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Home My WebLink About05-3138 Recorded ResolutionIll II 111111111111111 Doc No 8652984 09/14/2005 09:42 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Re<:;order Deputy 7 TranslD 138$63 Fees $35.50 DOC $10.50 SUR $2.00COPY $48.00 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 310 ARESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 and 78-1403 FILE NO. 05-3138 WHEREAS, Sandra A. Benson, a _ single person (hereinafter "the applicant") is the owner of the property located at 13 7 6 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feet southwesterly from the most northerly meander comer thereof to a point in the southeasterly line of said Lot distant' 66.5 feet southwesterly from the most easterly meander corner thereof, Baldur Park, Hennepin 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 78-1288(A) to allow 32.9% hardcover where 0% is normally allowed and 32.6% currently exists within the 0 -75' zone and a lake setback variance for structure closer than 75' to the lake; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (B) to allow 29.5% hardcover where 25% is normally allowed and 31.4% currently exists within the 75' - 250' zone;and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 for 21 % structural coverage where 15% is allowed and 21.5% currently exists in order to construct an attached garage to the existing home. · NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Ml'.'.l+"n l 0,~,:.·d c 1 .••. \.-d~ .... 4.•?;,,•·t ·~-1;)\., FINDINGS 1. This application was reviewed as_ Zoning File 05-3138. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 3 7 ({) 2. The property is located in the LR-1 C, One Family Lakeshore Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and on a vote of 6 -1 recommended approval of variances based on the following findings: a. The applicant's property has 12,726 s.f. or 0.29 acre in area and 100' of width at the north shoreline and 56' of width at the northern 75' setback. b. No additional land is available for acquisition by the applicant to make the property conforming in area or width. c. The applicant is proposing to remove an existing detached garage and construct a slightly smaller attached garage with living space above; no additional living space is proposed within the substandard setbacks. d. Due to the hardcover levels and location of the home any additions or alterations to the house and detached garage require variances. e. There is no available land to purchase to make the property conforming. f. The applicant is proposing to remove portions of nonconforming hardcover in conjunction with setback variance approvals. g. The applicant is proposing to reorient the existing driveway on site to allow for parking on the property rather than on the neighboring property and within the easement. The existing layout of the site, and the existing easement providing driveway access to the neighboring properties, are hardships that support the proposed variances. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. --------------.. Page2of5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 S 7 0 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 prope1iy; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 Subdivisions A and B and Section 78-1403 to allow structure closer to the lake than 75'; 32.9% hardcover where 0% is normally allowed and 32.6% currently exists within the 0 -75' zone; 29.5% hardcover where 25% is normally allowed and 31.4% currently exists within the 75' - 250' zone; and 21 % structural coverage where 15% is allowed and 21.5% currently exists in order to construct an attached garage to the existing home, 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 3,492 s.f. or 32.9%. Hardcover in the 75-250' zone shall be limited to 624 s.f. or 29.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is 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. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. IS 7 0 4. Required removals of structure and hardcover shall be completed prior to the footing inspection for the new garage. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building pennit for the· new construction within one year of the date of Council approval, or the variance will expire on that date (August 8, 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicants and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title . . of the property. :.:·. ··.t~V }f--! /I. ·;','foilf;;\,VAdoptedby the Orono City Council on the 8th day of August 2005 . . . ; 'if: :;)Mi1;/{t{\h i1r )11 ti . , .. ,. ,,,, Al!''tJtEST\; '"{, :i,.\ ,?J J:', i 1,·· ·• .. /;f }iit{f {{;~J~:;, l ( l , , , ·\ " .,, r .. . ,.?Jji: .. ,1 4 ''., ¼ i.::-,:, ·1}:0·1;\'(\ y (', 1/) ,Le,,, / :J.,.\ '/;,;:•::-:. I ••' ', ' ,/ /!/ ' . ;,,. .. , \" 1 , .1m a1,8.,~{e i401:ty Clerk Barbara A. Peterson, Mayor ) -:~{i}ll~ '\\-~ ~ Property O\vner Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 18, 0 C!A- The foregoing instrument was acknowledged before me on this.?' · day of -G"-✓( , 2005 by Barbara A. Peterson, Ma_:yol\ of the City of Orono, a Minnesota mu icipal corporation and said instrument was ·exed,uted on behalf of the City. /' .' STATE OF MINNESOTA COUNTY OF HENNEPIN JACQUELYN M. V UNG i Notary Purilic-Mlnnesota My Commis$ion Expires Jan 31, 2010 \N\11.J\.~'V'v\J',N-,'••V•NYVVVvVVVVv'tNVVV' ) The foregoing instru!llent was acknowledged before me on this lli_f-'a.ay of /4--v~, 2005 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. RACHEL DODGE NOTARY PUBLIC -MINNE(:,OTA My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2'2--day of IA-t),3uR , 2005 by Sandra A Benson, a single person. , -1· DENISE M. LESKINEN NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2010 !) L Notary Public Page 5 of5 / / / / / / X932,4 / / X93l.7 X9l1.G X932.Z X932.t XPl2,2 xs.11.s ---929.4---- \ \ .kf f fl.GYGI) ~yaz_ 0-7S 1 :; ?2, 1 1/o IY a, 42/lsf 75'-7!50'-;;.. zq. t:;t>/c"r ti:, 2-t/ sf \ Z.I %, « 2-1 bKS sF sfrvcfvY""'I C4Y.-;:rietf:}JV '-RETAINING WAL!. ORDINARY HIGH WATtR COt4 GRAVEL ROAD