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Home My WebLink AboutResolution 5140 E � • f ' • r � � Doc No 8347626 05/10/2004 01:31 PM Certified filed and or recorded on above date: ��r�� OfFice of the County Recorder b Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 45 TranslD 27837 Fees . $15.00 DOC $5.00 SUR $10.00 NS $1.00 COPY $31.00 Total L � O� O O '�� CITY of ORONO `'� �� :a`"� �' � RESOLUTION OF THE CITY COUNCIL ti ��`9kESYi�g'�G NO. S 1 � ��3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282, 78-350 SUBDIVISION B, AND SECTION 78-1288 SUBDIVISION B FILE NO. 04-2990 WHEREAS, Patrick Kaveney & Loring Kaveney, husband and wife (hereinafter "the applicants") are the owners of the property located at 1444 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 4, Block 1, Baldur Park, Hennepin County, Minnesota - (hereinafter the "property"); and WHEREAS, the applica�its have made application to the City of Orono far a variance to Orono Municipal Zoning Code Section 78-282 and 78-1288 to allow hardcover within the 75'-250' setback zone of 44.98% or 2,330 s.f, where 25% is normally allowed; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 Subdivision B to allow a lot width of 47' where 100' is normally required and a lot area of 8,600 s.f. where 21,780 s.f. is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2990. 2. The property is located in the LR-1C Single Family Zoning District, which requires a minimum lot area of 21,780 s.£ (1/2 acre) and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on March 15, 2004 and recommended approval of variances based on the following findings: c��r� �.�Mt�a; ��{��J ��. �� Page 1 of 5 ��( L�.�1 � � �� 0 0 ° C ITY of ORONO ,� ;� � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kEsH.o�`' No. .� g 4 n -o-- a. No additional land is available for acquisition by the applicantss to make the property conforming in area or width. b. The property is served with municipal sewer. A single family residence has existed on the property for many years. , c. A new single family residence can be constructed on the property meeting all setbacks and requiring only a hardcover variance. d. Because the property is less than 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of a 1,500 s.f. home accounts for 29% of hardcover within the 75'-250' - setback zone. e. The applicants have proposed minimal driveway, walk, and deck in order to limit the magnitude of the hardcover excesses. f. The size of the proposed residence and magnitude of hardcover variance is consistent with other approved development in the neighborhood. 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, 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. Page2of5 � � �� 0 0 � CITY of ORONO � :.. � ti ti RESOLUTION OF THE CITY COUNCI L ��`9X'Es�I�g'�G NO. � 1 5� '� 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 78-282 and 78-1288 and 78- 350 Subdivision B to allow construction of a new single family residence and hardcover within the 75'-250' zone of 2,330 s.f. or 44.98% where 25% is normally allowed 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 0%. Hardcover in the 75-250' zone shall be limited to 2,330 s.f. or 44.98% 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 iiot 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 before the footing inspection. 5. The lowest floor of the house shall be established no lower than the Regulatory Flood Protection Elevation of 932.5' MSL. 6. Prior to building permit issuance, the applicants shall supply sufficient site elevations and grading and drainage information to satisfy the City Engineer that there will be no encroachment or filling of the floodplain and that all drainage shall be handled so far as to not cause drainage problems for this residence or the neighborhood. 7. 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 Page 3 of 5 � � °� o , o � � - CITY of OROND ��a � � �'',� `�s/` G�' RESOLUTION OF THE CITY COUNCIL L�kESI3�4'� NO. 