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Home My WebLink AboutResolution 5360 r i . ' ` � O� � • O � O - S CITY of ORONO ,� . , �, , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI'iUg'�G NO. �. � �-��— A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 78-330 (B) FILE NO. 05-3127 WHEREAS, James A. Kelly and�Margaret B. Kelly, husband and wife (hereinafter "the applicants") are the owners of the properiy located at 4445 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Bergquist's Addition to Saga Hill,Hennepin County,Minnesota (hereinafter the "property"); and • VVH�REAS, the applicants have made application to the City of Qrono for lot area and lot width variances per Orono Municipal Zoning Code Section 78-330 (B) to pernut construction of a new residence on an existing lot 0.50 acres in area where 1.0 acre is normally required and 77' in width at the shoreline and 79' in width at the 75' � setback where 140' is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS � 1. This application was reviewed as Zoning File OS-3127. 2. The properry is located in the LR – 1B, Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. 3. The Planning Conunission reviewed this application at a public hearing held on July 18, 2005 and recommended approval of the lot axea and lot width variances based on the following findings: a. The lot is a legal lot of record and was created prior to adoption of the . . current minim� lot area and width requirements of the LR – 1B • � zoning district. � Page 1 of 5 � f i ` � O� . . O �: O � CITY of ORONO � - . � n � ti RESOLUTION OF THE CITY COUNCIL ��`9k'Esi3�g'�G NO. e� e� s � , b. The former residence existed on the substandard area and width lot since prior to 1960. c. The lot is provided with City sewer. d. All other Zoning Ordinance requirements with respect to setbacks, hardcover, lot coverage by structures, and building height are met. e. No additional adj acent land is available for acquisition by the applicants, and doing so would make the adjacent properties more ' substandard than already exists. 4. The City Council has considered this application including the fmdings and recommendation of the Planning Corrunission, reports by City staff, comments by the applicants and the public, and the effect of the proposed • variances on the health, safety and welfare of the community. 5. The City Council fmds that the conditions existing on this property axe peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 spixit 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 Cit� Council hereby grants a lot area and lot width variances per Orono Municipal Zoning Code Section 78- 330 (B) to permit construction of a new residence on an existing lot 0.50 acres in area where 1.0 acre is normally required and 77' in width at the shoreline and 79' in width at the 75' setback where 140' is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annota.ted 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. Page 2 of 5 _ � °� • o ° � - � CITY of ORONO � - � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�k'Es8o4 rvo. � 3 6 � 2. Proposed hardcover for the 0-75', 75'-250', and 250'-500' zones shall remain conforming at 0%, 25%, and 30% respectively. Applicant is advised that any requests to increase hardcover beyond the a.11owable limits established in City Code Section 78-1288 sha11 require City approval, and will not likely be approved. 3. Applicant is hereby advised that all decorative landscape beds on the property . � shall not be lined with plastic or fabric liner material to ensure their permeability as non-hardcover surfaces. 4. City Engineer approval of the final grading plan will be required prior to issuance of a building pernut. 