HomeMy WebLinkAboutResolution 5365 II II III III II II 1111
Doc No 4290775 08/07/2006 09:00 AM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TransiD 244181 Deputy 16
New cert Cert Fees
865623 $1.50 AF
1110220 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$20.00 REFIFEE
$66.00 Total
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A RESOLUTION GRANTING VARIANCES (N
PER MUNICIPAL ZONING CODE
SECTIONS 78-330 (B)AND 78-1288 (B)
FILE NO. 05-3112
4210-7 .5
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, �j � CITY of ORONO
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4. , �� V . �G RESOLUTION OF THE CITY COUNCIL
` -1 ESTO NO.
A RESOLUTION GRANTING VARIANCES
PER MUNICIPAL ZONING CODE
SECTIONS 78-330 (B) AND 78-1288 (B)
FILE NO. 05-3112
WHEREAS, Loren F. Schoenzeit and Stacey J. Schoenzeit, husband and
wife (hereinafter "the applicants") are the owners of the property located at 4480 Forest
Lake Landing within the City of Orono (hereinafter the "City") and legally described as
follows:
Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota.
And,
That part of the Southerly 15 feet of Lot 7, Tonkaview Gardens, Hennepin
/\r\ County, Minn., lying Westerly of the following described line: Commencing at
N the Southwesterly corner of said Lot 7; thence Easterly along the Southerly line of
said Lot 7, a distance of 55 feet to the point of beginning of the line being
\4 described; thence deflecting left 104 degrees 54 minutes to the Northerly line of
said Southerly 15 feet and there ending.
And,
INS) That part of the Southerly 25 feet of Lot 7, Tonkaview Gardens, Hennepin
L) `N County, Minn., lying Westerly of the following described line: Commencing at
the Southwesterly corner of said Lot 7; thence Easterly along the Southerly line of
s
said Lot 7, a distance of 55 feet; theme deflecting left 104 degrees 54 minutes to
the Northerly line of said Southerly 15 feet; thence deflecting right 139 degrees
L.
48 minutes 49 seconds to the Southerly line of said Lot 7 and the point of
`t—
beginning of the line being described; thence deflect 180 degrees to the Northerly
n� U line of said Southerly 25 feet and there ending. (EXCEPT that part of the
Southerly 15 feet of said Lot 7, lying Westerly of the following described line:
Commending at the Southwesterly corner of said Lot 7; thence Easterly along the
4, Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the
0 line being described thence deflecting left 104 degrees 54 minutes to the
Northerly line of said Southerly 15 feet and there ending.
EXCEPT,
That part of Tract A, Registered Land Survey No. 1472, Hennepin County,
Minnesota, lying northerly of the following described line: Commencing at the
northwest corner of said Tract A; thence North 78 degrees 45 minutes 29 seconds
East on an assumed bearing along the northerly line of said Tract A a distance of
72.50 feet to the point of beginning; thence North 79 degrees 25 minutes 12
Page 1 of 6
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==A, •j _ CITY of ORONO
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seconds East a distance of 228 feet more or less to the shore of Forest Lake and
there terminating.
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Section 78-330 (B) and 78-1288 (B) to
allow construction of a new residence at an 8' rear/street yard setback where 30' is
normally required and 8' currently exists and also a hardcover variance for the 250'-500'
zone permitting 60%hardcover where 30% is normally allowed and nearly 55% currently
exists.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 05-3112.
2. The property 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' at the
shoreline and at the required 75' setback.
3. The Planning Commission reviewed this application at public hearings
held on May 16, 2005 and June 20, 2005 and recommended approval of
the variances for a remodel/addition project only. The City Council
reviewed the application at their July 11, 2005 meeting and recommend
approval of a remodel/addition or a rebuild based on the following
findings:
a. The lot line re-arrangement proposed will allow the applicants to meet
all other requirements of the Zoning Ordinance without negatively
impacting the adjacent neighbor at 1090 Wildhurst Trail.
b. The lot has a restrictive buildable area due to the sewer line running
diagonally through the lot and also due to the pinch of the side lot lines
to a point of approximately 30' forcing any home to be located in the
back 1/3 of the lot.
