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Home My WebLink AboutResolution 5293 .. ,, � ' , �� 4 �� .: O� �;`j , � O ,>. O �a s=- C ITY of ORONO _ ,� -�� - � �� '��.` ' G~' RESOLUTION OF THE CITY COUNCIL ,i.� L�kES8�4� N0. � � � `�' � � �,. CI' C. A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 78-1279 AND 78-1288 FILE NO. OS-3075 WHEREAS, Mitch Olson and Kim Olson, husband and wife (hereinafter "the applicants") are the owners of the property located at 3275 Carman Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 6, Block 1, CARMAN COVE, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to allow construction of a three car garage and reconstruction of the most lakeward exterior wall of the home requiring a hardcover variance for the 0-75' zone to allow 1.92% hardcover when 3.45% currently exists and 0% is normally allowed, a hardcover variance for the 75'-250' zone to permit 30.73% hardcover when 32.88% currently exists and 25% is normally allowed, a lake setback variance to permit the most lakeward wall to continue at a 68' setback when 75' is normally required, and an average lakeshore setback variance as the property sits on a point where the home is located fiirther from the lake than the neighbaring homes but encroaches past the defined average setback line. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3075. 2. The property is located in the LR — 1B, Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and March 21, 2005 and recommended approval of the variances based on the following findings: Page 1 of 6 ' . � O� O O � �� CITY of ORONO � -.. � � ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ � � � � `�kESH.O� NO. a. No increase in hardcover in either the 0-75' or 75'-250' zone results with the proposed improvements. b. A net reduction of 502 s.f. in the 0-75' zone results with the revised proposal. c. A net reduction of 286 s.f. in the 75'-250' zone results with the revised proposal. d. The most lakeward wall, setback 68' when 75' is required, is being rebuilt due to rot and will be located in the same location thus not encroaching any further on the required 75' setback. e. The property is situated on a point where almost the entire lot is lakeward of the defined average lakeshore setback line but where the orientation of the existing residences arrd proposed addition will have no new impacts on lake views enjoyed by neighboring property owners. 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 variances 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 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 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 6 �. � o,�,. _ � 0 0 CITY of ORONO � :-. � ti �� p~' RESOWTION OF TH�C�Tx C�UNCIL `9kE8�I��' NO. �� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to allow construction of a three car garage and reconstruction of the most lakeward exterior wall of the home requiring a hardcover variance for the 0-75' zone to allow 1.92% hardcover when 3.45% currently exists and 0%is normally allowed, a hardcover variance for the 75'-250' zone to permit 30.73% hardcover when 32.88% currently exists and 25% is normally allowed, a lake setback variance to permit the most lakeward wall to continue at a 68' setback when 75' is normally required, and lastly an average lakeshore setback variance as the property sits on a point where the home is located further to the lake than the neighboring homes, 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 632 s.f. or 1.92%. Hardcover in the 75-250' zone shall be limited to 4,078 s.f. or 30.73%per the proposed plan and hardcover allowance sumrnary 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 the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by footing inspection for the proposed garage addition. 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 variances will expire on that date (March 28, 2006). Page 3 of 6 . � � °� 0 0 '�� CITY of ORONO �a: - � � � :a�`� ti RESOLUTION OF THE CITY COUNCIL ��kESI3�g'�� NO. � �� 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 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 28t�' day of March, 2005. � :'TJ ��h�i��P.�'��'i C��..,, . �y� j�G�'�`tr'#,"Ni« �,'.."�'�,''-, +4 t 1 ' �— S � 4 f i : "\ ti�°t ��? Y ��-S� � '�" . t�r`" '��'y �1a�C�Y >��ri+i''�' � /,�• � _.� ...... � / �,f � r � � w�� r��1�y',� L'/.c — . . � , • .. / %(. .. / J. w.._�-�;;, � � .� vr . , <,. , . � `�"�; c�a S V�;}City Clerk Barbara A. Peterson, Mayor ;�. � �; ,.�' �"'��N�-,:s, i,� �'\ � ,. �� -- ' ' �� L;� _ � L�,��,�V�� 'l�'�,�.�`�� ; . , r��f ..� � � 1 roperty Owner(s) � Page4of6 ' . � O� O O '�� - C ITY of ORONO �a � :�� ti RESOLUTION OF THE CITY COUNCIL �L�kESI30�'�G NO. � � � e� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before ine on this �8 day of n�- �, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Miiulesota municipal corporation and said instrument was executed on behalf of the City. :-�_;� KRiSTI B.�1ND�r�S�N �A � � _ ��n�,.��..�_ '��} r�orARvaus�ic-MiNN�sa�a • NotaryPublic ~'�'-�a A�ty Commission Expires Jan.31,20(17 '""r.�°-'' ,��-�,+�-,_,. �u��.�� STATE OF MINNESOTA COUNTY OF HENNEPIN . ;-r�_: � The foregoing instrument was acknowledged before me on this' day of � '`; i� ,t��,. 2005 by Linda S. Vee, City Clerk of the City of Orono, a Miruzesota � municipal corporation and said instrument was executed on behalf of the City. , r ; , , _ � � . . t r. c.� ._ �._�. � L�_� t <:...___. RACHEL DODGE Notary Public ` NOTARY PUBLIC-MINNESOTA 1�y Commission Expires Jan.31,2010 Page 5 of 6 . O . � �' O � � C ITY of ORONO � .: � ti ti RESOLUTtON OF THE CITY COUNCIL ��`9kE3II�4�G N O. S � � � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 1�l day of � , 2005 by Mitch Olson, husband of Kim Olson. -, � DENISE M. LESKINEN � � ' NOTARY PUBLIC-MINNESOTA �f . �f�� :;;,�' My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�D day of ,��G%�, , 2005 by Kim Olson, wife of Mitch Olson. � � �� , DENISE M. LESKINEN ` ` ' °f` �' , s` NOTARY PUBLIC-MINNESOTA `:;;,:.� My Commission Expires Jan.31,2010 �°.--.u_. .�_ Notary Public Page 6 of 6 • r ♦ � � i � �� ` � � � � • \ ! ,� ' � � �� , ,� ti � / �\� .�� 'i �. t' � , e � � , /`✓�'�Os. 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