HomeMy WebLinkAboutResolution 5274 ; • -
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� CITY of ORONO
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' �� � A G'�' RESOLUTION OF THE CITY COUNCIL
� L`9kESI;�g'� NO. �� � °�' � .
�
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; A RESOLUTION GRANTING VARIANCES
� f TO MUNICIPAL ZONING CODE
� SECTION 78-330 SUBDIVISION B,
I
SECTION 78-1288 SUBDIVISION A AND SUBDIVISION B,
i � AND SECTION 78-1403
' FILE NO. 04-3065 �
i
! WHEREAS, David Marlc Hector and Bonnie Kay Bohn Hector, husband
' and wife (hereinafter "tlie applicants") are the owners of the property located at 3265
: Carman Road within the City of Orono (hereulafter the "City") and legally described as
j follows:
Lot 5,Block 1, Carman Cove, Heiuiepin County, Minnesota . �
� (hereinafter the "property"); and
i
� WHEREAS, the applicant has made application to the City of Orono for a
; variance to Orono Municipal Zoning Code Section 78-330 Subdivision B to allow a
� lakeside deck to be rebuilt at the curreiit setback within the side yard where a 0' setback
� exists and a 10' setback is required; and
i WHEREAS,the applicant has made application to tlie City of Orono for a
' variance to Oroiio Municipal Zoning Code Section 78-1288 Subdivision A and B to
; allow 6.7%hardcover witlun the 0-75' setback where 5.83% currently exists and where
, 0% is norinally allowed and 55.5%hardcover within the 75'-250' setback where 54.68%
; currently exists and 25% is normally allowed in order to rebuild and reconfigure an
I existing lake side deck; and
�
� WHEREAS,the applicant has inade application to the City of Orono for a
I variance to Orono Muiucipal Zoning Code Section 78-1403 to allow structural coverage
' in excess of 15% in conjunctioii with a rebuild of a.n existing lake side deck. �
;
' NOW, THEREFORE BE IT RESOLVED by tlie City Council of
; � Orono, Minnesota: �
FINDINGS
• 1. Tlus application was reviewed as Zoning File#04-3065.
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! Page 1 of 5
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� � 3 C ITY of ORONO
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�',� G�' � RESOLUTION OF THE CITY COUNCIL
��kESI3�g'� NO. � 2 � � .
2. The�property is located in the LR-1B, One Family Lakeshore Residential
Zoning District which requires a minimum lot area of one acre and a
minimum lot width of 140'.
� 3. The Planning Commission reviewed this application at a public hearing
held on November 15, 2004 and recommended approval of variances
based on the following findings:
a. The property contains 15,679 s.f. or 0.36 acre in area and has 95' in
width.
b. The property was granted variances in 2001 for structural coverage
and hardcover by Resolution No. 4644.
•
c. The proposed rebuild and reconfiguration of the lake side deck will not
result in a net increase in structural coverage or hardcover within the
0-75' or 75'-250' setback.zones from those levels approved in 2001.
d. The 2001 structure and hardcover removals resulted in an orientation
of the deck which did not allow for safe staging in the pool area.
4. The City Council has considered this application including the findings
and recommendation 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, a.ir 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.
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Page 2 of 5
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` �� ; � CITY of ORONO
� - . �
� RESOLUTION OF THE CITY COUNCIL
ti
� ���kEsl'i�g'�G NO. � � `��' � � � .
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 78-330 Subdivision B,
Section 78-1288 Subdivisions A and B, and Section 78-1403 to allow the reconstruction
and reorientation of the existing lake side deck, 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
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 5.83% or 412
s.f.. Hardcover in the 75-250' zone shall be limited to 4,708 s.f. or 54.68% per
� the proposed plan and hardcover allowance summary as depicted on Exhibit A.
Applicants axe 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. Applicants 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
� applicants, but are permissive only and rnust be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the vaxiance will expire on that date (January 10, 2006).
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.
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• �� 3 CITY of ORONO
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RESOLUTION OF THE CITY COUNCiL
��l ��'~ .
`9kESI3�4 NO. e� `� � � .
7. 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 agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the l Oth day of January, 2005.
ATTEST: • �
_ ,/
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� Linda S. Vee, City Clerk Barbara A. Peterson,Mayor
` ��ti� ,
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this lOth day of
January, 2005 by Baxbara A. Peterson, Mayor of the City of Orono, a Minnesota
I, municipal corporation and said.instrurrient was executed on behalf of tlie City.
N tary Pul�lic
�
_;
y,. JACKIE YoUraG �4
� NOTARY PUBI:��MfN.�ESOTA
�, � My Cortmissfon Ezpues Jan.31,2C�
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i � � C ITY of ORONO
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�'�� �G'�' RESOLUTION OF�TH�E �IT�Y COUNCIL
�kESS�g' NO. � �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ��day of
• a (�,1. , 2005 by Linda S. Vee, �City Clerk of the City of Orono, a Minnesota
, murucip 1 corporation and said instrument was executed on behalf of the City.
