HomeMy WebLinkAboutResolution 5078 - Abstract & Torrens CITY of ORONO
p RESOLUTION OF THE CITY COUNCIL
L`9$ESgOg�
NO. 5
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZO\SIG CODE
SECTIONS 78-282, 78-305 (B), 78-1288 (B)
FILE NO. 03-2917
WHEREAS, Winfield R. Stephens III and Nancy Stephens, husband and
wife, (hereinafter "the applicants") are the ow-ners of the property located at 350
Crestview Avenue within the City of Orono (hereinafter the "City") and legally described
as follows:
Lot 6, 7, and 8, and that part of Lot 5, Block 6 BAYSIDE ADDITION TO LAKE
MINNETONKA, lying south of the north 40 feet thereof.
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Section 78-282, 78-305 (B), and 78-1288
(B) to allow construction of a new residence on a property that is 0.455 acres in size
when 2 acres is normally required and for the structure to be setback 30' from the front
property line when 50' is required, 10' from the side property line when 30' is required
and, 30' from the rear property line when 50' is required and also to allow 45%
hardcover in the 75-250' zone when 25% is normally allowed.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#03-2917.
2. The property is located in the LR- 1 A, One Family Lakeshore Residential
Zoning District, which requires a minimum lot size of 2 acres. The
subject property is 0.455 acres in sizl-.
3. The Planning Commission reviewed this application at a public hearing
held on August 18, 2003 and No;-ember 17, 2003 and recommended
Metro Legal Services Inc.
Page 1 of 6 BOX 491
0 0
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
`q$ESg0gNO. s Q 7
approval of the lot area, setback and hardcover variances based on the
following findings:
a. The subject property is 0.455 acres in size when the zoning district
requires 2 acres. Also, the adjacent neighborhood in which the
property is located has many lots under the required 2 acres.
b. The setbacks of the existing home are non-conforming.
c. A reasonably sized home could not be placed on the lot without
setback variances.
d. Over half of the property is unbi ildable due to the 75' required creek
setback.
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.
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, 78-305 (B), and 78-
1288 (B)to allow construction of a new residence on a property that is 0.455 acres in size
when 2 acres is normally required and for the structure to be setback 30' from the front
property line when 50' is required, 10' from the side property line when 30' is required
and, 30' from the rear property line when 50' is required and also to allow 45%
Page 2 of 6
0 0
CITY of ORONO
�� G~ RESOLUTION OF THE CITY COUNCIL
�`9kESH0 NO. % U 7 8
hardcover in the 75-250' zone when 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 75-250' zone shall not increase above the approved 45%.
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.
4. 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 variance will expire on that date (November 24, 2004).
5. 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.
6. 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.
Page 3 of 6
o � o
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
`�kESx0g NO. 5078
Adopted by the Orono City Council on the 24th day of November, 2003.
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Asa ° �iR���� r J��p�/�_♦--
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rice; City Clerk Barbara A_ Peterson, Mayor
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Property Owne s) �r
Page 4 of 6
0 0
CITY of ORONO
G RESOLUTION OF THE CITY COUNCIL
L`9$ESH04� NO. 5 0 7 `r
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this A day of
Njer%.r. , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
ALISSA A.WINTERNHEIMER
NOTARY PUBLIC-MINNESOTA
My Commission Expiras Jan.31,2006
�• ^ .1
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this Y", day of
2003 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 PUBUC-MiNNE,OTA
nissim Expires Jan.31,270:
��`� Notary Public
Page 5 of 6
0 0
CITY of ORONO
�� Q~ RESOLUTION OF THE CITY COUNCIL
Sx0 NO. 5078
State of Minnesota )
SS.
County of Hennepin )
This instrument was acknowledsed before me this day of i , 2003
by Winfield R. Stephens III, husband of Nancy Stephens.
DENISE M.LESKINEid
NOTARY PUBLIC' IN nE31O 2005 Notary Public
My Commisslcn Exp
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this day of b &'hLei', 2003
by Nancy Stephens, wife of Winfield R. Stephens III.
