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Home My WebLink AboutResolution 5327 . , ,, Doc No 8633148 08/12/2005 01:12 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 131476 Deputy 55 Fees $15.00 DOC $4.50 SUR $1.00 COPY $20.50 Total � . { . � O� O O � � C ITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ `9kE3II0g' NO. � °� � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1403 AND SECTION 78-1288 SUBDIVISION B FILE NO. OS-3106 WHEREAS, Bradley J. McDonnell and Cynthia S. McDonnell, husband and wife (hereinafter "the applicants") are the owners of the property located at 1420 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 10,Block 1, Baldur Park, Hennepin County, Minnesota(hereinafter the "property"); and WHEREAS,the applicants initially made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow a structural coverage variance to construct a 168 s.f. covered entry porch; the applicants subsequently revised their request based on Planning Commission recommendation to allow no more than 1,797 s.f. structure when 1,500 s.f. is normally allowed and where 1,717 s.f. of structure currently exist in order to construct an 80 s.f. covered porch entry; and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow an 80 s.f. covered entry porch to be constructed within the 75'-250' zone to replace an existing 76 s.f. grade-level deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#OS-3106. 2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning District which requires a minimum lot area of %2 acre and a minimum lot width of 100'. Page 1 of 5 . , , , ' 7� O� , O O � �: � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsII�g'�G NO. 5 � `� °Y 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of the structural coverage and hardcover variances based on the following findings: a. The applicants' property has 9,580 s.f. or 0.22 acre in area and 50' of width at the shore and 50' of width at the 75' setback. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. There is no available land for acquisition by the applicants to make the structural coverage level conforming. d. The applicants are proposing to add a covered entry porch within the allowed setbacks; no additional living space is proposed. e. Due to the hardcover levels and square footage of structure on the applicants' property any structural additions to the house and/or detached garage or hardcover changes require variances. f. The applicants' are proposing to remove portions of driveway hardcover in conjunction with structural coverage and hardcover variance approvals. g. The lack of a covered entry porch is to some extent a hardship due to the detached garage and the configuration of the house having no overhangs above the main entry. 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 Page 2 of 5 , , , , � � O� . O O � .: � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kE8I��g'�G NO. 'rJ � 2 '7 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 78-1403 to allow structural coverage 1,797 s.f. structure when 1,500 s.f. is normally allowed and where 1,717 s.f. of structure currently exist in order to construct an 80 s.f. covered porch entry, and a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A and B to hardcover within the 0-75' zone up to 210 s.f. or 5.5% where 0% is normally allowed and 5.6% or 212 s.f. currently exists and hardcover within the 75'-250' zone up to 2,668 s.f. or 45.9 %where 25% is normally allowed and 2,914 s.f. or 50.2% 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 0-75' zone shall not increase above the level of 5.5% or 210 s.f. Hardcover in the 75-250' zone shall be limited to 2,668 s.f. or 45.9% 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 hardcover shall be completed by the framing inspection. 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 23, 2006). Page 3 of 5 . . � °� _ o ,, o -�a._:- CITY of ORON4 � � �� /` ' �'�'� RESOLUTION OF T ITY COUNCIL � f"' � `gkESB�� N0. � � 2 �' 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 inisdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terins 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 23`d day of May, 2005. � �t ��. �� :.,, a�:�;. � ` h qtr��a./v��' y' �" t� *�'?