HomeMy WebLinkAboutResolution 5090 ^� .
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• �� � CITY of ORONO
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RESOLUTION .OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES ,
TO MITNICIPAL ZONING CODE
SECTIONS 78-330 (B), 78-282,AND 78-1288 (B)
FILE NO. 03-2943
WHEREAS, Robert Labalt and Janet Labalt, husband and wife, �
(hereinafter "the applicants") are the owners of the property located at 3202 North Shore
� Drive within the City of Orono (hereinafter the "City") and legally described as follows:
That part of the West 573 feet of the East 115.05 feet of Government Lot 1,
Section 8, Township 117 North, Range 23 West of the 5�' Principal Meridian,
lying North of County Road No. �1 and lying southerly of a line running West at
right angels from a point in the East line of said 57.3 feet distant 165 feet north of
the North line of said road.
(hereinafter the "property"); and
• WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Sections 78-330 (b), 78-282, and 78-1288
(b) in order to construct an attached tuck under garage with 2 stories of living space
above on the walk-out side of the home attached to the existing one story walk-out home.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS .
1. This application was revie�yed as Zoning File #03-2943.
2. . The property is located in the LR— 1B One Family Lakeshore Residential
district, which requires a minimum lot area of 1 acre. The applicant's
property is 0.223 acres in size. �
3. The Planning Commission reviewed this application at a public hearing
held on September 15, 2003 and recommended denial. The application
was heard by the City Council on October 27, 2003 and was tabled to
allow-ed redesign in accordance with the Planning Commission's
recommendations.
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4. The applicants have submitted a revised plan for which the City Council
finds that the hardcover and side setback variances for the redesigned
proposal aze supported by the follo���ing findings:
a. The applicant's property is 0.223 acres in size located in a one acre
zoning district. The redesigned proposal makes efficient use of the
limiteci lot area.
b. The shared driveway arranjement causes excess hardcover that
wouldn't be required should the property only be accessed by the
applicant.
c. The location of the existing home limits locations for expansions.
5. The City Council has considered this application including the findings
� and recommendation of the Plannin� Commission, reports by City staff,
• comments by the applicants and the public, and the effect of the proposed
variance on the health, saferi�and�i-elfare of the community.
6. The City Council fmds that the conditions existing on this property aze
peculiar to it and do not apply generally to other property in this zoning
district; that granting the variance would not adversely affect tr�c
� 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 variances to Orono Municipal Zonin� Code Sections 78-330 (b), 78-282, and 78-
1288 (b) in order to construct an attached tuck under garage with 2 stories of living space
above on the walk-out side of the home attached to the existing one story walk-out home
subject to the following conditions:
1. Council approval is based on the site plan and building plans submitted by the
• applicants and annotated by City staff, attached to this Resolution as Exhibit A.
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RESOLUTION OF THE CITY COUNCI�
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Any amendments to the site plan which aze not in conformity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 75-250' zone shall be limited to 800 s.f. or 25% and hardcover
in the 250-500' zone shall be limited to 2858 s.f. or 47% per the proposed plan
and hardcover allowance summary as depicted on Exhibit A. The 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 appro�ed without concurrent reduction in existing
hazdcover. �
3. Required removals of hardcover shall be completed by the footing inspection for
the new garage. The existing detached gazage structure may remain until
construction of the new garage is complete, however a Certificate of Occupancy
will not be issued for the work until the detached garaae is demolished. .
• 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(December 8, 2004).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zonin� 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 recordin� of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the 8�h day of December, 2003.
ATTEST:
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Lind . Vee, City C rk Barbara A. Peterson, Mayor
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• Property Owner s)
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�',� � G'�' � RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this �day of .
���, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument�vas executed on behalf of the City.
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�.� �` cr.—�� a,.,�w n a
Notary Public
• STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this I�'�� day of
�.e ce.,• , 2003 by Linda S. Vee, Ciri- Clerk of the City of Orono, a �i.innesota
municipal corporation and said instrument was executed on behalf of the City.
� � RACHEL DODGE �, � p�Q
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S° _, • NOTARY PUBLIC-MINN[:,OTA
��.�.
,°� _ � Nly Commissian Exp(res Jan.31,2oos , Notary Public
�C�,_M.��E.�n_
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RESOLUTION OF THE CITY COUNCiL
���kES�IOg'�G NO. � � g �
State of Minnesota )
) ss.
County of Hennepin )
200� .
This instrument was acknowledged before me this /�day of
by Robert Labalt,husband of Janet Labalt.
DENISE M.LESKINEN ,
�Fp7/�Ry pUBLfC•MIN►V�SOTA
pryy�qnnisa(on Expkea Jen.31,2005 NOtary Pub1iC
State of Minnesota ) � � �
• ) ss.
