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Home My WebLink About#2990 Recorded Resolution 514011111111 111111111111 ' Doc No 8347626 05/10/2 004 01 :31 PM Certified filed and or record e.d on above date: Office of the County Recorder Hennepin County, M innesota Michael H. Cunn iff , County Recorder Deputy 45 Trans l[) 27837 Fees $15 .00 DOC $5.00 SUR $10.00 NS $1.00 COPY $31 .00 Total ,.. l ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 Ji 4 ij 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 applicants have made application to thy City of Orono for 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-lC Single Family Zoning District, which requires a minimum lot area of 21,780 s.f. (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: Metro Legal Services Inc. Page 1 of 5 Box 491 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 I 4 o a. No additional land is available for acquisition by the applicantss to make the property confo1ming in area or width. b. The prope11y 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 constmcted on the property meeting all setbacks and requiring only a hardcover variance. d. Because the prope11y is less than 10,000 s.f. in area it is allowed a 1,500 s.f. stmctural footprint absent other factors. Constrnction 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 prope11y 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 prope11y; 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. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 514 0 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 n01mally 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 fmiher 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 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 penneability 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 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. li 4 Q permit 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 tenninate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understood and hereby agree to the tem1s 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 prope1iy. ,.,· __ ,; ::>.::-Aciopted by the Orono City Council on the 22 nd day of March, 2004 . ,;•<<·;?Bii1diP$:;v.~e ,.Cfr y Cierk ·•:l:l~1\f i1litf i;:(;;:·· ;:,:. Prope1iy Owner(s) ST ATE OF MINNESOTA COUNTY OF HENNEPIN ~~ Barbara A Peterson, Mayor - The foregoing instrument was acknowledged before me on this ~J'l~ay of {Y)llt, ~ , 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. l.Joot (J- Notary Public d Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 ll 40 cl The foregoing instrument was acknowledged before me on this ::)3 ,. day of (VJCLr ◊t.-, 2004 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. ; .?~w~..:;:.;aa s:: a: e e 2: a a e: sea~ ~'l /"':~-;\ RACHEL DODGE \ :~; ' . j NOTAR Y PUBLIC-MINN C OTA ~ ~~ ·: -~ My Commission Expires Jan. 31 , 20 05 Hi ~..=---..a•~i; 2ee: 2; :aae?B<?.c:e-,,, · NotaryPublic State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 21\c:L day of /)pr I I by fc;cfr1c/c.. ~' husband of Loring Kaveney. ' BARBARA G. SILUS NOTARY PUBLIC -MINN l::30 Tll My Commission Expires Jan. 31 , 20 08 State of Minnesota ) ) ss. County of Hennepin ) D /3-1<:d ii\ , 2004 This instrument was acknowledged before me this _2_ day of &~ '-, 2004 by kn-r /'('M-<-t"'7 , wife of Patrick Kaveney. Page 5 of 5 EXHIBIT A 11 Lj 0 LAK.I:: Mll. fETONKA ~·-=- NORTH ARM ~ ,,,, ... ---~, ~ ,.,-"''• . __ ., 929.4 CONTOUR LINE-•,,,. • . ~-• ;: :::.:::..:-::::=---=~----,--:::-;:·~·· ~=; l"\~,,,t ,., .. \ -:----+, 9:z, O' 0,1.a ,.,, .. ,/ •. CERTIFICATE OF SURVEY FOR------~ \'\ f/a°:,,;f:>' ... \ PATRICK KA VENEY ~ .. J~;~i\)f· I OF LOT 4, BLOCK 1, BALDUR PARK /' :, ~~\SURVEY ' HENNEPIN COUNTY, MINNESOTA / ,tCJ' ¢{1NE . PROPOSED ELEVATIONS: 1) Gan;1ge = '!32.,'r. ·. 2) Top of -foundot ion = 't'J2,,9 3) Basement = IV<> a:r,..,,., ,n,1t1 .,,.; r;,U,O(j Lot 4, Block ~. BALDUR PARK 0 : denotes iron m:irker (908.3); denotes existing spot ~= denotes proposed spot I elevot(on, mean elevation, mean --917---: den.ates existing contour fine, eon sea \ ~ seo level datum sea I eve I datum I eve I datum Bearings shown ore b'osed upon on asst.med dotun. f'~tJl'Olf'P f"lt.,1' r°d'IVC(: ----. · EXISTING House: •~t.7) This survey fntends to snow the bounda(ies of the above described property, and -the proposed location of a proposed house thereon. It does not purport to show onv other im;irovements or ehcroochments. $ G~ONBERG & ASSOC[!TES, INC. coru.oo ooms, L»O !l.R'n:t'~ &rt l'J.IHRi ~ IU'U.OW ~ L® tm:, Ill 55.15S cco 95H7HHI . 04-022 SCALE 1"-20' I hereby certify that llis wvey WIJS prep<red by me rt imer my di-eel ~er- visioo, a.d \hol I om a &J.y registered Civi E~r tnd Lood :;Jtveyor under the lows of lhe Stole of Minnesolo. t--~O:!::"A~TE=----t Mork S. Gronber MiMesola License Number 12755 1-27-04 2•/G•O .1•.f•O JOB NO, 04-022