The URL can be used to link to this page

Home My WebLink AboutResolution 5248 f � ` . I O� O O � �� CITY of ORONO a -- ; � ti . ti RESOLUTION OF THE CITY COUNCIL ��`9 4��'G NO. e5 � � � _ kES�I� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 SUBDIVISION B,AND 78-1288 SUBDIVISION B FILE NO. 04-3058 WHEREAS, Tiinothy L. .Zwart, a single persori (hereinafter "the applicailt") is the ovv�ler of the property located at 3970 North Shore Drive within the City of Orono (hereinafter the"City") and legally described ac follows: Lot 11, Hickory Hill, Hemzepin CoLUlty, Minnesota (hereinafter the "property"); and • . WHEREAS, the applicant has inade application to the City of Orono for a variaiice to Orono Municipal Zoiung Code Section 78-350 Subdivision B to allow construction of a new single family residence on a lot 10,000 s.f. in area and 50' in width where 21,780 s.£ and 100' are required; and � WHEREAS,the applicant has made application to the City of Oroizo for a � vaxiance to Orono Municipal Zoning Code Sectioii 78-1288 Subdivision B to allow hardcover withiii the 75'- 250' setbacic zone of 36% or 2,274 s.f. where 25% or 1,562 s.£ is iiormally allowed. NOW, THEREFORE BE IT RESOLV�D by the City Council of Orono, Mirulesota: FINDINGS 1. This application was reviewed as Zoiung File#04-3058. 2. The property is located in the LR-1C, Single Family Lakeshore Zorung District which requires a minimum lot area of 21,780 s.f. and a minimum lot width of 100'. • Page 1 of 5 � �� . O 4 • '� 3 CITY of ORONO ,� -- : � ti �,�� G�' RESOLUTION OF THE C�Y�COUNCIL �k'EsI3�4 . NO. '� � � 3. The Plaruiing Commission reviewed this application at a public hearin� held on October 18, 2004 aiid recormnended approval of variances based on the following findings: a. The property 11as 10,000 s.f. (0.23 acre) in area and 50' in width. b. No additional land is available for acquisition by the applicant to make the property confoi7ning in area or widtli. c. The property is served with municipal sewer. A single fainily residence has existed on the property for many years. d. Because the property is 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of a 1,350 s.f. lzome and driveway account for 36 % of hardcover within the 75'-250' • setback zoile. e. The applicant has proposed a home that meets all setback and structt�ral coverage requirenleiits. f. Tlie applicant has proposed a honie which straddles the line between the 75'-250' setback zone aiid the 250'-500' zone and proposed minimal driveway in order to limit the magnitude of the hardcover excesses. � g. The proposal will not have a negative impact on light, air or open space within t1Ze neighborhood. 4. The City Council lias considered this application inchtding the findings and recommendation of the Planning Coirunission, reports by City staff, comments by the applicant a�id the public, and the effect of the proposed variance on the health, safety and welfare of the community. ,` • ' Page 2 of 5 � °� 0 0 • �� C ITY of ORONO � -. ; � , ti ti RESOLUTION OF THE CITY COUNCIL �L`9k'ESYi�g'�G NO. .5 � `� � . 5. The City Couizcil finds tliat the conditions existing on this property are peculiar to it and do not apply generally to otller property iii this zoning district; that grantiizg the variance would not adversely affect traffic conditions, light, air nor pose a fire hazasd or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a deinonstrable 1lardship or difficulty; is necessary to � preserve a substantial property right of the applicaut; and would be in keeping with the spirit and intent of the Zoning Code and Cornprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fiildings, the Oroiio City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 Subdivision B, and • Section 78-1288 Subdivision B to allow construction of a new single family residence on a lot 10,000 s.f. in area and 50' in width where 21,780 s.f. in area and 100' in width are normally required and hardcover within the 75'-250' setback zone of 36% where 25% is nonnally allowed, subj ect to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and aiulotated by City staff, attached to this Resolution as Exhibit A. Any ainendmeiits 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 be liinited to 2,274 s.f. or 36% per the proposed plan and hardcover allowance suimnary as depicted on Exhibit A. Hardcover within the 250'-500' zone shall be limited to 30% or 1,125 s.f. Applicant is 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 concunent reduction in existing . hardcover. 