The URL can be used to link to this page

Home My WebLink AboutResolution 5200 L: ` I� � � O� i•' O ``, O Y � CITY of ORON� � � ��, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESII04�G NO. � � � � A RESOLUTION AMENDING RESOLUTION#5127 GRANTING VARIANCES � TO MUIVICIPAL ZONING�CODE SECTIONS 78-1288 (B)AND 78-1438 F'ILE NO. 04-2969 WHEREAS, Terry J. Blount and Gretchen Blount, husband and wife (hereinafter"the applicants") are the owners of the property located at 1390 Cherry Place within the City of Orono (hereinafter the"City") and legally described as follows: That part of Government Lots 4 and 5, Section 8, Township 117 North, Range 23 West of the �`h Principal Meridian, described as follows: Beginning at the . Southwest corner of Lot 7, Block 11, Saga Hill Revised; thence East along the South line of said Lot 7 to the shore of North Arm, Lake Minnetonka; thence � sout}ierly along the shore of Lake Minnetonka 57.0 feet, more or less to the Northeast corner of Lot 1, Block 4; "Crystal Bay View"; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence northerly to the place of beginning; AND ALSO Lot 7, Block 11, Saga Hill Revised. � (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288 (B) and 78-1438 to allow hardcover within the 75'-250' zone to remain at 39.25%where no additional hardcover is proposed and to allow a 4 foot building-to-building setback when 10 feet is normally required, in order to construct a covered entry over the front stoop. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File#04-2969. '� �: Page 1 of 5 , i � O� • O �, O � C ITY of ORONO � -. : � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESI��g'�G NO. o� � � � . The property is located in the LR— 1B, One Family Lakeshore residential district, which requires a minimum lot area of 1 acre. The applicants' property is 0.427 acres in size. 3. The Planning Commission reviewed this application at a public hearing held on June 21, 2004 and recommended approval of the variances based on the following findings: a. No new hardcover is proposed since the covered entry will be constructed over the front stoop, which already counts as hardcover. b. The applicants have chosen to remodel over existing footprints where the existing hardcover is set at 39.25%. � c. No negative visual impacts result in the 4' building-to-building setback that will result between the covered entry and the detached • garage. d. The layout of the house doesn't allow the entry to be moved in order to meet the 10' building-to-building setback. 4. The City Council has considered this application including the findings and recormnendation of the Plaiuiing Cominission, 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 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. . Page 2 of 5 • , � °� - ! o � �� CITY of ORONO s � - : � � ti ti RESOLUTION OF THE CITY COUNCiL ��`9kES�I�4�G NO. �i � Q�) Q11 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 78-1288 (B) and 78-1438 to allow hardcover within the 75'-250' zone to remain at 39.25% where no additional hardcover is proposed and to allow a 4 foot building-to-building setback when 10 feet is normally required, in order to construct a covered entry over the front stoop, subj ect 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 75'-250' zone shall not increase above 39.25%. Hardcover in the 75-250' zone shall be limited to 5,966 s.f. 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. 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 (June 28, 2005). 4. 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. 5. 