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Home My WebLink About11-3520 Expired ResolutionS H 02 � C ITY OF ORONO RESOLUTION OE THE CITY COUNCIL NO. 64 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78=1288 FILE NO. 11-3520 WHEREAS, Christian Thomas Johnson and Beth Ann Johnson, a married couple (hereinafter "the Applicants") are the owners of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as All of Lot 20 and that part of Lot 21, Block 1 Baldur Park, described as follows: Beginning on the meander line a the northeasterly corner of said Lot 21; thence northwesterly on said line a distance of 50 feet to the northwesterly corner of said Lot 21; thence southwesterly on the northwesterly line of said Lot 21 a distance of 23 feet; thence southeasterly to a point on the southeasterly line of said Lot 21, 66.5 feet southwesterly from said northerly corner; thence northeasterly on said southeasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (PIN 08-117-23-31-0005) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1700 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property; and WHEREAS, the approvals currently requested for the proposed plan are identical to the plan approved for the Property via Resolution No. 6074 which expired on September 12, 2013; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 18, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Page 1 of 5 RESOLUTION OF THE CITY COUNCIL No. 04 31 FINDINGS 1. This application was reviewed under the original application number ZoninFile 11-3520. g 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2014 and recommended approval of hardcover variances based on the following findings: a. The Property contains 11,971 s.f. (0.27 acre) in area and has 60 feet in width at the southwest OHWL and 1004eet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicants' proposal will orient their driveway directly from Baldur Park Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the northwest. The Applicants have provided a plan required for driveways and sidewalks. which meets the minimum hardcover Page 2 of 5 ��el Qo) SHE RESOLUTION OE THE CITY COUNCIL NO. �1 j. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. 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 practical 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 variance to Orono Municipal Zoning Code Section 78-1288 and 78-1700 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Council approval is based on the survey 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 shall not increase above the existing and approved levels as follows: 1,210 s.f. of hardcover (32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f, of hardcover (53%) within the 75'- 250' zone. Hardcover shall not exceed above 42.5% (5,066 s.f.) of the total Property area; hardcover within 754eet of the OHWL shall not exceed above 3,824 square feet. 3. Applicants shall remove all plastic liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. Page 3 of 5 q �\ \FSH� C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 64 �1 4. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. 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 and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 25, 2015), 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. 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 25 day of August, 2014. ATTEST: Rachel Dodge, City Clerk Property Owner Lili Tod McMillan, Mayor Property Owner Page4of5 q �\ RESOLUTION OF THE CITY COUNCIL No. 64 31 kEs'H o STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _day of Christian Thomas Johnson, husband of Beth Ann Johnson. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _day of Beth Ann Johnson, wife of Christian Thomas Johnson. Notary Public 2014, by 2014, by Page 5 of 5 j� OW770" t I /�i T A CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" HENNEPIN COUNTY, MINNESOTA � \ 00 \\oo\ � 0, \\oo\ 1o7 ar Zj / N'•. / o ',w'ioT sre O / REFORMED 12' DRIVEWAY-;--- ----- EASEMENT PER DOC, NO. / 2518347, NO LONGER VALID ,yp / PER COURT FILE NO, 27-CV / 07-23042 DATED 4-12-09 j \ tx� LEGAL DESCRIPTION OF PREMISES � All of Lot Twenty (20) and that part of Lot Twenty One (21), Block One (1), Baldur Pork, described as follows: Beginning on the Meander Tine at the North— ', easterly corner of said Lot Twenty One (21); thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to a point on the Southeasterly line of said Lot Twenty One (21), 66.5 feet Southwesterly from said Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. o denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum 910.8 denotes proposed spot elevation, mean sea level datum — -917- -: denotes existing contour line, mean sea level datum —: denotes proposed contour line, mean sea level datum Bearings shown are based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house, garage, deck and driveway, the location of all existing "hardcover", and the proposed location of a proposed driveway thereon. It does not purport to show any other improvicements or encroachments. z 1 1 oEac 1 of 1 f� NAL N BLAIXTIX' (lYP) (uxn \v h 1 EMTNu GARAGE 3p. RED ^^rE °o°°"p' GRONBERG AND CONSULTING ENGINEERS. LAND SURVEYORS. &SITE PLANNERS 445 NORTH WILLOW DRIVE LONG LAKE. LVt 55356 1-172A ,r r LAKE SEP 0 Z 201 t CITY OF ORONO Iv1INNETONKA NORTH ARM 929.4 . CONTOLR LINE WAMEER LNE AS �Y\6� ;'OF SAL" PARK r a` lot 2211 E 0 r � off" iorL� �)00 oEa 0 6�XISTINGr HOUSE A.vv 11376 4. a ya -t � mv� COSTING I ��: —20 0 20 40 60 S C A L E I N F E E T I hN'ebY t lilyr that lltis survey ros prePDred by SwL uMu � d al sWerrulan and Ihol � dJy • ,,,�2D• registaered Civi Engo eer and Land Svveyor uMer the brs 1 lha Stale 1 1.Gmasola. DATE 7� �y 6-27-11 Mok S CroMerD 1-172A Mircwsola License er 12755