County of Hennepin )
�
This instrument was acknowledged before me this� � day of �t'l , 200�
by Janet Labalt,wife of Robert Labalt.
`,�:"� . RACHE vl�.C�-� �� ���G���SZ---
';l•,°��. L DODGE
� .':-,, NOTARY Pl16LIC-MINNE�OTA ;t, NOtai'�/PUbI1C �
; ....'. N;y�ommis,sion ExpUes Jan.3 i,20Q.i �'°
':'.�::.�--:'.::=.�:�
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.��-.--� EXHIBIT A
� ,...... EAST 57.30 ........,, I 5 0 � o
CERTIFICATE OF SURVEY FOR �
�O '"2i : ENCROACHPIG CRAVE� ,p��� B 0 B L A B A T T .
'; OUTSIDE OF 10'
' a' : �sE►�t �;��•.... f
. 70 BE Rp.IOVED . —
�''�" IN GOV' T LOT 1
�` . , SEC. 8 117-23
'; �NNEPIN COUNTY, MINNESOTA
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...,a,., • ,y� b9os.f. oF P��►i�BI,E .
D�.tYEWAY�Of�lEN7�cTtON
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,o� oRN�AY .. N : ro S� D�TE �N ED P�Y
o�oc�. r�io".r2ii+�e2 •..... � ': P�PPL1 G�kIVT�((, O F 9 0 5�. .
EASTERLY LWE OF � b
O GRAVEI � �- ���T �aT ,. . �fio P�E REMOvED�
SEC. B-117-23 � •
. : ••...
... ............... ...... •
°Nr'° �E:... ' o �RO NtE
..�� u��N "E � (15' x 2y� N�R�D�vER 7�-Z5o .
r-
I t o s.f. - tc�,arc.}c o�p,�r,,
.. . . ........... ........ ...........:.113.05•
5� ........................... b90 s.f.-dr;vcway
sET- 3 = PR��os�fl Soo s.�.-3zoo=25%
� z ~ R�Itla�l
oF �, � o (30' x 2�'1 �
S St.] J I
� EXISTING > I
` ��to BE
a ~ HOUSE " � �
Z �azo2 REMov Ep �
313 :� ; I
COMG ••••• • .
S70NE 80(iOER � .
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�NCROACMPIfi CkAVtL•:, �
oursae oF io� �. �o
u15EMENT AREA
TO BE REMOVED � /
ORtCWAL IOCATION OF , •;;,,,n.+s /
OR 0 N0. SP1E,OF ;•'� / �IP�RDLOV�R 25D��f O��
�' '13o s.f.-GZ�sain Y►�aos�
`� "�� '� ' `120 5�.—Add i}�'�(30'xL4�
/ 6`L�3�2p1 �� 250 5.�.�Ler+cvott o,{�rar�
,.�i�� ��•....i.......L� R�2 O . ��JE 39 s�.- �„u,•�tc wa.�ls
,��•'�. � o ,�, 5'I � � �� / 32 s.4.—ybnc ba-d�,-s
� D��� � • �� •SNQ� /��w 10�6-�5�'.-flhoarcd driv�wo�y
�Q NO��N , . �.� ' 2858 s-t.-:bo25= 47q
LEGAL DESCRIPTION OF PREMISES .:
Tha; port of the West 57.3 feet of the East 115.05 feet of Goverm�ent
Lot 1 , Section 8, Township 117 North, Range 23 West of the 5th Principal '°
Meridian, lying North of County Road No. 51 and lying southerly of o ~
line running West at right angles frcm a point in the East line of
saic 57.3 feet distant 165 feet north of the North line of said road.
o: denotes iron rrcrker set �
. denotes iron rt-,orker found
Becrings shown ore bosed upon an assu�ned datun.
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This survey intends to show the boundaries of the obove described property, �`. •�.
the �ocation of an existing house and garage, the location •of oll visible � `�
"herecover" and the proposed location of o proposed addition thereon. It
does not purport to show an other i "' ��
� Y mprovements or encroocM�ents. .�--.�, -;�
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i��y�ury ubt u,��� .� y �,�, � ��
r a��a e ��� �K��- sc�
GRONBERG & ASSOCIAT�S,INC. �ma u+�t i�,a my�����c�a�Fe:r ad lad 4iveya uda 1"=20' ' �,..
'pp��p�{��qRyE���� tha bws of !he State oI Mimesota o�rE a'1��O
445 R Nll01i Ct�YE LLNC Ut�Yi 5�156 � 6-16-03 ,Yd�'
957-17ut(t .��� �.�.�!-.� JoB uo.