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Home My WebLink AboutResolution 5344 . ' , ; . • � O� � . • O �, O a CITY of ORONO � - ; � ti �'.�� G'�' RESOLUTION OF�TH�E C�i� COUNCIL `�k'ES�IOg' NO. , A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330(B) & 78-1279(6) AND 78-1288(B) FILE NO. OS-3114 WHEREAS, Sharon L. Peterson and Severin H. Peterson(hereinafter"the applicant") is the owner of the property located at 3145 North Shore Drive within the City of Orono (hereinafter the"City") and legally described as follows: Tract B,Registered Land Survey No. 1113,Hennepin County, Minnesota � (hereinafter the"property"); and • WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330(b) to allow a lot width of 109' at the shoreline and 123' at the 75' setback where a width of 140' is normally required in order to build a new single family residence; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow a new single family residence to be constructed lakeward of the average lakeshore setback; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288(b) to allow 28% hardcover . within the 75'-250' zone where 25%is normally allowed. NOW, THEREFORE BE IT ]L�SOLVED by the City Council of Orono,Minnesota: FINDINGS l. This application was reviewed as Zoning File OS-3114. 2. The property is located in the LR-1B One Family Lakeshore Residential • Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. � Page 1 of 6 , � �O� . • O O �� CITY of ORONO � ,� _ � ,a � ti � RESOLUTION OF THE CITY COUNCIL ��`�k'ESSO��G NO. � � � 44 3. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of lot width and average lake setback variances based on the following findings: a. The property has 44,610 s.f. (1.02 acre) in lot area and 109' of lot width at the shoreline and 123' at the 75' setback. b. No additional land is available for acquisition by the applica�lts to make the property conforming in width. � c. A lagoon exists on the neighboring property to the north which accounts for the home to the north to be set back considerably from the applicant's property, thus making an unnatural average lakeshore • setback line. d. The applicant's property contains a long shared driveway serving 4 other residences. The driveway and hardcover are entirely on the applicant's property and the hardcover is applied toward the 75'-250' hardcover allowance; This shaxed driveway situation would not be allowed if the lots were subdivided today as an Outlot or a public road would be required for this type of shared access. This sllared driveway configuration acts as a hardship that supports the 75' —250' hardcover variance for this complete rebuild sit�iation. e. The property is served with municipal sewer. f. The property is similar in size to many of the lots in this neighborhood. g. The average setback variance will have no impact on lake views enjoyed by the neighboring property owners. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 . Page2of6 . . � ' , • O� � • O � O 1 CITY of ORONO � � ti �� p�' RESOLUTION OF E CITY COUNCIL �`9.tfE gOg'� NO. �� 4 � S conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 hardcover variance to Orono Municipal Zoning Code Section 78-1288(B) for 28% or 10,109 s.f. where 25% is normally allowed, grants a variance to Orono Municipal Zoning Code Section 78-330(b)to allow construction of a new single family residence on • a lot 109' in width at the shore and 123' at the 75' setback where 140' is normally required and grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow the new residence to be located lakeward of the average lakeshore setback sub�ect to the following conditions: 1. Council approval is based on the site plan submitted by the applicant 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 10,109 s.f. or 28%, and . hardcover within the 250'-500' zone shall be limited to 141 s.f. or 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases � in liardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant 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 a.nd hardcover shall be completed by the footing inspection of the new residence. Page 3 of 6 • i' �, . ` � O� " • O �l. O � � C ITY of ORONO . . � ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kESI��4 NO. � og � � 5. Authorities granted by this resolution run with the property not with the applicant, 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 27, 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 27th day of June, 2005. ATTEST: � ��- f��!�� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � roperty Owner s) . • Page 4 of 6 � . . �. , . � � O� • O O �� C ITY of ORONO � � ti �',�� G'�' RESOLUTION OF T5E CITY COUNCIL �k'Es8�4 No. � �$ 4 � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this�/ �ay of��!�"'� 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. f ' / �--'`� �i�� %o'tary Pul�lic r • �l �,, ' JAC(�UELYN M.YOUNG Notary��:"�lic-Mf�nesata i f� My Commiseic��cplree Jan 31,2010 V ��y�,��rsr+r�vvwvvvvav�►�vvwv' .u;s��a'% • STATE OF MINNESOTA � �T� COUNTY OF HENNEPIN -(�- The foregoing instrument was acknowledged before me on this `1ia 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. �iQ-��--� !��-5�- RACHEL DODGE Notaxy Public -' `•� ° NOTARY PUBLIC-MINNESOTA �.� � ;•,,;.. Mg Gommission Expires Jan.31,2Q]0� : s, `.'.�:��?c:•?z.Y�.�-'' :, �� iT ,-t,:'. . S Page 5 of 6 � . r. , . r � O� . • O �, O g C ITY of ORONO ,� � . ., . � ti RESOLUTION OF THE CITY COUNCIL ��`9.k og'�G NO. �.� 4 � ' ES�I STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �� day of , 2005 by Sharon L. Peterson,wife of Severin H. Peterson. . ,_._ �.�.�,�� /�ace.� RACHEL DODGE Notary Public _ �' NOTARY PUBLIC-MINNESOTA .,,�:� My Commission Expires Jan.31,2010 • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of ��, 2005 by Severin H. Peterson,husband of Sharon L. Peterson. -, a., DENISE M.LESKINEN �� NOTARY PUBLIC-MINNESOTA NOt Public � �� ;;,s;:: My Commission Expires Jan.31,2010 � � ��. i�� • Page 6 of 6 � • 1 \ n � � « � ) , `� . ,��/ \`\ �s � `� . ��'� I� � . '�'o � 4 � � �....... � ^ \ � �� • � � � �°'� .� � . �\�� -�°�� \ . .' �:�,\ ///�/ \\\ £S h �/ \\\\� / �� o / � . 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