'^ =Expi�res
N; uNTA Notary Public
My 2005
Paze 6 of 6
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CITY of ORONO =
RESOLUTION OF THE CITY COUNCIL
L`9jiESgOg� NO. Q 7 8 "
.;a
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-282, 78-305 (B), 78-1288 (B)
FILE NO. 03-2917
WHEREAS, Winfield R. Stephens III and Nancy Stephens, husband and
wife, (hereinafter "the applicants") are the owners of the property located at 350
Crestview Avenue within the City of Orono (hereinafter the "City") and legally described
as follows:
N
Lot 6, 7, and 8/and that part of Lot 5. lock 6 BAYSIDE ADDITION TO LAKE
MINNETONKAf/'lying south of the north 40 feet thereof.
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Section 78-282, 78-305 (B), and 78-1288
(B) to allow construction of a new residence on a property that is 0.455 acres in size
when 2 acres is normally required and for the structure to be setback 30' from the front
property line when 50' is required, 10' from the side property line when 30' is required
and, 30' from the rear property line when 50' is required and also to allow 45%
I. xdcover in the 75-250' zone 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#03-2917.
2. The property is located in the LR— IA, One Family Lakeshore Residential
Zoning District, which requires a minimum lot size of 2 acres. The
subject property is 0.455 acres in size.
3. The Planning Commission reviewed this application at a public hearing
held on August 18, 2003 and November 17, 2003 and recommended
Metro legal Services Inc.
Page 1 of 6 Box 491
O
0
CITY of ORONO
;iii.....
RESOLUTION OF THE CITY COUNCIL
` kesao4NO. 5 O 7R
approval of the lot area, setback and hardcover variances based on the
following findings:
a. The subject property is 0.455 acres in size when the zoning district
requires 2 acres. Also, the adjacent neighborhood in which the
property is located has many lots under the required 2 acres.
b. The setbacks of the existing home are non-conforming.
c. A reasonably sized home could not be placed on the lot without
setback variances.
d. Over half of the property is unbuildable due to the 75' required creek
setback.
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.
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, 78-305 (B), and 78-
1288 (B) to allow construction of a new residence on a property that is 0.455 acres in size
when 2 acres is normally required and for the structure to be setback 30' from the front
property line when 50' is required, 10' from the side property line when 30' is required
and, 30' from the rear property line when 50' is required and also to allow 45%
Page 2 of 6
� O 'V
O O
ti
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`gkESao NO. 5078
hardcover in the 75-250' zone when 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 75-250' zone shall not increase above the approved 45%.
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.
4. 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 variance will expire on that date(November 24, 2004).
5. 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.
6. 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.
Page 3 of 6
O
0 , O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
S804� NO. 0 !Z
Adopted by the Orono City Council on the 24`h day of November, 2003.
r
FES 1,
w
" i4da flee; City Clerk Barbara A. Peterson, Mayor
4�
Property wner(s)
Page 4 of 6
� O ' V
O O
CITY of ORONO
�0 RESOLUTION OF THE CITY COUNCIL
`q$ESg0g NO. 5078
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
Qem-r 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
:NOTARY
SSA A.WINTERNHEIIER
PUBLIC-MINNESOTACommission Ex;fres Jan.31,2006
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this e day of
" 1 f), 2003 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.
RACHELDODGE ,
NOTARY PUBLIC-MINN_"OTA
My Commission Expires Jan.31,2005 Notary Public
a ...>-
Page 5 of 6
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`9$ESg0g NO. 5078
State of Minnesota )
ss.
County of Hennepin )
This instrument was acknowledged before me this J_day of 1 ea ,,r , 2003
by Winfield R. Stephens III, husband of Nancy Stephens.
DENISE M. LESKINEN f
3:' A
NOTARY PUBLIC•MIMES=
�:
My Cammbebr►Expi;,:�Jen.31,rocs Notary Public
State of Minnesota )
ss.
County of Hennepin )
This instrument was acknowledged before me this day of ice;�.�c�^ , 2003
by Nancy Stephens, wife of Winfield R. Stephens III.
;7
" 1
DENISE M.LESKINEN ,
NOTARY PUBLIC-MINNESOTA
M,1 _; irss Jin.3'i,��^5 Notary Public
cm^ %;R
Page 6 of 6
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OFFICE OF THE REGISTRAR o-;�TrL
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