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 constxuction within one year of the date of Council approval, or the variances will expire on that date (July 25, 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution sha11 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25�'day of July,2005. ATTEST: �,� �� inda S. Vee, City Clerk Barbara A. Peterson,Mayor • Pro erty Owner( Page 3 of 5 . . . ' ; � °� . • o ° . �� CITY of ORONU 3 � � � ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kESI'1�4 NO. e5 � s O STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this a$ day of 3vka�, 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//lA� •I . �W�� . No yar Public � y KRISTI B.ANDERSON = � NOTARYPUBUC-MiNNESOTA ��°-:�.;;: My Commission Ex�res Jan.31,2007 ��Y • STATE OF MINNESOTA � COUNTY OF HENNEPIN ' S`�' The foregoing instrument was acknowledged before me on this � day of ��u,ni� 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota. murucipal corporation and said instrument was executed on behalf of the City. ;::� {Z�.�.�.--C �C��.-�--- � � RACHEL DODGE T- �', NOTARY PUBLIC-MINNESOTA Notary Public ,,,. My Commission Expires Jan.31,2010 • . Page 4 of 5 � �� Q O � CITY of ORONO � a ° : - � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESH.�4�G NO. '� � C'D � STATE OF MINNESOTA COUNTY OF HENNEPIN • This instrument was acknowledged before me this�day of 2005 , by James A. Kelly, husband of Margaret B. Kelly. DENISE M. LESKINEN _ - ' NOTARY PUBLIC-MINNESOTA ' ��-;.,,;.: My Commission Expires Jan.31,2010 Notary Public • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of JG't0 , 2005 by Margaret B. Kelly, wife of James A. Kelly. � DENISE M. LESKINEN ` _ ' NOTARY PUBLIC-MINNESOTA � .-,,:: My Commission Expires Jan.31,2010 Notary Public s � Page 5 of 5 � . � � ' . CERTIFICA►E OF SURVEY FOR �� , ° ' JAMES & MARGARET KELLY . . ' OF LOT 3, BERGQUISTS ADDITION TO SAGA HILL � ��°°' S 3 s � - HENNEPIN COUNTY, MINNESOTA � � � . . � ' � � ��\ \ �o ' � `` �� I��y ' . , �-S- ' . ' 1� \\ S��F` \ � 1 0 • . \ \ \ ti _ � �2 - , : �Z� \ \ �',;`� � �` • --�. �`-� ,� \ \ � � ;w I • � �1 1 � °o_ � ��i, r'`�a 1 � I � � � ' o� r �2 -� o \\ o , � • �_� �?,o / / � . �o � � � � / �� O // • '\� � / � O ��O' � \ � �M`� ROP�SEO � . t 7 �'� � �RNEWA �', i ,�- / � \\,��`./ pppppp� � � `�t/%�/�J�/ �'� I � \�ry' ^y. Y ,��5�*-0'� �¢' //� I I. . 3s g o � HOLlSE ''•n� fQ� � � • �,\o�� e'2p� 1 I'-0 �� 1 . . ' - o� �_ — o + .� g p� 1 1 1 ' y � � a2s 1 �� J/ � s . ' ,��'� �/• \f_�` '6� ' �Ljf^� �� i� � 9� g4 i � �� o. �\ � � ' ' 614ad.�� \` 1 � � ryn' S� . � � , \ � �OJ . \1 , '1 � •yy�\ � qao �� . . i �\ \\ ,\ ` � � ' , \\ :1�. K! . i ` � ` �� ' ti� I• ' ,�,� \\��s_ �� \ � o�� _ _ �o�ry-Q .�' �'.� � �-�- a �� - ' �o• �\ R�` .t �� . . r \ a%4 \ ' Tt.�� \ . �=' ` \�� LOT AREA • l . ry� yb* I . X. '� D-75 FODT ZONE = 5B10+— S.F. � 1� 75-25D FOOT ZONE = 1469Q-l-- S.F_ ' ��'�. > 250 FOOT ZONE = 1680-i— S.F. ' ��sG � � .. TOTAL = 22180+— S.F. � d \'-��G ti29 . olg ��F : ,r� Proposed elevations �y� �\�ti� 1)Garoge=(s48.o) �� `�� oo � 2)Top of foundation=(esa.$) 2j/2�-� ,,� � po- 3)Basement=(ssa.$) • . . 'I� g�\ LEGAL DESCRIPTION OF PREMISES: ��` � Lot 3, 8ergquist's Addition to Saga Hill ' ��' �" "ry� This survey shows the boundaries of the obove described property, ' � �a9 and the proposed location of a proposed house thereon. It does - not Purport to show any other improvements or encroachments. o _ lron marker set . • s _ Iron marker found (9zs.a) : existing spot elevation � szs.4 : proposed spot elevation —9sr- : existing contour ftne . -�--: proposed contour line . ' Bearings shown are based upon an assumed datum • GRONBERGBASSOCIATES�INC. ��RbY�'y�tWSSwrryrnsy`eparedbYmeurixidefmytl4eGwper- • SCALE CONSULTINGENGWEERS,IANDSURVEYOFiS, �'�^•��llamadiEyrcyistnedCivlEnflinewa�LandSurveyorunder �"c30' SrE PLANNFRS the iaws ot�he Slete of►S'smaala DATE �oi+c w�uK Rss�isES • ' 7112I05 952-473-4141 �/�/<��!�/l JOB NO. ax�.v�ns� � OS-317 05-317��Y 9.�.0+ Mark S.Gro Minnesota Licen Num6er 12755