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Home My WebLink AboutResolution 5258 � � � � � � ' � Doc No 8500563 12/3Ql2004 10:02 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesot� � Michael H. Cunniff, County Recorder Deputy 55 TransiD 8427Q1 Fees ; $15.00 DOC q $4.50 SUR ' $1.00 COPY (��cz��,�� $20.50 Totai �� . � °� . o 0 C ITY of ORONO � ,. � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'EsiI�4'�G NO. 5 � ��+ � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 04-3064 WHEREAS, Douglas Stewart Ingvalson and Deboral� K. Ingvalson, husband and wife (hereinafter "the applicants") are the owners of the property located at 3460 Birch Lane withiii the City of Orono (hereinafter the "City") and legally described as follows: All that part of Lot 19, "Lydiard's Park", Lake Minnetonlca, lying northerly of the northerly line of Birch Lane in "Baldur Park" if said northerly line were extended in a straight liue across said Lot 19, Heiulepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicants have inade application to the City of Orono for a hardcover variance to Orono Mtmicipal Zoniiig Code Section 78-1288 to allow a larger front stoop to include a roof, increasing the size of tlie existing stoop by 16 square feet. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mimzesota: FINDINGS 1. This application was reviewed as Zoning File#04-3064. 2. The property is located in the LR— 1C, One Family Lakeshore Residential District, which requires a minimuin lot are of one half (%2) acres. The applicants' lot is 0.43 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the variance based on the following findings: Page 1 of 6 - � o� . o � o CITY of ORONO ,� , � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII04'�G NO. � �� a. The proposed covered entry is a reasonable request with few negative impacts. b. The proposed covered entry will be a mere 16 square feet larger than the existing fiont stoop. c. The covered entry will consist of a roof and pillars only and not fully enclosed side walls. d. The covered entry will ineet all setback requirements. e. The applicauts have agreed to remove hardcover on the property so as to not increase the current level within the 75'-250' zone. 4. The City Council has considered this application including the findings and recoinmendation of the Planning Commission, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow a larger front stoop to include a roof, increasing the size of the existing stoop by 16 square feet, subject 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 Page 2 of 6 , � �� . O O ,� ;- � C ITY of ORONO ti �� G'�' RESOLUTION OF TrJHE�Ci�T�COUNCIL `�k'ESII�g' NO. amendments to the site plan which are not in confonnity with City codes will require further Planning Cominission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the existing 1.50%. Hardcover in the 75'-250' zone shall be liinited to 5,898 s.f. or 52.2% per the proposed plan and hardcover allowance suminary 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 conctirrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their peimeability as non-hardcover surfaces. 4. The applicants shall make the following hardcover removals: a. Removal of 16 s.f. of hardcover of applicants choosing, b. Removal of the 58 s.f. of pavers next to the detached garage, and c. Removal of the 28 s.f. of brick existing off the corner of the attached garage. These areas shall be re-vegetated in order to ensure penneability. 5. Required removals of hardcover shall be completed by the footing inspection for the covered entry. 