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. � Page 3 of 5 � °� ! o �. � S C ITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��l ��'� , `�kES�I�g' NO. � �? Fri) r� Adopted by the Orono City Council on the 28th day of June, 2004. ATTEST: ✓�� l/��/ Linda S. Vee, City Clerk Barbara A.Peterson, Mayor � �/J,/ � /�'` .. P operty Ow er( � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � day of �.nM,c, , 2004 by' Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � $ � . 3Q21�'B�.��ER�� c ��'��rFU��,°c-��'n��cs`'�:' ` Not Public ?'['P�i)� !'� '�'^;: �gc � v ,`'1(�? !ir ;`t�: -i. � + j : . �11. '.0'{�X�i�sE'S� . � .wt;;,;: �..t:��;.,�,M'a^. ^��.:c._.�.'�'.. . STATE OF MINNESOTA COUNTY OF HENNEPIN /S� The foregoing instrument was acknowledged before me on this / day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munic pal corporation and said instrument was executed on behalf of the City. � �%►��-�.. � . %��:;�� RACHEL DODGE :_',.--� Notary Public �� ! - NOTARY PUBLIC-MI,'Vt�CSOTA � ��'-;,• h'ty Commissian Expires Jan.31,2ik3 i::,,:��, . _::tt r.., Page4of5 . � 7' O� . . � O �+ O � � ; � C�TY of ORONO , ti ti RESOLUTION OF THE CITY COUNCIL �L`�k'EsH.�g'�G NO. �� State o Minnesota ) � ' ) ss. � County of Hennepin ) This instrument was acknowledged before me this %�day of , 2004 by Terry J. Blount, husband of Gretchen Blount. � � PFiM�LA J.C1ii�liiCLA / C%C�lr� LA �3�NOTARY PUBLIGAPlPtNEBpTA �G��Y i� s PENNIh1CiT0ld CpIIMy - run�cor�r�.ocP.JAN.31,aoo� Notary Public , � State of Minnesota ) . ) ss. County of Hennepin ) This instrument was acknowledged before me this��day of , 2004 _ by Gretchen Blount, wife of Terry J. Blount. - �"X'� PAMELAJ.WYV��R'+��J� � + .l.,a�NOTA6aY PUBI{C-MIPINESOTA . ��7 PENNtP1�T0(d CQUMY Notary Public _,j° lylY COPAAA.EXP.JAIV.31�20Q5 � Page 5 of 5 ��; ��o•SO� �� , � � �XHIBIT A � � �m - , � � ; /� '� ` �� A ---1 � _ wo � ^- � � Q' , . � � __ ,`� � �� m ° .- � ` ---�---- °�= ^ _ �.._, LU -.�S'� � ° r• _ .� � � � � ..,_. ; '7 � � � \, `' � v: Q O I� C O - ' � rn C� �• m � � � `•r �J z � � J - � �L � � / � � (1�v t� � i ' ,�- � � � 5....�•� o¢ I� O 4-... � � r °' I � � > , .�►- � _..1 N O ' �� ^ z � ^w � } .. � n �J/ � � 4�' � 1�/ f� � r-'^. . •, . �� O� � y-' � L i `� v 6 � 11` Z; .� C _; � }L rn 7 ._I tfi t i.. - � � �96� � Q =Y cn a� � o � - � � ��,: • �� . c � � c.� ' �~ � : � Y -� '' n o° 3 � Q ' o u� o V � °' w M ; �v z m O o +� ' a J�Q ;�r � rn : �`' f U � (n f � i 0 3°: � Y'b l m `° w �+-' L � N � � � 6'til � W n `rn�� Ol7 U1 O � p) N o � � � � � �z•s� �. .z � � :''. � Z �-' � °% °% �J^ Z � ��n "y .� .................. • � ow�n 1 � Owin ................ ; � O o>rn o�W°: .a OSZ Q � � � [y IJiJ A F—^ + Q � ��p: n � � N r ' � 4J A Z . � . . �� Z T' V! � _ � • � • -�--/ � X � � � ❑ U O a� a� _ LtJ � `� •a $' h � (/7. � � - £'l� � '. ................................................. 1 9'Z� � c � � �/) O +� 7d� m � .L 1 "Q o � ^t UJ O . I o CO � -+-� -+� 1 3 r � . . � � Z"i ++ .L (n _ S'ZZ � � -� (!1 - Ll..� LL1 >-- J1 � � � � Q w� i J �. . . � � O - _ ` Z � w � � � (n •- L. � � 1— m Q> Q t Q-- Q i- W (n � I� O � I� N � Q N �Q �, �}— � � � C� +'� � Xv � „J � O — O •- -+� N - ` W �� N � w � �� - r .�..� - r �-L- J A o S•�,; � s�aa � o � T ' �. c m � 0.� ................ • . . cL DO � � a� p � o �' 3•0 �. (r1 - L o a� A � � N z a� — 4--�.- . 1,v i ° o � o' o °o A � 3 > � 1� F-- c� 4- a� • W 7" � , 00 a- 4.- � �� oC oL i � o o — �u 1r- a- - - z — c� a � 7 'Z �' , 0 cn -� -o � � . � � � i � � � .� � o � i a•— O+� � �,� J iCn N : � Q +' U � � � Wr � C� O (n N � U - + O �� w � N�.0'— . i m J I— 'C1 +�� - soa �� i G '� a Z U' .� ��"' �� W w � ^' N� O0 =�� p1 Q> WU' �-c�m �� '� S'OZ � �O • .' �'••. , :,:'. �''••....... ' ; ''••....,, '�. '' .... 00'05. ............ 86'6�b �� ,�OS ,6�000 �1 � „0� ,6Zo-b0 I� �� 3 �O �`• W ' o ��m � � � �Id � �I ?3 � H �� ¢ �- �o m �mJ Q ��,. � _F- .