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Home My WebLink AboutResolution 5222 } 5 Doc No 8457320 10/15/24:04 12:28 PM Certified filed and or recorder-on above date: Office of the County 4ecorder Hennepin County, Nl6esota Michael H. Cunniff, CouRecorder Deputy 49 Transl67268 Fees $15.00 DOC $4.50 SUR $1.00 COPY $20.50 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL SaD NO. 5 d� P A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 SUBDIVISION B, a►,a,.. I ,, �„t ,.,..;.,SEC ION 78-282 AND SECTION 78-1288 I FILE NO. 04-3041 WHEREAS, Rebecca Lynn Holzem, a single person (hereinafter "the applicant") is the owner of the property located at 3407 Eastlake Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 8, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota(hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow lot width and lot area variances for a property 4,180 s.f. in area and 44' in width where 2 acres and 200' of width are normally required; and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow a rear street setback of 15' where 50' is normally required, a creek setback of 41.5' where 75' is normally required, and a lake setback of 50' where 75' is normally required and side setbacks of 10' where 30' is normally required; and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-75' setback of 21.8% or 720 s.f. where 0% is normally allowed and hardcover within the 75'-250' setback of 47% or 414 s.f. where 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3041. Page 1 of 5 O _. O O CITY of ORONO ti ti RESOLUTION OF Ty CITY COUNCIL`9kE II�g�G NO. 5 9 S 2. The property is located in the LR-lA, One Family Lakeshore Zoning District which requires a minimum lot area of 2 Acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of the variances based on the following findings: a. The property has 4,180 s.f. (0.096 Acre) in area and 44' in width. b. No additional land is available for acquisition by the applicant to make the property conforming in area or width. c. The property is served with municipal sewer. A single family residence has existed on the property for many years. d. 79% of the applicant's property is located within 75' of the creek and the OHWL of Lake Minnetonka. e. Because the property is less than 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of a 864 s.f. home accounts for 21.8% of hardcover within the 0-75' setback zone and 16% of hardcover within the 75'-250' setback zone. f. The applicant has proposed minimal driveway, and walk (and has forgone a deck) in order to limit the magnitude of the hardcover excesses. g. The size of the proposed residence and magnitude of hardcover variance is consistent with other approved development in the neighborhood. 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 Page 2 of 5 CITY of ORONO 1 ti RESOLUTION OF THE CITY COUNCIL S80NO. 5222 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 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 variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow lot width, lot area, lake, creek, rear and side street setback variances, and variances to to Section 78-1288 to allow excess hardcover, subject to the following conditions: 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 0-75' zone shall not increase above the level of 21.8% or 720 s.f.. Hardcover in the 75-250' zone shall be limited to 414 s.f. or 47% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction 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 removals of structure and hardcover shall be completed by the footing inspection. 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 variances will expire on that date (August 23, 2005). Page 3 of 5 O , O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ESB0 NO. 522 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. Adopted by the Orono City Council on the 23"' day of August, 2004. n V a ;, ity Clerk Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN i he foregoing instrument was acknowledged before me on this 2,3f day of st, 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. OX RACHEL DOnGG Notary Public Page 4 of 5 o � o .. CITY of ORONO ti RESOLUTION OF TKE ;I Y COUNCIL SH04� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The �oregoing 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 D00GF' Notary Public r NOTARY PUBLIC P"y Co'".;-31on STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of -e� e�, 2004 by Rebecca Lynn Holzem, a single person. 1 I sem DENISE M.LESKINEN z;' NOTARY PUBLIC-MINNESOTA ;: r+ Notary Public My Comm.sica E,p r s Jen. Page 5 of 5 HOLZEM IN SOT 1 , BLOCK 82 BAYSIDE ADDITION TO LAKE MINNETC HENNEPIN COUNTY, MINNESOTA 5222 EAST LAKE STREET O (933.2) (933.4) r� (933.7) O Of EAST 44.00 PROPOSED T DRIVEWAY W' LY LINEOF LOT 144.0 o...PROP :viWALK k- 10.0fO (933.8)6.0 75, SETBACKROPOSED LINE o HOUSE (933.8) /3407 n O FLOWER T 00 00 -19,33.5 1Q.0 24.0 10.0 W (933.8 p l _ (933.7)1; Q o 0 Oo O cn; Z 929.4 ( ' (932.6) CONTOUR, i s 1.s Low"—LINE N uii WEST 44.00 LEGAL DESCRIPTION OF PREMISES The East 44.00 feet of the West 50.00 feet of Lot 1, Block 8, Bayside Addition to Lake Minnetonka