6. 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 (November 22, 2005). 7. 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. 8. 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 6 . � °� . o 0 �'�� - C ITY of ORONO �a. ,� � �� /' ' �'�' RESOLUTION OF THE CITY COUNCIL L�kES�I�� NO. �' �� . Adopted by the Orono City Council on the 22"d day of November, 2004. ATTEST: �_____ � ,� „� . �� . �.. �,�4.�--t�i.�� -�� I�C�I�� _��' J� � � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �r ' ( . � t / / r / / �� 1 % I� � '-LM:, :r,(�- r'l�l.�C.'' 1�' "'� � ,,__'� �.:�+ •L'z �_ `� \ C".�.x/ .,.�..r ope y Owner(s) v Page 4 of 6 . , � �� , O � O -��a=.- , C ITY of ORONO � � : � 1;; � �,� � :� �,� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � ,y�, :-� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �._° '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. , ; � .� -� ;�,. "�'j ��, � ��B ��QE��yp� �h Notary Public �c�-�?v au9t.�' „,r��-�:��• ,: `+� �;:fCa�v►�s�c'n�E�cP,�c.s.� � �t... � _,��-"`� ,c�v STATE OF MINNESOTA COUNTY OF HENNEPIN ,�.f r ', The foregoing instrument was acknowledged before me on this � day of � j�rv�`.��v- k;�:' , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corparation and said instrument was executed on behalf of the City. ��EL��L"`.�. �.;��..__ �� \ 1 ,-� ,� ;� NOTARYFUBLIC-P.��'.' - '� Notary Public ' ' Aryy Conunis:tron Expirea Js ,..,;'>:'.�':7s^.,... . Page 5 of 6 , � °� . o 0 �' ��a.: , CITY of ORONO ,� � � � ��:�. � RESOLUTION OF THE CITY COUNCIL �L`�kESI��g'�� NO. � � � :�� State of Mimlesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this ''�day of '�-��E �,� �r�� , 2004 by Douglas Stewart Ingvalson, husUand of Deborah K. I��gvalson. ;. � ,� �� , � ��' � �,��. CcNISE M.LESKINEPJ ,, �.- -�'� _------------_ `i ��5,��` NOTARYPUBUC-MINNESOTA ��; Notary PLlblic �,� °?u�a h�y Commbsion Expires Jan.31,�CCS +,, State of Mimiesota ) ) ss. County of Hennepin ) This instnunent was acicnowledged before me this��day of r'.�%�=' ' y � '', 2004 by Deborah K. Ingvalson, wife of Douglas Stewart Ingva.lson. /� /, . il c t.=�. t� � �.t..-''o?t�i-C s��. u�t�:�S�.M.LESK�ti�,J � NOTARYPUBUC-MINNESOTA � Notary Public ' ."�,�,•-', My C�tn�ttissbn�zpires Jan,31,2C^� �, ::..y;�..e::. Page6of6 a � � � � � EXHIBIT A � 2 � � LA�`E CERTIFICATE OF SURVEY FC • MINNETONKA D � UGLAS s . INGV � IN LOT 19, LYDIARD' S PARK, . LAKE � NORTH ARM HENNEPIN COUNTY, MINNESO 7 �o� ��• ��D��n oN�t,�Y— lb s ��. 929.4 CONTOUR LINE•..._,.� ,OO /`=�� , o F t�P�At.�v El� (o F -t1-� �C�O�" /g �-p�U Lf�chJTS G}{0(�S r t�U� /O��Pe / °�� S�lAct-�- Act,.�SO �� « � � R�M oV'�A. � / _ ��-........SURVEY _ _ �' � LINE �' O /, o° � �, � o5`L C�, �o � / �6 .^ // po' ?� � op, 75' SETBACK LINE•.. /\ �`� �"�� \ Cc` � / \ � � �a S�• .r. � � ♦� }�A'J // WALL �� \ �� Qt 17�iM��/r g4 \ TJv 1��! � ''r ♦ / �'� waoo r�N+�o DECK � ///e� 1�a � »> ,�CP N�\ •�� 2 ' ��o \ � EXISTING \ s� \ A 2 �j$ 5.�.TO � °0 1� � �'`*� HOUSE ,`�.,F 10. ��•° �lGD `Y i O�. � � 1`0 � #3460 � � 3 . 'Ql� f`�0 ij '" �r� � �/ � %/ •4 'a; 46'l , M12� .� . `'� �\ EXISTING ' '/-� �. � ,,p GARAGE � � � •. ��' �'{ wu� �� , � 1ti ?j �� \ Ts e � �Q � .'�YSTONE" �� TIC � ' WFLL � \ ��L `J �� BLACKTOP DRIVEWAY � 6 � � gg� � �� p`'�Y \\ P�P��ovEp ' ° �` � o�� - � �� , cav Ew�v � EN-r�.Y �,-� � (b•�S x -1.5� `�� ''� � �S- \ � � �� -.� \ _ i�� ''!— LEGAL �DESCRIPTIpN OF PREMI�ES : All that part of Lot 19, "Lydiard' s Park", Lake Minnetonka, I..t...: ...,.1L,..�1., ..� ♦4... ....:�4.e.1.. lino nf Rir�-F� 1 nna in ��Fanlrliir