Page 2 of 6
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==A, ..- CITY of ORONO
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ti RESOLUTION OF THE CITY COUNCIL
-4ices-0.0- NO. 5 03 ';
c. The amount of undeveloped right-of-way in front of the applicants'
property lessens the negative impact of an 8' rear/street yard setback.
d. The existing home currently has a rear/street yard setback of 8' with
the proposed footprint not encroaching any further than the existing
one corner.
e. The combination of the small land area existing within the 250'-500'
zone and the restrictive buildable area forcing construction of a home
on the back 1/3 of the lot, prohibits a reasonably sized house from
meeting the 30% hardcover limitation in the 250'-500' zone.
f. The applicants intend on meeting all other Zoning Ordinance
requirements with respects to building height, building story, side yard
setbacks, lake yard setbacks and structural coverage.
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.
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 Section 78-330 (B) and 78-1288 (B) to
allow construction of a rebuild/addition project or a new residence at an 8' rear/street
yard setback where 30' is normally required and 8' currently exists and also a hardcover
variance for the 250'-500' zone permitting 60% hardcover where 30% is normally
allowed and nearly 55% currently exists, subject to the following conditions:
Page 3 of 6
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0 0CITY of ORONO
",� \, ,41, �0. _ c. ' RESOLUTION OF THE CITY COUNCIL
4 kES,B�4� NO. 5 „' > F
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 25% and hardcover within the
250'-500' zone shall be limited to 60% all per the proposed plan and hardcover
allowance summary as depicted on Exhibit A. Applicants are advised that any
future requests to increase hardcover in any of the zones on the property 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. The variances approved in this resolution only apply in conjunction with the
approved lot line re-arrangement application.
4. 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.
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 variances will expire on that date (August 8, 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.
Page 4 of 6
013.1/74
==A4:r CITY of ORONO
,, I' iNi��`%�k �'�� RESOLUTION OF THE CITY COUNCIL
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NO.
Adopted by the Orono City Council on the 8th day of August, 2005.
ATTEST:
` /.,A;Lt, J 1,,' .i.,- 0/ c , , A*_./ -7IP.-,01,
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
l
The foregoing instrument was acknowledged before me on this day of
A , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
m>tfnicipal corporation and said instrument was executed on behalf of the City.
Notar :.. ';r 7
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ei;;11iii JACQUELYN M. YOUNG
Notary 1. ubli
' c-Minnesota
. �Y Common
Expires Jan 31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Clay
The foregoing instrument was acknowledged before me on this i iday of
4_.L,�.ul{, 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.
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RACHEL DODGE Notary Public 1
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�; ;;;,,: My Commission Expires Jan.31,2010 `�
Page 5 of 6
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CITY of ORONO
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`9kES1104 NO. 5563
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This
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This instrument was acknowledged before me this ( day of )L. ,_,( ;4985---
by Loren F. Schoenzeit, husband of Stacey J. Schoenzeit.
DENISE M. LESKINEN ti
NOTARY PUBLIC-MINNESOTA f
„ My Commission Expires Jan.31,2010
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Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this (' day of 1-(-,-( —2005
by Stacey J. Schoenzeit,wife of Loren F. Schoenzeit.
/ / '' ''' 197___./ ,
DENISE M. LESKINEN f'
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NOTARY PUBLIC-MINNESOTA Notary Public
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My Commission Expires Jan.31,2010
Page 6 of 6
EXHIBIT A
CO APPROVED HARDCOVER
CV
IC (Applicant may pursue addition/remodel project or rebuild)
Allowed
Hardcover Total Area in Zone Hardcover Existing ProposedosedZone (existing/proposed) Hardcover*
Hardcover
E ._ h.„t,,,Mtnr 0—75 3,534 s.f. 0 0 s.f.
\`�^ plsr 0 s.f.
\i SWA(E ' S 7g. 75—250 (0%) (0%) (0%)
G 45'29" 1,994 3,165 s.f. 1,332 s.f.
7,974 s.f.
I� ' 59 81�_ I +e so
250—500 922%) (40.8%) (22.97%)
3,074 s.f. 1,425 s.t: I,845 s.f.
'I_ ', n (30°/n) (54.9%) (60°/n)
k
VtY _-7 % ' 1 J-9`+".. o Percentages arc based on the pre-lot line rearrangement zone s.f.areas.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed Deputy City Clerk of the
City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at
the meeting of the Orono City Council on August 08, 2005, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS m ,hand officially as such Deputy City Clerk and the Corporate seal
of the City this 2ZI' day of % , 2006
/ea_ e %ems '7c�t�
Deputy City Clerk