HomeMy WebLinkAboutResolution 5314 , •
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�',� G'�' RESOLUTION OF THE CITY COUNCIL
�`�kEs�I�4� No. � a'� � �
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE PER
SECTION 78-1288
FILE NO. 04-3010
WHEREAS, Theodore L. Capra and Nancy J. Capra, husband and wife
(hereinafter "the applicants") are the owners of the property located at 3534 Ivy Place
within the City of Orono (hereinafter the "City") and legally described as follows:
Lots 177 and 178, TAYLOR'S SUBDIVISON OF SPRING PARK LOTS,
and situated in the County of Hennepin, State of Minnesota ,
• (hereinafter "the property"); and
WHEREAS, the applicants have made application to the City of Orono
for hardcover variances to Orono Municipal Zoning Code Section 78-1288 to allow
32.5% hardcover within the 75'-250' zone when 25% is normally allowed and 49.5%
currently exists and a hardcover variance for the 0-75' zone to permit 4.4% hardcover
when 0% is normally allowed and 4.4% currently exists.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono,Minnesota:
FINDINGS .
1. This application was reviewed as Zoning File 04-3010.
2. The property is located in the LR— 1C, One Family Lakeshore Residential
District, which requires a minimum lot area of 0.50 acres and a minimum
lot width of 100'. The applicants' lot is 0.50 acres in area and 104' in
width at the shoreline and 101 feet in width at the 75' setback.
3. The Planning Commission reviewed this application at public hearings
held on June 21, 2004, August 16, 2004 and March 21, 2005 where
• ultimately a recommendation was made to approve a 75'-250' zone
hardcover variance at 30% and to deny the 0-75' zone hardcover variance •
for an addition/remodel project based on the following findings:
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RESOLUTION OF THE CITY COUNCIL
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a. While the area proposed as an addition is larger than the existing house
footprint, the majority of the addition will consist of an attached
garage.
b. The detached garage located at the road will be removed to offset the
new structure and hardcover associated with the proposed attached
garage.
c. The applicants have agreed to remove all excess hardcover, including
a non-confonning shed, within the 0-75' lake setback zone.
d. A significant decrease in hardcover in the 75'-250' zone from 49.5%
to 30% is feasible, but reduction to the 25% limit would require
. relocating the house unusually close to the road and/or downsizing the �
house significantly below the 15% lot coverage limit.
e. A 250'-500' zone does not exist on the property which would
normally allow for a detached garage and less hardcover within the
75'-250' zone.
f. The size footprint proposed is not out of character with the
neighborhood, and does not exceed the structural coverage limit for
the 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
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RESOLUTION OF THE CITY COUNCIL
�L�kESH.�4�G NO. 5 � 1 � .
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 hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow
30% hardcover within the 75'-250' zone where 25% is normally allowed and 49.5%
currently exists, 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.
• 2. Hardcover in the 75'-250' zone shall be limited to 4,248 s.f. or 30% 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. The applica�lts have the option to rebuild rather than remodel in accordance with
the plan submitted for review of this variance.
4. 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.
5. Required removals of structure and hardcover shall be completed prior to the first
required inspection for either a rebuild or an addition/remodel project.
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 (Apri125, 2006).
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RESOLUTION OF THE CITY COUNCIL
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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 agrees to the recording of this resolution in the
� chain of title of the property.
Adopted by the Orono City Council on the 25U'day of April, 2005.
ATTEST:
• � .a- v .
in a S. Vee, City Clerk Barbara A. Peterson, Mayor
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Property Owner(s ,
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RESOLUTION OF THE CITY COUNCIL
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��`�kESI3�4�G NO. � � �. � .
STATE OF MINNESOTA �
COUNTY OF HENNEPIN
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� The foregoing instrument was acknowledged before me on this °�day of
�, ri I , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
murucipal corporation and said instrument was executed on behalf of the City.
�.��,�--�.�C'. �c�a�_��._._
RACHEL DODGE Notary Public
- �'� NOTARY PUBLIC-MINNESOTA
r��;,,;:�� My Commission Expires Jan.31,2010
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this �� day of
+'� � , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
murucipal corporation and said instruinent was executed on behalf of the City.
`,;�/� , , } ,�t)
/� Gk��. c�--��- ��u c�' T____�
RACHELDODGE �
' NOTARY PUBLIC-MINNESOTA Notary Public
�•:,+.�� My Commission Expires Jan.31,2010
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RESOLUTION OF THE CITY COUNCIL
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$'ESH.O NO.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�7 day of �'V n.e. ,
2005 by Theodore L. Capra, husband of Nancy J. Capra.
DENISE M.LESKINEP�r~4t
; NOTARY PUBLIC-MINNESOTx ��
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.- ,-- Notary Public
STATE OF MINNESOTA
• COUNTY OF HENNEPIN
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This instrument was acknowledged before me this ZZday of N�uzvv�h�/;2005 �,
by Nancy J. Capra,wife of Theodore L. Capra.
''�u-r��, �.�C�,t,�l_.���.Ai�.. �c.JG�"\""\/_-
RACHEL DODGE �j
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�,,,: My Commission Expires Jan.31,2010 �
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