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Home My WebLink About#05-3106 Recorded Resolution 532711111 II 1111111111111 Doc No 8633148 08/12/2005 01 :12 PM Certified filed and or recorded on above date : Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 131476 Deputy 55 \. Fees i_ $15.00 DOC :, 1 $4.50 SUR ·. $1.00 COPY \ $20 .50 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL 1$11 NO. __ .......,;;;"--"~-- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1403 AND SECTION 78-1288 SUBDIVISION B FILE NO. 05-3106 WHEREAS, Bradley J. McDonnell and Cynthia S. McDonnell, husband and wife (hereinafter "the applicants") are the owners of the property located at 1420 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 10,' Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants initially made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow a structural coverage variance to construct a 168 s.f. covered entry porch; the applicants subsequently revised their request based on Planning Commission recommendation to allow no more than 1,797 s.f. structure when 1,500 s.f. is normally allowed and where 1,717 s.f. of structure currently exist in order to construct an 80 s.f. covered porch entry; and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow an 80 s.f. covered entry porch to be constructed within the 75'-250' zone to replace an existing 76 s.f. grade-level deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3106. 2. The property is located in the LR-1 C, One Family Lakeshore Residential Zoning District which requires a minimum lot area of ½ acre and a minimum lot width of 100'. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 327 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of the structural coverage and hardcover variances based on the following findings: a. The applicants' property has 9,580 s.f. or 0.22 acre in area and 50' of width at the shore and 50' of width at the 75' setback. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. There is no available land for acquisition by the applicants to make the structural coverage level conforming. d. The applicants are proposing to add a covered entry porch within the allowed setbacks; no additional living space is proposed. e. Due to the hardcover levels and square footage of structure on the applicants' property any structural additions to the house and/or detached garage or hardcover changes require variances. f. The applicants' are proposing to remove portions of driveway hardcover in conjunction with structural coverage and hardcover variance approvals. g. The lack of a covered entry porch is to some extent a hardship due to the detached garage and the configuration of the house having no overhangs above the main entry. 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 Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 3 2 7 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 78-1403 to allow structural coverage 1,797 s.f. structure when 1,500 s.f. is normally allowed and where 1,717 s.f. of structure currently exist in order to construct an 80 s.f. covered porch entry, and a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A and B to hardcover within the 0-75' zone up to 210 s.f. or 5.5% where 0% is normally allowed and 5.6% or 212 s.f. currently exists and hardcover within the 75'-250' zone up to 2,668 s.f. or 45.9 % where 25% is normally allowed and 2,914 s.f. or 50.2% currently exists 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 confonnity 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 5.5% or 210 s.f. Hardcover in the 75-250' zone shall be limited to 2,668 s.f. or 45.9% 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 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 hardcover shall be completed by the framing inspection. 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 within one year of the date of Council approval, or the variance will expire on that date (May 23, 2006). Page 3 of 5 CITY of ORONO RESOLUTION OFT NO. _________ _.;::,.___ 6. Violation of or non-compliance with any of the terms and conditions o_f 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 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. ' ,,.'•~ ··~t ;,. /)dopted by the Orono City Council on the 23 rd day of May, 2005. ~·. STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23 rd day of May, 2005, Barbara A. Peterson, Mayor of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City . RACHEL DODGE ~J NOTARY PUBLIC -MINNESOTA ~ My Commission Expires Jan . 31, 2010 Page 4 of 5 ·• 'h .. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5,X'(. 82 7 _...,,//./1,,- The foregoing instrument was acknowledged before me on this ,:,?'1/_ day of (/LA ,?.....,L-/ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota muni6ipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public ;;gf l... This instrument was acknowledged before me this_ day of Yl/l~;. , 2005 by Bradley J. McDonnell , husband of Cynthia S. McDonnell. · fl RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 20 10 ST ATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this Af~ay of ~ by Cynthia S. McDonnell , wife of Bradley J. McDonnell. BARBARA G. SILUS NOTAR Y PU BUC -MINNESO71\ My Commission Expire~ kn. 31 , 2i){)8 Page 5 of 5 , 2005 ' ' CERTIFICATE OF SURVEY FOR BRADLEY J. McDONNELLr9J LAKE MINNETONKA OF LOT 1, BLOCK 10, BALDUR PARK. 0 --v NORTH ARM HENNEPIN COUNTY, MINNESOTA (9J0,6) EXISTING s 8 7022' 20 11 -~-21 -4- SURVEY'/ LINE 929.4 .. -CONTOUR . LINE Lot ·1, Block 10, BALDUR PARK NOTE: Accuracy of hardcover loco tion, o : denotes iron marker and extent of oddi-· · -. (908.3) .: denotes existing spot elevation, mean sea level datum tionol hardcover· is .. ::-.-:i; Beci,;ngs shown ace based upon no nssumed datum. :;:;;;d,~(.:.:;.;f;d:id~~ This survey shows the boundaries of the above described property, the location of on existing house and garage, and the location of a\l visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. I hereby certify \hat this survey was prepared by me or under my direct supervision, and that I am a duly. registered Civil Engineer and Land Surveyor under the laws of the Slate of Minnesota. SCALE 1"=20' DATE 3-16-05