�
� ^
' � . RACtiEL DO�� � � �
r t�OTA�cY PUSLIC-R3i��TA �
• '� - -. �CO�����3�'� V Notary Public
�
u�' .
• -
. STATE OF MINNESOTA
COUNTY OF HENNEPIN
� �
This instrument was acknowledged before me thisl�O day of ,�,,� ,2005
by David Mark Hector, husband of Bonnie Kay Bohn Hector.
•� F. i'.l. � . .
` ''��'`� RACHEL DODGE a
NOTARY Pi18LfC-M!Pl�i�SOTA � ���� �(�Q�.�
��9y Cammisslon Expir�Jan.�i,2(}05 t' �
~��^� ` Notary Public �
_.._u .. <..;..�_.e,�.�.c�- ...���..�.�r..;�-•
STATE OF MINNESOTA
COUNTY OF HENNEPIN
� This instrument was acknowledged before me this�day of �i.n v�n , 2005
by Bonnie Kay Bohn Hector,wife of David Mark Hector.
t ' ��w- QENISE M.LESKINE�J a
� • ;,,;�:, NOTARY PUBLlC_MINNESOTA NOt3I' Public
�
%a�=' Ml'Canmission Expires Jan.31,2005 y
Page 5 of 5 � .,
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• : CERTIFICATE �F ����F�'G
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O ,� OF LOT 5, �LOCK �, ���i��
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P o� oo° HENNEPIN COU�T�9 �9��1
- — �O ro,s.�> • n�0
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� (s+�.z)
c9 .o) s EX►STING
�P ^ (9�1.9) A�o HOUSE
(953.1) B .
� l�' �9 R57.
' o �� c�lp cs.ss� �j�sse.��
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� �sr k O�/L� (938.9) �
o �� �y� �
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. (953 ) �� ry>'•' �O (935.6),,O
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. �L.� '��� * (9,�19 (9385) /�����
GMnCC FLOOR 912.1 .
� (9SI.9) �N' CLEV�9N.72 J "'(";F .
� �• •O !`A
�N o?E" � �J`�,,
u�w�oat
�"� k( 9' ElE��953.41 _4 � �
^� hKRrp.E. 2.7 'Y' � �
! �`•� EXISTING � '
p : DECJC Q (932.)J
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z • � :� HOUSE �M�O .6 (957.6) (935.8)
5 (935.5
� ,� U
.� ' O I
—:----•-••••• PROPOSED DECK �
. �.�_. /
..."' ?6� � '
... ro q •.:�/
. r..+. (93 t.6)
TO BE "-•-75' SETBACK LM1E
Aqproved Hardcover: �MO j ,
POOL m�
0-75'Total=412 s.f.or 5.83% � � o� �
Concrete pad 8 s.f. � cD
Patio/Deck 5 s.f. ti oF� I � �
Pool Deck 210 s.f. `S�3� I :�,�"„� � I
Steps 24 s.f. 2,
Walls 165 s.f. �� 20,,'� � 3 I
75'-250'=4,708 s.f.or 54.68% �b�Q co I
House 1,990 s.f.
� Driveway 1,212 s.f. �� :— I
Sidewalk 90 s.f. N
Open porches 114 s.f. ��p cv I
Patio/Deck 176 s.f. �Q � "••••g29.4 C01
Pool Deck&Pool 956 s.f. �, �\ cn I
Walis 170 s.f. '••,\ '
': �
: 1 ����--���... ����.
N .............
. �9.
LEGAL DESCRIPTION OF PREMISES : �
lot 5, Block 1, CARMAN COVE
� �� .
. � ' :;. 41.��916
_ �,� s� .
� QN�E�
� O �. O �
-� � - C ITY of ORONO
� �
. . . �
�',� G'�' RESOLUTION OF THE CITY COUNCIL
��kES�I04� � NO. � � � � . �
�
p.+
� . GS
A RESOLUTION GRANTING VARIANCES �
� TO MUNICIPAL ZONING CODE �
SECTION 78-330 SUBDIVISION B, r
SECTION 78-1288 SUBDIVISION A AND SUBDIVISION B, � .
AND SECTION 78-1403
; FILE NO. 04-3065/���b„t�/I.�_t � .
