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Home My WebLink About04-3043 Recorded ResolutionI ! l..J•_," CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 2 $ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 SUBDIVISION B AND SECTION 78-1279 SUBDIVISION 6 AND DENYING AV ARIAN CE TO SECTION • 1 (' ..-· 11 h.,. 78-1288 SUBDIVISION B FILE NO. 04-3043 l -... WHEREAS, John Charles Holm and Susan Marie Kerber, husband and wife (hereinafter "the applicants") are the owners of the property located at 1485 Bay Ridge Road within the City of Orono (hereinafter the "City") and legally desc1ibed as follows : Tracts F and M, Registered Land Survey No. 192, Subject to easement for County Road No. 15, He1mepin County, Mi1mesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow a garage addition to be constructed l O' from the side lot line where a 30' setback is nonnally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow an existing deck to be reconstructed within the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow a garage addition to be constructed and an existing deck to be rebuilt resulting in hardcover within the 75' -250' setback of 5,448 s.f. or 27% where 26% currently exists and 25% is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 2 3 FINDINGS 1. This application was reviewed as Zoning File #04-3043. 2. The property is located in the LR-lA, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of200'. 3. The Planning Commission reviewed this application at a public hearing held on August 16 , 2004 and recommended approval of side setback and average setback variances but denial of the hardcover variance based on the following findings: a. The property is 33,300 s.f. or 0.76 acre in area and has 112' -104' in width. b . No additional land is available for acquisition by the applicants to make the property confon11ing in area or width. c. The property is served with municipal sewer. d. The property is similar in size to many of the existing developed lots in this neighborhood . e. The average setback variance will have no impact on lake views enjoyed by the neighboring property owners . f. The side setback variance will allow construction of an . attached garage at a 1 O' setback where a 9 .9'setback currently exists and will have no negative impacts on the open space or character of the neighborhood. g. The applicants' request for a hardcover variance in order to increase the hardcover within 7 5' of the OHWL should be denied as there is no hardship to support the variance . h. The applicants have indicated an ability and willingness to reduce hardcover in the 75' -250' zone down to the 25% allowed level. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 2 ~ 4. The City Council has considered this application including the findings and recommendation of the Pla1ming Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed va1iance 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 prope1iy 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 prope1iy 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 78-305 Subdivision B to allow a side setback of 1 O' where 30' is nonnally required for the construction of a new attached garage and a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow an existing deck to be reconstructed within the average lakeshore setback, and denies a variance to Municipal Zoning Code Section 78-1288 for hardcover in excess of the allowed 25% in the 75' -250' zone subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and aimotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confom1ity 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 59% or 4,280 s.f. (C.S.A.H. 15). Hardcover in the 75-250' zone shall be limited to 4,908.5 s.f. or 25% 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. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 2 3 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their pern1eability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, but are pennissive 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 (August 23, 2005). 6. Violation of or non-compliance with any of the tern1s 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. 7. The undersigned applicants have read, understood 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 . .. ;:qj.;:r {i. ,'ii. \ Adopted by the Orono City Council on the 23'' day of August, 2004. · -,,~J., /1): :1AT!-ESD 1Jt%~rl jt · E§~ Ft~~t~~~:-1 • J. vJJL: t.~::-:·i ··,Lmtla S>-:V~e, City Clerk ili~r:_11r ~(:: •/{ :r p ii:y Owner(s) Barbara A. Peterson, Mayor \_k,1._ fl(. ti~ Page 4 of 6 ST A TE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 5_2 _2_~-- J SI- ( ?ll'#fYt\:)Qll The foregoing instrument was acknowledged before me on this ~ day of ~~gust, 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 . . ,,,,..,,,,. .... !3:~~2ea a nnaus v,~ ~---... \ RACHEL DODGE r NOTARY PUBLIC· MI NN'.:'SOTA '. My Com mission Expires Jan. 31, 2005 ) ST A TE OF MINNESOTA COUNTY OF HENNEPIN Notary Public . S+- The foregoing instrument was acknowledged before me on this j_ day of 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public . ref c. This instrument was acknowledged before me this ~ day of J p(.e 1,,1,,b2-)2004 by John Charles Holm, husband of Susan Marie Kerber. ' Not~ry Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 2 ~ This instrument was acknowledged before me this~ day o/::>k_ ()Lemt£, _QQ4 by Susan Marie Kerber, wife of John Charles Holm. ' ~e;ag : /'-: : : 2 e.:: .... ::C:2<.c. ~ , RACHEL DODG E NOT.<\RYPUBLIC -t•·• ... -, My Commissior. Expi:c Notary Public Page 6 of 6 wooa,~h)N·-->i~ ~J.?21. 0 -·· I Drive --- 8.22-- 51'07 " E ·"'<i- . Jff) ~ (%.St) -JS '::J · 8 Q b'f, ~ig .: -~~--'\l\'tPJ\j:O ~· . ( . y: ~ ~ Q) § .· G::·' re:, ~ ........ 28,4 C\j o::i * u 'l) c:i ""' /~/ " / Block Ret, Wa ll ~ I 1.59 • Foun d 1/2" __ / I I I I I ~~.>o!-W ,osz~5~/ / I I v·rta ORD IN 1l\RY HIG,H V f' ~ u, '"1 ~ (J) 0 ((: ---~,q ,,..--115 .. • .. -, ~·~J 4029915 N 0 ~ ( D4~Db ~ OFFICE OF THE REGISTRAR JO' ~ OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON OCT 1 5 2004 ,~~ FTITLES Y ~ DEPUTY /..- l \/~ ~~H/1