The URL can be used to link to this page

Home My WebLink AboutResolution 5203 Doc No 3421519 08/20/2004 10:49 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 20 TranslD 54511 Fees $15.00 DOC $4.50 SUR $1.00 COPY $20.50 Total o , o CITY of ORONO �L RESOLUTION OF THE CITY COUNCIL`9kESH04�0 NO. 520 , A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 (B) FILE NO. 04-3019 WHEREAS, William L. Sullivan, a single person (hereinafter "the applicant") is the owner of the property located at 325 Crestview Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 3-5, Block 5, Bayside Addition to Lake Minne,onka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for lot area, lot width, front yard and side yard setback variances to Orono Municipal Zoning Code Section 78-305 (B) to allow construction of a new residence on a lot that is 0.43 acres in area when 2.0 acres is normally required, has a width of 150 feet when 200 feet is normally required, and to allow a front yard setback of 30' when 50' is normally required and a south side yard setback of 19 feet when 30 feet is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3019. 2. The property is located in the LR— 1A, One Family Lakeshore Residential District, which requires a minimum lot size of 2.0 acres. The applicant's lot is 0.43 acres is size. 3. The Planning Commission reviewed this application at a public hearing held on June 21, 2004 and recommended approval of the lot area, lot width, and front and side yard setback variances based on the following findings: Page 1 of 5 O � CITY of ORONO ti ti �L RESOLUTION OF THE CITY COUNCI L`9kESI'iO4�G NO. 5203 a. The lot is an existing lot of record where the existing house was constructed prior to adoption of the Zoning Ordinance. b. The lot is 0.43 acres is size located within a small lot neighborhood yet remains subject to the 2.0 acre zoning district standards. c. The setbacks proposed fit with the general development of the immediate small lot neighborhood. d. If the Zoning Ordinance standards were enforced the applicant would be forced to construct a long, narrow home. e. The proposal meets all other standards established by the Zoning Ordinance. 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 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 variance to Orono Municipal Zoning Code Section 78-305 (B) to allow construction of a new residence on a lot that is 0.43 acres in area when 2.0 acres is normally required, has a width of 150 feet when 200 feet is normally required, and to allow a front yard setback of 30' when 50' is normally required and a south side yard setback of 19 feet when 30 feet i"s normally required, subject to the following conditions: Page 2 of 5 O CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL`9kESI'i0NO. 5203 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 500'-1000' zone shall not increase above 35%. Applicant is advised that any requests to increase hardcover above 35% shall require City approval, and increases in hardcover will not likely be approved without concurrent reductions 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 Hennepin County Health Department site remediation shall be completed prior to issuance of a building permit. This work can be conducted congruently with a demolition permit for the existing house and any out- buildings. 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 28, 2005). 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. Page 3 of 5 0 0 CITY of ORONO �L �GA V RESOLUTION OF T5HEE CITY COUNCIL 203 `9kes 0NO. Mopted by the Orono City Council on the 281h day of June, 2004. ;'i' K 4 5��art`�1' ••'. ` , ..._.. (- en(-ity Clerk Barbara A. Peterson, Mayor � 6 � U�rrIA*� 1 4 ` ,P"ei iy Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this-X-6 day of , 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. KRI,V S ..y, ;;q - Notary Public W-T STATE OF MINNESOTA COUNTY OF HENNEPIN Sf 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 municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC•MINNESOTA Notary Public 4y Corm ssbn Expkes Jan.31,2005 Page 4of5 o , o CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`�kESII0 NO. e 203 State o innesota ) ss. County of Hennepin ) This instrument was acknowledged before me this ray of , 2004 by William L. Sullivan, a single person. Notary P li' BONN - AIMANGELA L.BURKH7,,,oT : :c, RY PUBLIC-MINN Mauy on Expires Jan. , Page 5 of 5 EXHIBIT A 5208 (952.3) S 89°34' 00" E 125.25 o.z., ------ (957.2) (951.0) 1 i (956.1) a (956.8) v: PROPOSED DRIVEWAY CD 0 O O O In Ln ------ -------------------------- - --- ................................... 11.5 18.5 -- ------•3T.S------- (954.6) (956.2) o � (955.7) "4 v N N (955.9) " 2.0 (956.3) ._I o 12.0 (950.8) 4N PROPOSED (947.7) HOUSE o -- -------�--------------------------- MANHOLE ------ --_--...__------- RIM- 955.36 11.0 2.0 - = ENLARK 50.6 325 oQCr_ ...... f— O y ;s O Z 2.0 a A PROPOSED POOL N m 1 i s:o AND PATIO � LL i 5 29.0 34.5 C � 0.2. u^i � 0.4. O i (955.3) I N 89034' 00" W 125.25 (952.( I PROPOSED ELEVATIONS : LEGAL DESCRIPTION OF PREMISES ; 1 ) Garage Lots 3, 4 and 5. Block 5, BAYSIDE 2) Top of foundation = 95