Vd
WHEREAS, David Marlc Hector aaid Boruue Kay Bolm Hector, husband •
and wife (liereinafter "the applicants") are the owiiers of the property located at 3265
Carman Road witlun the City of Oroizo (liereinafter the "City") aiid legally described as
� follows:
� Lot 5, Block 1, Carmaiz Cove, I3eiuiepui 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 78-330 Subdivision B to allow a
lakeside decic to be rebuilt at the current setback within the side yard where a 0' setback
exists and a 10' setback is required; and
. WHEREAS,the applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1288 Subdivisioii A and B to
allow 6.7%hardcover within the 0-75' setback where 5.83% currently exists and where
� 0% is norinally allowed and 55.5%hardcover within the 75'-250' setback wllere 54.68%
currently exists and 25% is normally allowed iii order to rebuild and reconfigure an
existing lake side deck; and �
WHEREAS,tlie applicaiit has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1403 to allow structural coverage
in excess of 15%iii conjLUiction with a rebuild of an existing lake side decic.
� NOW, THEREFORE BE IT RESOLVED by the City Council of..
Orono,Minnesota: � �
�
� FINDINGS
• • 1. Tlus application was reviewed as Zoning File#04-3065.
. Page 1 of 5 �
• � ,•. � .
• � .
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C ITY of ORONO
� -� ; � � � �.
, ti
ti
RESOLUTION OF THE CITY COUNCt�L
���k'ESH.�4�G NO. � � 6 � � .
�
2. The property is located in the LR-1B, One Family Lakeshore Residential
Zoning District which requires a minimum lot area of one acre and a
. minimum lot width of 140'.
3. The Planning Commission reviewed this application at a public hearing
� held on November 15, 2004 and recommended approval of variances
based on the following findings:
a. The property contains 15,679 s.f. or 0.36 acre in area and has 95' in
widtli.
b. The property was granted variances in 2001 for structural coverage
• and hardcover by Resolution No. 4644.
c. The proposed rebuild and reconfiguration of the lake side deck will not
� result in a net increase in structural coverage or hardcover within the
0-75' or 75'-250' setback,zones from those levels approved in 2001.
d. The 2001 structure and hardcover removals resulted in an orientation
of the deck which did not allow for safe staging in the pool area. �
4. The City Council has considered this application including the findings
and recorrimendation 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 conYenience 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
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- � C ITY of ORONO
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, -� : �
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RESOLUTION OF THE CITY COUNCiL
` ��`9.t� Og'�G NO. � � `� �• . _.
ESII .
� 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 78-330 Subdivision B,
Section 78-1288 Subdivisions A and B, and Section 78-1403 to allow the reconstruction
and reorientation of the existing lake side deck, 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
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 5.83% or 412
• s.f.. Hardcover in the 75-250' zone shall be limited to 4,708 s.f. or 54.68% 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. Applicants shall remove all plastic or fabric liner material from the decorative
landscape beds on tlle 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
' 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 (January 10, 2006).
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. '
• � .
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- Page 3 of 5
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- C ITY of ORONO
,� : � _
ti �
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RESOLUTION OF THE CITY COUNCI�L
� ���kESII04�G NO. � � �� � � .
�
,
� 7. The undersigned applicants have read, understand and hereby agree to the terms
� of this resolution and oii behalf of the applicants and the applicants'' heirs,
' successors and assigns, hereby agree to the recording of this resolution in the
�
i chain of title of the property.
; Adopted by the Orono City Council on the l Oth day.of January, 2005.
f
' ATTEST: �
;
� �
' l/��-
• ; Linda S. Vee, City Clerk Barbara A. Peterson,Mayor
�
' p:'�,��� :��'-- � -
, d,
� Property Owner(s)
� �
;
� �
? STATE OF MINNESOTA
' COUNTY OF HENNEPIN
E !
' The foregoing instrument was acknowledged before me on this lOth day of
} January, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of tlie City.
� �
� ,. l , �� G��
F . N��I'y PU 1C
I
�
` JACKIE YOUNG
NOTARY PUBLfC-M;�\�SOTA^
' � .�r MY Commission ExpGes Jan.31�L�iliS
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� � Page4of5
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- � CITY of ORONO
,� ; , �,
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; �'�� �p'y' RESOLUTION OF THE CITY�COUNCIL
�
�kEs�I�4 NO. � � °� .
�
i
{ �
i �
�
STATE OF MINNESOTA
' COUNTY OF HENNEPIN
i
i The foregoing instrument was acknowledged before me on this l�day of
' C�'�_tlu-�, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
' ' mumcipal corporation and said instrument was executed on behalf of the City.
I . r-� �I ����
!�� , RACHEL DODG` �'� C���`'e'�` ,L/l��`"
4 ,,'��',+, �
� .,,; �orn�Yausu�-����o�A Notary Public
, � .�`°�.�," Nty ^Ca�fmissionExpi�elJa.�.:,1,.'�;r:i�� •
� ��.�—..�-. -..�...�s. .
• ;
;
' STATE OF MINNESOTA
COUNTY OF HENNEPIN
; This instrument was acknowledged before me this df��day of � , 2005
j by David Mark Hector,husband of Bonnie Kay Bohn Hector.
