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Home My WebLink AboutResolution 5323 . 4140552 r, E . 04;?v 0.4i.4 e?,/, == ,, , /�� CITY of ORONO 01C; Y741 � "� \\‘ 41 ti o-01 4 RESOLUTION OF THE CITY COUNCIL 41-kesti01" NO. 5 d V'1 N A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 (B) and 78-1288 (B) is 4.a.� ,.�.,�, I��_ -,.! c'.,,,' FILE NO. 05-3105 � ti i . WHEREAS, Peter V. Martinson, a single person and Paul V. Martinson and Ida M. Martinson, husband and wife (hereinafter "the applicants") are the owners of the property located at 4460 Forest Lake Landing within the City of Orono (hereinafter the "City") and legally described as follows: Lot 10, Tonkaview Gardens, 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 78-330 (B) to allow construction of a new single family residence on a lot 0.28 acre in area and 53.5' in width where 1.0 acre in area and 140' in width are required; 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 30% hardcover where 25% is normally allowed in conjunction with the construction of a new single family residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3105. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 43,560 s.f. or 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of variances based on the following findings: Page 1 of 5 o0 = P- )4 C ITY of ORONO '4.4 ' 'M .° RESOLUTION OF THE CITY COUNCIL ikESI;O4 NO. -; a. No additional land is available for acquisition by the applicants to make the property conforming in area. b. The property is served with municipal sewer. A single family residence has existed on the property for many years. c. The size of the proposed residence and property is consistent with other approved development in the neighborhood. d. The applicants' property is 12,360 s.f. or 0.28 acre in area and has 53.5' of width at the 75' setback. e. The applicants are proposing a new single family residence which will meet all of the LR-1B setback requirements, and the 15% structural coverage limitation. 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 78-330 (B) and 78-1288 (B) - to allow construction of a new single family residence on a substandard lot and hardcover Page 2 of 5 - o 0 =A _ CITY of ORONO ti '4>3 110 �� G'� RESOLUTION OF THE CITY COUNCIL `AkesKo4`' NO. 5 7 2 S of 30% within the 75'-250' zone where 25% is normally allowed, 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 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 2,495 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. 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 new residence. 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 (May 9, 2006). 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 9th day of May, 2005. Page 3 of 5 . , . . . . . o,4,. 00 =A ›., A \\ }, . CITY of ORONO "S44 'l i'AV-i, (j~ RESOLUTION OF THE CITY COUNCIL r_., q ikESK0.1" NO. v,: .. ,,. -)•11, r+ A,1aN ,i,Y L, � �iy Clerk Barbara A. Peterson, Mayor v (J?) z 7 ,, Pro erty Own r(s) M fi -- STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of May, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '1 Not. 'xi61i / I lit JACQU LYN M. YOUNG - ;._) Notary Public-Minnesota STATE OF MINNESOTA ;'.> MyCommission Expires Jan 31,2010 COUNTY OF HENNEPIN t / The foregoing instrument was acknowledged before me on this 1f day of -' 1 , 2005 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. •-•-k-70(._k_ L._(.— 7 )^, ' c/f , lAttg, RACHEL DODGE ti '.�'' 4 c j�"• NOTARY PUBLIC-MINNESOTA k Notary Public ,,:+' My Commission Expires Jan.31,2010 k........- -.-_II, ....--,...,...,-..—_,,,,,,c, Page 4 of 5 (Vio' 0 4 � CITY of ORONO A 1`1I`\'�i1,�d' ; ti �� 'v'► 'I':'I G, RESOLUTION OF THE CITY COUNCIL `9k'ESH.0' NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this / !day of /i A/ , 2005 by Peter V. Martinson, a single person. lit LINDA S.VEE $ ',-----4` /a NOTARY PUBLIC-MINNESOTA ''''"--K t- - '1 L--- My --My Commission Expires Jan.31,2010 �' otary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thisd7-i" y of M.1 , 2005 by Paul V. Martinson, husband of Ida M. Martinson. BARBARA G.SILUS 0 `� NOTARY PUBLIC-MINNESOTA 46,24, My Cowes'sion Expires Jan.31,2008 -, - Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 27 day of /1 , 2005 by Ida M. Martinson, wife of Paul V. Martinson. , :. , BARBARA G.SILOS GiA J'''6A-, 4, ';JTARY PUBLIC-MINNESOTA \-„,4L.,;r iry Commission Expires Jan.31,200a Notary Public Page 5 of 5 of �.� °F sv DoT � .� R�Ey F NENN o T -4 4y oR Ep/N °Nkq .l NT Y GgRO OAT\ \\ hods,Nc MI LANES°2-4 SNS \ \\ #¢¢ 0 peck \ \ \ \ h \ \ \ \ \ \ I \ `` 7 , ?�CrLI I r / \ I \ , gkISrp, ' )r / & 11 I / / �. \\ BLACKTOP DRIVEWAY AR'4GeFo / �� I / / 4111.111 I / I I / ( (sas.1) ,.. . . 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