� hk ! /3 i ��4 'nT � �} �FS, 'r � � :'� . ✓`' ,i,, < �- � s -;4�t'¢. S". ui�k - , F +*r .; } 3,f, p rt f:t� J. �F �. ♦k,.i°.W�V .{/tte�i , �Y � .�� t :f N ��kt� ' � .�` �t: !_} :�;:: �� . �1r Q ,�, -�d� -7q �.,F Pf,'. � � r > � '''�,'�d'" ��;� l�s�'"{z � {�f �� , �v r'�.�s,� r��-r ..- � �--.. �� 4}f;�;,�'P ,;, ��n� �'u��C�ity Clerlc BarUara A. Peterson, Mayor te�'� � '.�t�n� f r 53�Fji . ��+ey� F� � ,'�`�.Y` � �4�F� � ,? 'V a�y��+� � /' .L ': f` t�� / ',�� /�i(� ;� �Li�`�n # �� Prope Owner( ) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoina instrument was acicnotivled�ed before me on this 23�d day of May, 200�, Barbara A. Peterson, Mayor of the City oF Orono. a Miiulesota municipal corporation and said instrument was executed on behalf of the City. --w �_.�,t: ;. f`.�.,--�Y F i'C.�C.•t , �L...---• RACHELDODGE < NOTARYPUBLIC-MINNESOTA k� NOt ' Ub11C `,;,,;.: My Commission Expires Jan.31,2010� PaQe � of 5 ' •. . , r , . ' O� � O O � C ITY of ORONU � � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL �kEs�i�� NO. S � � 27 STATE OF MINNESOTA COUNTY OF HENNEPIN 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 municipal corporation and said instrument was executed on behalf of the City. ? , t RACHEL DODGE `-'�C�C�_ �--�C--e� ,�C7C%�`.� NOTARYPUBLIC-MINNESOTA Notary Public � :�„�:� My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN �/�- � This instrument was acknowledged before me this day of �� , 2005 by Bradley J. McDonnell, husband of Cynthia S. McDonnell. RACHEL DODGE t ��. G� � � NOTARY PUBIIC-MINNESOTA Notary Public .,s� My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicnowledged before me this�day of , 200� by Cynthia S. McDonnell, wife of Bradley J. iVlcDonnell. BARBARA G. SILUS _. r:OTARYPUBL!C-�s�r;;�,_s:,�;� Notary Public ,,�s-.' p4y Commission Expir�a J_-:.3i,��E PaQe 5 of 5 - .� .. . , , . . . ` CERTIFICATE OF SURVEY FOR LAKE p� y V }��TT MINNETONKA , ��t��.t�� .L �. �C�O lV l�l �i�L�9,0�� NORTH ARM ��j �I '� OF LOT 1, BLOCK 10, BALDUR PARK � HENNEPIN COUNTY, MINNESOTA �� Zg'4 ..-CONTOUR ^�� R�ARAP LINE � p-�IOI•� o r � �;; �' `;� (9J0.6)......' � S� 22 2O�� E �9J0.6) � (9!0.6) . RQK _��` � . ; FiRE /,_' n � .:^ P.INC � ��' SURVEY � ; � � LINE o � � � , � q, ry� �� .��ry ^�,- ?s OECK � °'} 75, � �� r91,.o� :•SETEACI< EXISTING �' UNE '�v�,� o EXISTING ��-�ptCdY�� HOUSE P�p HOUSE � �'j�Iv,.��Y�� +�th1fi t 'O- �1420 � �...„ �� ,t� �tN� ' , `` � ' : . ' �� f ��y , . �9, ��^�, S �W000 9J 761 / o ;soaa[a x` n.. � �. �puKr�� +G .�� ,�ryti - ^ � TOPOOF (9J�BJ '�. I � weu_ '•-,H., '!9' � (932.6) 1 O � ,� TING (970.9) � d .. /�� y��,o� �' HOUSE /^ CONCItETE WALK (� {��424 V J'��'� 'BS �•• BOFP:R �9J09J��` � . •yV J �� 26 R � EXISTiNG �� `'.4�hc` _ �,� � EXISTING �� ^ � ��o�,a� � GARAGE .,• , roJ c��o a� N�� °BJ'. /�°'� �c ?at D`, �9,70B) N RET� •� �1. 4P��!� �I •+J O� BLACKTOP � ORIVEYlAY ry q , h �9}a.9) `pQ�:. (`�JO.J) - STONE .`�J �,� 'l �'^/ 80ROER �oPo��P ,� ��04 .;� ' �91p9BAz� 2 w So .�9J,,�,;=�. , U� PA oo....: �k �� AD 0 LEGAL DESCRIPTION 0� PREMISES : �' � Lot 'I, 61ock 10, BALDUP, PARK ��;OTE: Accuracy of hardcover location, o : denotes iron mar'�.zr ond exTent or addi— (908.3) .: denotes existing spo� elevatior�, mean sea level da:um tionai hardcev=r is. [3eorinys shown cre cased upon an assumed �atum. limi,ed by ic� and,. snow cover. ;; ;. Tnis survey snow; tne boundaries o� the above descrioed properiy, ' =�he loca�ior� c� cn existing house and garage, ond the loca`ion o� oll visib4e "hardcover" thereon. It does not purport 'to sho�r� eny 9 other imprevements or zncreachmenis. scc,e � G F�Qi r.V B E R G A N D I herehy ce�iF;thaf this survey was pr?pzr=d ty mz or und=r my l"=20' dimcf su0'crvision,and[ha(I am a duly.regislered Civil Engin=er —��A 5 S O G f AT E S� 1 f�1 C. and Land Surveyor undertne Iz�:rs c!the Slale eF�9lnnesota. o;,Te 0na � CONSLJc TIc vIEhGINEEP_5� J-1�6—'�S f �q I � LAND SLJRVEYORS� �� nNNF_PS Ma /.'� / � J '� �� L�� ts' s/�� ',. . • . . � . ,