�
�
j . . � �
! ��:'`�a RACHEL DODG� ��, �---��'�--'t�D�-Q��... �L���
i t:? � NOTARY PUBLfC-MIN�:SOTA
' ��; • ,� hiy�arutiission E�cpires Jan.3i,�oos : Notary Public �
i ��'����: Y.
r
; STATE OF MINNESOTA
f COUNTY OF HENNEPIN
�
� This instrument was acknowledged before me this ,�day of ,,Fr , 2005
� by Bonnie Kay Bohn Hector,wife of David Mark Hector.
4
� � y
� 3 x DENISE M.LESKWEN
� .:�
• NOTARY PUBLIC-MINNESOTA �
� • ;�� �qy�ion Expires Jan.31.2005
,
Notary Public
�
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� Page 5 of 5 . � ..
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, . CERTIFICATE �� �����E
' � � �� �.'��_��i
c9• � �
: :,: OF LOT 5, �LOC� �, ��I�G�
,,
� .-. P� o� o00��9,�.� � HENNEPIN COU�T�s ��9��I
, � /'�.O I4�9.�) � �{.,V .
C` � ��J
Y �/
\ � (9�1.2)
t� t9 A) s EXISTING
�Q� ; `� �s.,s� A�o HOUSE
1 (953.1�, ^ ��� R$ti
� � �� C�J'0 (915.SI 0,(9]D.1I
$ L�
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, � ���al"y, O�l/'� �9SE.9) `-
� Y( �9� 9�t.71 � .
$ (9 .
. (95J ) �� e��� ,�9 J�o \. (935.6)��O
� w 0. � .4� (9}asl �2 0� .
�s�ia)�
6y 912.ti.`•,
� (952.4) � �N' CLEV 9�1.72� � ...I..f .
• k � , o ft
�-N �N I '�.
�� w.w v�oat
+. ^ M,�jtR�a'E' .7 7� ELEV.951s1 _D � (
17 �3� / r
' in`:t EXISTING oE� p � . ,,,2,, '
� o :
� Z • n HOUSE �E(y�Qo 6 �9(9j�,5 (935A)
ry U5 �
� °`---••••.•.. o � PROPOSED DECK
�.�......, �
. .......` asa �+ �:
.�o �s �S tS�
, • �•-_ �9s�.�,
To BE '°••75' SETBACK LINE
REMOVE ,
Aparoved Hardcover: w
0-75'Total=412 s.f.or 5.83% � POOL � o�
Concrete pad 8 s.f. � co
Patio/Deck 5 s.f. ti ae I • � �
Pool Deck 210 s.f. `S�o� �' I �
Steps 24 s.f. �. '���'���� � I
Walls 165 s.f. � 2p,�'• � � I
75'-250'=4,708 s.f.or 54.68% ��V Q�' �' co I
House 1,990 s.f. � �J
� Driveway 1,212 s.f.
Sidewalk 90 s.f. N
Open porches 114 s.f. � �8p N I
Patio/Deck 176 s.f. �Q � ••••••gZg.4 Col
Pool Deck&Pool 956 s.f. �� \ cn I
Walls 170 s.f.
� • •
; I
} � ........
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�
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{ .
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; .
LEGAL DESCRIPTION OF PREMISES : �
Lot 5, Block 1, CARMAN COVE
� .� .. � .
��1;�0916 �- • ' � .
"� � � `�v
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C�z 0 ' � °' ,
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ATTORNEYS AT LAW
� 333 South Seventh Street
. ' June 17, 2009 s��te 2oao
, ����I��� Minneapolis,MN 55402-2431
i
' JUIY { � 612-333-3434
; Mr. William Wells � $ 2��.�
+ City Administrator 612-334-8888(fax)
(;�TM QF'��0�� www•hinshawlaw.com
City of Orono
, Orono Village Hall
, 2750 Kelley Parkway '
Crystal Bay, N1N 55323
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� Re: Recorded Documents
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� Dear Mr. Wells: �
, Before your time, my firm had represented the City of Orono in various matters. In that �
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regard, I am enclosing the following documents that I recently received back from the Hennepin
; County Taxpayer Services Department,which were recorded back in 2005:
• �
� 1. Original Resolution No. 5274; and
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� 2. Copy of a Discharge of Notice of Lis Pendens and accompanying papers
, regarding fee owners Troy D. Anderson and Catherine A. Anderson's property. °
' Should you have any questions, please feel free to contact me.
_ Very truly yours,
! HINSHAW ULBERTSON LLP
� �
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. � Gc,.��
;•� Thomas J. Radi
612-334-2653 �
� tradio@hinshawlaw.com
� TJR:jbm
; Enclosure
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� i21239843v1 7048395 ADMINISTRA
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