The URL can be used to link to this page

Home My WebLink AboutResolution 5136 . � � , � O� . O � O - � C ITY of ORONO � -- - . � ti �'�� G'�' � RESOLUTION OF THE CIjY�C��CIL �k'Esi��g' NO. � A RESOLUTION GRANTING VARIANCES . TO MUNICIPAL ZONING CODE SECTION 78-350 (S), 78-282 AND 78-1288 FILE NO. 03-2962 WHEREAS, Robert E. Switz and Josephine L. Switz, husband and wife, are the owners of the property located at 1740 Shadywood Road, (hereinafter "the ,� applicants") within the City of Orono (hereinafter the "City") and legally described as follows: Lots 14 & 15, Shadywood, Hennepin County, Minnesota (hereinafter the"property"); and • WHEREAS, the applicants have inade application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-282, and 78- 1288 to allow construction of a new residence on an existing lot where the lot area is 0.47 acres when 0.50 acres is normally required and 38.6% hardcover in the 75'-250' zone is proposed when 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#03-2962. 2. The property is located in the LR — 1 C zoning district, which requires minimum lot sizes of 0.50 acres. The applicants' lot is 0.47 acres in size. 3. The Planning Commission reviewed this application at public hearings held on November 17, 2003 and January 20, 2004 with City Council review on February 9, 2004 and March 8, 2004 at which fime approval was granted for lot area and hardcover variances on a vote of 3-2 based on the following findings: • a. The lot is sub-standard in area at 0.47 acres when 0.50 acres is . normally required. Page 1 of 6 • , 1 � . � O� • O O �� C ITY of ORONO � ,� -- , � , ti �',�� G'�' � RESOLUTION OF THE CITY CO�U�NCIL `�k'ES�I�g' NO. � � b. The lot as it exists is more shallow than deep. An optimum shaped lot of the same acreage would be allowed 3609 s.f. of hardcover in the 75'-250' zone,which amounts to 32% for the applicants' lot. c. Due to the lot's frontage on Shadywood Road, additional drive-way is required for the purpose of safe egress and parking. d. Due to the shape of the lot, nearly half of the lot is in the 0-75' zone. Therefore, because the lzouse is near the 15% lot coverage limit the resulting structure itself accounts for more than 25% of the 75'-250' zone. e. An extra-ordinary amount of hardcover is being removed from the 0- • 75' zone amounting to 2050 s.f or 22.3%of that zone. • 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 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 diff'iculty; 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 variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-282, and 78- 1288 to allow construction of a new residence, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and Sannotated by City staff, attached to this Resolution as Exhibit A. Any � Page 2 of 6 . • ; � � O� . • O �, O . � CITY of ORONO ,� -- ;- � ti ti RESOLUTION OF THE CITY COUNCIL �'�9 4�'G NO. .� � �' � kESI3� amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. All hardcover in the 0-75' zone shall be removed and not allowed above 0%. Hardcover in the 75'-250' zone shall be limited to 4,409 s.f. or 38.6%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 reductions 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, including all structure and hardcover in the 0-75' zone and the shed located in the northwestern corner of the lot, shall be completed by footing inspection for the new residence. 5. Authorities granted by this resohrtion 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 22, 2005). 