3. Applicant shall remove all plastic or fabric liner material froin the decorative landscape beds on tlie property to ensure their pernleability as non-hardcover surfaces. • 4. 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 pernlit for • Page 3 of 5 r , . . � O� O O � �� CITY of ORONO � . ; � , ti ti RESOLUTION OF THE CITY COUNCI L ��`�k'EsH.og'�G NO. � � � � the new construction within one year of the date of Council approval, or the . variance will expire on that date (November 8, 2005). 5. Violation of or non-compliance with any of the teniis and conditions of this resolutioii shall constitute a violation of the zoning code, shall automatically tenninate any authority graizted herein, and shall be punishable as a inisdeineanor. 6. The undersigned applicant has read, understood and l�ereby a�ees to the tenns of this resolution azid 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 Yhe property. Adopted by the Oroiio City Council on tlle 8`�' day of November, 2004. • ATTEST: , //� ��U�� L'u1 a S. Vee, City Clerk Barbara A. Peterson,Mayor �— .� Property Ow r � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�day of • �U , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mumcipal corporation and said instrument was executed on behalf of the City. c / ,� / • f r � t�� . Notary Public JACKIE YQt1?�a �; NOTARY PUE3L!C-(:'."^..:,,^T,3 ,. Page 4 of 5 r:� hlyComm�ion�r.;::r,,��1��.5�.2:::5 S' }::-_">'�'�"u,ce2r�.'....._r�.'��'c':�'..ti,_,__..._,r.,.� f . , � r � O� . O O • �� CITY of ORONO � , ; � � � ti �� G'�' RESOLUTION OF THE C�ITY COUNCIL `�k'ESI'iOg' NO. � 2 � . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrunlent was acknowledged before me on this ��day of ��(�1V1�, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota . mi.ulicipal corporation and said instrument was executed on bellalf of the City. '� . L DODGE ��"`�` , ,;,�n,,;, RACHE , t 'L��'arA° NOTARYPUBLIC-M1Ni:[SOTA }. Notary Public �, -t,,:::r:_ ��ssiot►Expkes Jan.34.1Sf�5 �` - • STATE OF MINNESOTA . COUNTY OF HENNEPIN This instnunent was acknowledged before me this�day of D�e�, 2004 by Timothy L. Zwart, a single person. DENISE M.LESKINEN • NOTARY PUBLfC•MINNESOTA Notary Public � My Cort�alon Explra�Jen,31,26C5 • � Page 5 of 5 . r . . ; � , ' Lf7C�'��11' � �. AST 50.00••°�••..., — :� CERTIFICATE OF SURVEY FOR S � 4 � � �� Y L . ZWART � �� s � TIM� TH � P�t09C5E� � �`i �� _ �u ...!.4,}... ; :�� '�s�, ,=.o :�' OF LOT 11, HICKORY HILL �� ,i ; . ' �. APPROY.ItihTE IOCATICN-- HENNEPIN COUNTY, MINNESOTA � �'OE ?50' SETBACK IhVE �, � �J � � � i �,� : 5�-1__ �' , � I /_` fl;,;..9Sa. , —�,.T..' 1 . �y� �'°�.°` ,� . �t ' � i J �`, '9$2,` �— � PROPOSED� .� PROPOSEO GARAGE FLOOR=9"–.6.2 FROPOSED i OP OF FOUNDATION=955.2 �rPPr�� o �--__� �� o �� H�"DLDJ��" � ` 9� '� � ��' `�� O p� —��U'S'E� � O r ?j� !D c� �� — . •, �� 7� Z� ` �27`�5 ` �{�39T0 •. �_�• � �. � x.o ��•, . � � . ♦ ....,�.�.: 9 � '� ;�' '•, • , 2$(jrsOp= �J O�ra g¢��,, � `, �'� t, l?.� S� \ � . w ` PROP05=Q �� DF.IVEWAY\ �� 2. G7 � `\ r` N \ � T r \ \ i� LEGAI. DESCRIPTION OF PREMISES : 0 1 0 °po � � °po Lot 11, HICKORY H{LL • I Z � I � . � � � o ; denotes iron marker / / � __ 917__ : denates er.isting contour line, from city maps / ( / �`_ � eda , denotes proposed contour line 1 � 8eorings shown are 6ased upon an assumed datum. � . \ � : �� o ` This survey shows the boundaries of the • obove described property, and the proposed ea ao �� • ° ! locotion of a preposed housz and shed ''' °��`"" a � i ihereon. It does not purport to show ony � —� other improvements or encroochments. �¢?--_ _ . t � -••WESl' 50.00•••••"'� � H.C.S.A.H. N�. 1 � � NORTH SHORE DRIVE � � . � � . . SCALE GRON BERG AN D I hereby cerGfy that lhia survey was prepared by me or under my ��_20r ASSOCIATES INC. dired supervision,and that I am e duiy�egtstered Civtl Engineer � and Land Surveyor under the laws of the State of Minnesota. on� CONSULTING ENGINEERS, 9-21-04 LAND SURVEYORS, AND SITE PLANNERS 7,�� /f� �J� JOB N0. 445 N.WILLOW DRIVE LONG LAKE,MN.553 �� L'��l 04-383 .,,� 952�a73�14� -h�ark S.Gronber Minnesota Lt nse Number 12755