, 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(1) to allow construction of a second story over the garage portion of a house that is located entirely within the 75 foot lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-78-305(b) to allow construction of a second story over the garage portion of a house that is located 17.6 foot from the east side property line when a 30 foot side setback is required. NOW, THEREFORE BE IT RESOLVED by the City. Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3217. 2. The property is located in the LR-lA, Zoning District which requires a minimum lot area of two acres and a minimum lot width of 200 feet. 3. The property is .5 acre and 100 feet wide. 4. The Planning Commission reviewed this application at a public hearing is held on July 17, 2006 and recommended approval of the variances based on the following findings: Page 1 � I ��o� Il CITY of ORONO • RESOLUTION OF THE CITY COUNCIL NO. 5 4 9 4 . a. The original portion of the house was constructed in 1938. It is substantially built and has architectural merit. b. There is no way to expand the house without a variance. c. The foundation area of the house is 2,089 square feet. The property has 9.6 percent building lot coverage when 15 percent would be allowed. d. The addition will not require any additional hardcover and the total hardcover on the lot is being reduced as a condition of the variance. 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. 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(1) to allow construction of a second story over the garage portion of a house that is located entirely within the 75 foot lakeshore setback and a variance to Orono Municipal Zoning Code Section 78-78-305(b) to allow construction of this addition with a 17.6 foot setback from the east side property line when a 30 foot side setback is required, subject to the following conditions: 1. Council approval is based on the site plan and building elevations 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 elevations will require further Planning Commission and City Council review. Page 2 O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL Es NO. 5 4 9 4 2. Hardcover in the 0-75' zone shall be reduced from 3,484 s.f. to 3,390 s.f or from 44 % to 43%. Hardcover in the 75-250' zone shall be reduced from 5,058 to 3,930 s.f. or from 36 % to 28% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. 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. 4. Required removals of hardcover shall be completed before the addition is occupied. • 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 variance will expire on that date (August 14, 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 14th day of August, 2006. Page 3 0,�. • O � O `9kESII0 ATTEST: 4LindfS�Vee,'/City Clerk Larey Sw son UN Tracy Constable • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 549.4 The foregoing instrument was acknowledged before me on this 6t�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. Notary Public ✓!IJllr.../-�/l-r...�-/J�J-/Jll..�✓YJl.../.lJl STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this —day of L k , 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. (1 �•p. " � • lull Notary Public Page 4 1�� • • i~t� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 9 4 This instrument was acknowledged before me this 2LJ day of A , 2006 by Larey Swanson, wife of Craig Swanson. MING) -IR ll ll STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this & day of , , 2006 by Craig Swanson, husband of Larey Swanson. ...�✓.,.�IJII!!JIIlI!!��-/-I-SII./-i^✓!-+t';( ll u, ll (fill '1 • (l1 (1 F • 1. 1 l STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this Rlay of AU uSt , 2006 by Tracy Constable, a single person. `� 4��, • • 11 ♦�� / � / ,_ � / Page 5 0 0 549 4 ll+l '111IF 0 WINa 0 NYVcHow -3maxmog 1300NMI 3MH 30N3(3lG3'9 319ViGNOD En 0 §5059,30" E PIPE 1211 12' APPLE 93U)m STOW dmf WALL WALL ui ci f 0 CN c 94.80 .—LA ST WALL TME < !E.7 WALL ARLA ay < g CRAII- APPLE 14 SPRUCE AOu .0 0:�Z� -W m E!M MH 9 ;NWAL .. .0— 411 D I OR (0 LLJ 95 0 04 AREA --934-- N, \\ SETBACK 9)0-9- (stir STEPS 0 CRASS `SINE RET WALL FLOOR 9 J> EXI < Housc FLOW 0865 LIJ 0 C-4 g MORTARED PATIO 'dAL % T Lo STEPPIM; 0: ONES 0' A 13-gle. 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