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 autoinatically 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"� day of March, 2004. • Page 3 of 6 � O� � Q O �� CITY of ORONO 3 � � . , � ti RESOLUTION OF THE CITY COUNCIL ��`9kESI30g'�G NO. � � � � ATTEST: �u�.v - U�-� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � �1_ , rope ty Owiier(s) • • . Page 4 of 6 � o� � • � �. ° 1 CITY of ORONO � ,: ; � ti ti RESOLUTION OF THE CITY COUNCIL G ��`9k'ESII�g'� . NO. �� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �4� 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. , _��'� c� i(RIS3't 8.AnlD�RSO{� Not P blic �y N�Tf�RY PUBLiC-tJ;i�;VE:S:�TH y A4y Cor�t►osion F�cpires Ja:,.3�,?007 • STATE OF MINNESOTA ' COUNTY OF HENNEPIN �� The foregoing instrument was acknowledged before me on thi _ day of �c�,, 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. Q ��...�--�- r��-�° s ��°'��. RACHEL DODGE ��' -'" � Notary Public �! '•-'��` NOTARY PUBLIC-MINNESOTA �.�-',.� MY Cornmisslori ExPkes Jan.31,2005 �: .� • Page 5 of 6 • � . . ' � O _V � O O �� C ITY of ORONO � . � � ti �� G'�' . RESOLUTION OF THE CITY COUNCIL �`9kESI304� NO. R 1 @ !SS State of Minnesota ) ) ss. County of Hennepin ) � " This instrument was acknowledged before me this��day of <� I� , 2004 by Robert E. Switz,husband of Josephine L. Switz. �Y ,�t�� RACHELDODGE ,; � �v�-C� ";k^.�'`: �fpTARYPUBLIC-MINNESOTA :� Notary Public �yy Comrt�ssion Expires Jan.31,2Q05 ;. �. ..� =-�'y'��. ' . State of Minnesota ) � ) ss. County of Hennepin ) This instrument was aclaiowledged before me this 2/ day of r' , 2004 by Josephine L. Switz, wife of Robert E. Switz. DENISE M.LESKINEN �tornFt�rPUeuc-MINNESOTA Notary Public " ;.�� My CorrMrdssbn Exphes Jan.31,2005 • Page 6 of 6 a i 1< `� �♦ � � � � QOS9'OY'�3tl 7ll3tlMOHV7'Y W1YU! � ' t+2ld N303 3AI2�0 Of101� �JNIAI� Ot�fi9 N��S.30 OOOM.�NOl S � yl�,�,,��is �1 .�SM�„� � .3�N.30/S�b� Zl/Ni S �.��,5�„o��A,��m�� orn ww�u�dns i�aw ur vwr+n w�n A �o�Can�nS a�la.rep.re,� •g Xua.r,� r�ae svM x3nazs uu trHi asiu�ae�� P�°, � ,c�r��ns 1iw��d �H�oH doad �o�� 6�� Nra�in� S1Yd £ooz �SZ l�0 3l�0 �e £0£OOZ roN l��oaa o w �H'OH '/1321 ti0/S l/L `° z ¢ ' � • I— z o z wo � ¢ o a > � � �' � � � w A � Z ° � � � TpNK � � _ � � y N N M�NN 1OI��IO � � � p� O N ,'�z, z � N ° AKE w`E 92$'1 ,',%% � °° � 0 w �— G�'``v A1 -�� ,� � ¢ N N N W a o . � SH�R 929� °'�—�— � , _�M w NW i ��— �' � v�allo � a a a ' �' � � i�— 1 :��-•'� � Q o � � ��i� �. • �� ,ri r I � � �� U� � / � 'I�j '� c� � c1` ��i, Z Or- (/') ,6�, � .'�d � Pa� t �+,, J� ��p p�i� � tl � . x = _=�,�i�f�� i� b 7 �� F-.�fn`"� �_=�_ I+o, � �_ �^.id�O W —�- =='J �''� 11�`^� • `r �'� � �tr �1tVi�r�p� r�-=-- WOD— I �� • � i+ 1 10JNd¢ 1 � T t�---_—,-__ _ `� __ _ r�,,t o�b� /-0 ` �^a � P� , .__ � ! '� r� � �' —-./� , �� ' i i �� f � �,.-r� �. � � ;�.. � ��,� � � ��°' � u�'i� �'°'+�: i � ' � �� - - .. I ��N�Y � �� `� _/ w � M ^�� u�il�� Br"" � v� �� I� 1 OU'E � �� ! � � 1 ��nA'0��`�� +' � � = O � j � ` p J � 1� ��_� D� H ' a _-��' -"-� �J y � ��- i �' � y�_ �� se —� �� S � � ' � _� 1NH� _ —} — —�1 �'�o• � - — - ¢ .� � o � �`�rn ; � 1' ��.o)x ' ^� I ��a � �m N { � T 14. �° I a� J h i.. vi`'i N v�'"i N ui''., � SP O�a� 9�32.5 IN. , �� ,•, N a' o 0 0 0 0 ?uwi i I C jyj'� `� � � � I �' bl co°� ��"��c°� F.� S ¢ � � o� n A p p II x� f; �! I f �`G ' �, O ¢ . ' �j I� w w . �� , s,,� �P OS �S � =937.8 � � ..I i Q �� N��o� � � e�� GFE=937.5 �. lu�nv�g�ago tt-�yI� - - �2i �� csa9x.t '`� � �� pw^om ~ f�'-z' _ -� �P �a }_' o� � . O i O�N I i— ��°�+a'.p � •`�� 9. m .9 � '15� �• /' $ �,�. � " ^ .9 / o �g.� 4F� o �f' � � . � � .. � �, � 3 � N c� �e • Fs �'�' �. �+,: ,r � �' �¢ �`"�"4. �o u r g � �� ,��' I� � y��, �. � �I 'rr I �°�� `�� :"�I >_ °�°g r rrc V'' �t� �•. � �� U�,c M ��O � � ' a,l � '°r � �ti � I v� 1 1 N p n� 1 c+. I� �'�(b� t� ! a�a y p. p J N � P w i0r� � (�s� !Sm a�. p�>�� C� 1 �'N 1 N O F-¢ Ov�' �r Q i , � '� �� r� � a z N 3 � � ^'�f�� .i�' o. N � �� tp Il � CV aD i, ��' j'n °�t X v � r � m o ^ r.-'.%� : tL ta.ti. 4-tL • �� i+ � 1.1iKFE�r� m.122' �' V7 V7NNN�(� '�� AO'��r�Ti'�'„_� N ��m�� m '� � �r�� pA� r N^��M'�C .. fN ,3 $ p R .— a 6Y � � �] '�' ^P 8`j C� �O 0 II W N N p N J N __- �>�a 5 Ap ��¢ Z� . � +xor �¢o '�� wxtn3o�i-- • � p