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Home My WebLink AboutResolution 5373 . R Doc No 4181885 11/02/2005 01:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 156799 Deputy 40 New cert Cert Fees 800765 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $2.00 COPY $48.00 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL SIiD��G NO. J 3 ! 3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350 (B) AND 78-1279 (6) FILE NO. 05-3140 WHEREAS, Andrew V. Ronningen and Kristen M. Ronningen, husband and wife (hereinafter "the applicants") are the owners of the property located at 3030 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Block 1, KELLY 2ND ADDITION, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1279 (6) to allow construction of a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase the ceiling height in the main level kitchen/living area and add a '/z story over the existing garage and main level bedrooms requiring a rear yard setback variance to permit a rear yard setback of 20' when 30' is normally required, 20' currently exists, and 20' was permitted by variances in 1968 and 1999. WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (B) to allow construction of a covered entry over the existing stoop requiring a rear yard setback variance to permit a rear yard setback of 15' where 30' is normally required, 20' currently exists, and 20' was permitted by variance in 1968 and 1999. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: . I ,..L,- FINDINGS 1. This application was reviewed as Zoning File 05-3140. Page 1 of 6 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��`9xESII0 NO. 6323 2. The property is located in the LR — 1C, Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100' at the shoreline and at the 75' setback of Lake Minnetonka. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2005 and recommended approval of the variances based on the following findings: a. The proposed roof addition will not encroach further on the existing rear yard setback to undeveloped Maple Avenue. b. The proposed roof structure and '/z story addition meet the building height and half story requirements of the Zoning Ordinance. c. The proposed roof structure, while adding height, will not impact lake views for adjacent lakeshore properties due to the curvature of the shoreline within Casco Cove of Lake Minnetonka. d. The additional 5' encroachment on the rear yard of undeveloped Maple Avenue will consist only of an unenclosed covered entry over the existing stoop. e. While the 1968 variance approval categorizes the rear lot line as the line adjacent to undeveloped Maple Avenue, this property boundary functions more like a side street which would only require a 15' setback due to the orientation of the adjacent houses. f. The area existing under the proposed covered entry, in the basement level, already exists as storage space to the house as it was an old well. The covered entry proposed will not encroach any further than this existing storage area in the basement level. 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 variances on the health, safety and welfare of the community. Page 2 of 6 O O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL S804�G NO. 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 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 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 variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1279 (6) to allow construction of a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase the ceiling height in the main level kitchen/living area and add a %2 story over the existing garage and main level bedrooms requiring a rear yard setback variance to permit a rear yard setback of 20' when 30' is normally required, 20' currently exists, and 20' was permitted by variances in 1968 and 1999 and to permit a covered entry setback 15' from the rear lot line where 30' is normally required and 20' 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. The covered entry shall remain unenclosed. If at any time the applicants submit for a building permit to enclose the covered entry, a variance to the rear yard setback requirement would be required. 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. 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 variances will expire on that date (August 22, 2006). Page 3 of 6 o , o CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��9 r pg�G NO. kEsB 5 x 7 3 5. 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. 6. 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. F � Adopted by the Orono City Council on the 22°d day of August, 2005. ,�'r'��Yf 77➢'j{ J e, City Clerk Barbara A. Peterson, Mayor t � .•` ,7z/i - L rop y Own&(s)V/ Z_ Page 4of6 0 0 CITYof ORONO ti A— RESOLUTION OF THE CITY COUNCIL ESI. Og�G NO. � � i k 'i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this.�- day of 4- , 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. KRISTI B.ANDERSON Nota Public NOTAIRY PUBLIC•MINNESOTA My Gammie�ian�xoira�Jan.21.2007 STATE OF MINNESOTA COUNTY OF HENNEPIN I 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. RACHEL DODGE Notary Public v NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31.2010 Page 5 of 6 O � O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESH04 NO. 34 3 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2Sday of 2005 by Andrew V. Ronningen, husband of Kristen M. Ronningen. BARBARA G.SILUS _ i:GTARY PUBLIC-MINNESOTA a LA A !Ay commission Expires Jan.31,2008 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this J�E day of , 2005 by Kristen M. Ronningen, wife of Andrew V. Ronningen. DENISE M. 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