'Jr � � � pern�it for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 22, 2005). 8. Violation of or non-compliance with any of the tenns 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. 9. The undersigned applicants have read, understood and hereby agree to the ternls of this resolution and on behalf of the applicants and the applicants' heirs, successars 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 22"d day of March, 2004. ��.�'�''t"EST:.��.� ,, ,� , : ;-� � ., i{ ,.r � ;/ �� ; �� -�`� </ . t`' �� ,i � ��i .�i[.-yZ��c� ✓C'-�- , � � Liiida S. Vee, City Clerk Barbara A. Peterson, Mayor _ _. ,�--�� - � ,. , - �, --- Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN l;�/ The foregoing instniment was acknowledged before me on this�� day of , 1 }C.l '�< �� , 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,_ � � /,1�- r_,�� .—. Notary Public Page4of5 � � �� 0 0 ' � - CITY of ORONO a� `. r� "> '- '9'� ,� :s��,: ,�ti RESOLUTION OF THE CITY COUNCIL ��`9kESfI�g'�� NO. � � � � STATE OF MTNNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ;�=�� day of f� �� - , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. -- . .._ �> ; ,� �� RACHEL DODGE � , � ; k NOTARY PUBLIC-MINNE'OTA t � ' i� , ;= /' . � / % � ,"-�-�-� �� .� My ComrNssion ExpMes Jan.3 t,2GC� .` �; , -.-. Notary Public ��.::. ._.:..;-,� . State of Miiuzesota ) ) ss. County of Heiulepin ) This instnunent was acknowledged before me this 2��day of �pr/ / , 2004 by f>�r�e,� k�,v�►�jj, husband of Loring Kaveney. BARBARA G. SILUS . -+ a NOTARY PU3lIC-M P ��T,^, '`` My Commission Expire� ' � .;1,;.;,08 �� Notary Public State of Minnesota ) ) ss. County of�in ) D/�-f�e rI� This instrument was aclalowledged before me this 7 day of �n, �-- , 2004 by �� k��,�•,, , wife of Patrick Kaveney. ��r�,��+,vs�.�„r�n*�r�s�s::.w �wrr�:��m... .,q;;<. , Notary P llc #� �i � �:, � LFRnY F.GASS �=� �� ,��.� � PdJ7ARYPIIq11C hM;N�ES�7TA �� s My Comm�s��en E�pires,i;.,r �^;75� .rs+:r3�a� ,.ip. a .. .,�t-axe-at+'4�-� Page 5 of 5 A � �, � 0 " w �-`� ' . . • � LAK� MI� TETONKA � . �� . NORTH ARM ,f,-� ' 929.4 CONTOUR LJNE�, � ' �'� � - --- �.. „ , p,0}�•�,:,% \ CERTfFICATE OF SURVEY FOR� ""�.' 9°�o�j"- EXHIBIT A '�N 6 �9�� PATRICK KAVENEYf, ..�r��- ; OF LOT 4, BLOCK 1, BALDUR PARK !'' �,, ,y��SURVEY HENNEPIN COUNTY, MINNESOTA j �'� lNE f , . � / . � � � / cs3,a) r�ororf. • (9]I ) / '4t.� 1 /u� t7icr fFivcE a]i h f ie . H�777yG �� . / ��3 i S � `: '� � . O• ' SE ^ S'�.�,, � cy � . ' :: /5 • , (ri�al 47 • ��. .�/ "``'.�„ .. � 93�d) �.� _ � 1.1C ` � � pi.� PROPOSED ELEVATIONS : l . ��=�� ' �S�ENG 'Q' �.. 1) Garqge = 932.9 , , . • �u • $�I r,�,;.''•' . . � .� 3 2) Top of �foundation = 932.� DO e • • . 3) Basanent = No e'rMr, y �de a• � � , ' r�.�s.�c�e�o6 . � PROPOS�D ,�.� M ..I • � . M. � ^ a� � � �� , ;� . � � . � Z' � HOUSE!� � '� �1444 � .• �� !A .�1 � � � : . .. �r ��.. l : � � � � � �, Il ,��Y ,s,�> � . � � . �;.., r y � • k � � C �' , � • �„ �, i N �0�4�_�y . �,� :..•�u1, --- � �,z,� n� 6p.Op.... '�ar LEGAL DESCRIPTION OF PREMiSES : �� Lot 4, Block 1,, BALDUR PARK _ o : denotes iron morker , � (9oa3): denotes exisEing spot elevation, mean sea level datum g[,_itLB�'; denotes proposed spot elevation, mean sea level datum __9t7---: denotes existing contour line, ecn sea level datum • Bearings shown are b'ased upon an cssuned datum. This survey Fntends to stiow the boundaries of the above described property, ' and �the proposed Iocotion of a proposed house thereon. It does not purport to show anv other i rov�nents or encroachments. I hc�hy artify tlid Ors auvay rms aeparad b�me ar uder my dral aqrr- ScuE GBONBEBG� ASSOCIA'1'&S,INC. ��ma u,�i�o a�y�«�.a cs��,a�a,a s�y«� �„-20� ��a� the brre of Ihn State af 16nnaota D�tE 1— 7-04 445 FL M'l1CM OWVE IfNG UJ�,I!l 56�6 z-.-0 3-r-o /��s�_ aoe ra. � 9Yl�73-�4141 �S Granb Afuneaota Lia'nsa Number 12755 04-022 04-022