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Home My WebLink AboutResolution 4831 \ L_ � � , . P � O� , O � O �� - � CITY of ORONU ,� , � , ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESIIOg' NO. �. � � � '� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56; SECTION 10.56, SUBDIVISION 16 (L); , AND SECTION 10.03, SUBDIVISION 15 (F� FILE NO. 02-2769 WHEREAS, Mark Palm and Pamela Palm, (hereinafter "the applicants") are owners of the property located at 1447 Park Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 8, Block 15, Saga Hill Revised Hennepin County Minnesota (hereinafter "the property"); and - �' WHEREAS, the applicants revised the application and submitted a new site plan on July 17, 2002 requesting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 3,435 s.f. (34.1%) hardcover in the 75-250' lakeshore setback where 4,537 s.f. (45.1%) exists and 2,512.5 s.f. (25%) is allowed; to permit 1,447 s.f. (45.86%) hardcover in the 250-500' lakeshore setback where 1,705 s.f. (54%) exists and 946.5 s.f. (30%) is allowed, and variances to Section 10.03, Subdivision 15 (F) to permit a 5' setback where 10' is required for construction of a new 22' X 34' detached garage to replace an existing detached garage; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 20, 2002 and was continued to June, 17, 2002 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS 1. ' This application was reviewed as Zoning File#02-2769. �� Page 1 of 6 y d i • /---- � O� '� O O ��b. - CITY of ORONO � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL � ��SHOg'� � NO. +� � 3 �: 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: ' A. The lot was platted prior to current zoning standards. B. This property does have a number of factors to consider that make , construction of a new garage that conforms in location difficult. The , topography of the lot does not make placing a new garage on the property that has an adequate turning radius and provides proper drainage. A side loading garage will leave a relatively flat area to maneuver vehicles and ; allow drainage from the street to bypass the buildings and house. � C. , The total distance between the new garage and the existing retaining wall will ; � . � be 22'. A garage meeting the required setback would only leave 17' which ! is not adequate for safe backing of vehicles. D. A garage with direct access to the street would require fill to be brought in to raise the ground elevation and create a flat approach in front of the garage. ; It would not be feasible to have the driveway continue to slope down to the � , garage as winter conditions may cause a vehicle to slide into the building. i Additionally,the driveway design needs to be done to ensure that any water ! would be diverted away from the building. i � E. According to Hennepin County plat maps and the survey submitted with the � application,there is a portion of Forest Lane(undeveloped)located between � this property and the lakeshore. It is assumed that this portion of Forest Lane ' will be combined with the applicant's property at some time in the future. It has served as the lakeshore access for this lot.Other lots in the neighborhood , have had Forest Lane vacated and a few lots have combined that portion of property with the residential site. For current zoning purposes, this lot is ' being considered a lakeshore lot for setback purposes even though the legal description and property records do not include the vacated portion of the road. This is an important distinction for this property because a non- , •� lakeshore lot would not permit an accessory building to be located closer to Ithe street than the house. � Page 2 of 6 � — � + . /_' �� - � o 0 ��b. - CITY of� ORONO � � � � . ti �� G'�' . RESOLUTION OF THE CITY COUNCIL . ��sKO�`� n,o: . 4� � � 1 4. The undersigned owners have read,understand and hereby agree to the terms of this resolution and on behalf of themselves,their heirs, successors and assigns, hereby � agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on t�ie 22nd day of July, 2002. ATTEST: r ` � Lin a S.Vee, City Clerk Bazbara A.Peterson, Mayor � • . App icants . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this 22nd day of July, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . _ . ��> RRCliEL DODGE � Q �J `y��` NOTARY PU6LIC-P.'WNE^OTA ��d�-c�` /✓UG�e�/�-'e-� ��'•�'� My Gommission Expires Jan.31,2005 ��_•' Notary Public � �� STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �2� day of �-U-l�-/ , 200 Z 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. .;•��Y+': RACHEL DODGE ��_�c� �paQ� • i'� F,. �"�c�a�;��'; NOTARYPUBLIC-MINNE^OTA '��'�:'�' Myr Commission Exptres Jan.31,2oos Notary Public Page 4 of 6 � � . ��- . ,� �� . � O O ��e. - CITY of ORONO � � ti � . . � � �'�' RESOLUTION OF THE CITY COUNCIL ��SH��'� . � N0. � � a� � ' STATE OF MINNESOTA COUNTY OF HENNEPIN � _On this3� day of r � � , 20 0�, �C�i K.- 1�c�.� Vln � �j�� personally appeared before me, who is personally known to me � whose identity I proved on the basis of m N 1� 1--- whose identity I proved on the oath/affirmation a credible witness � � and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. . y RACHEL DODGE �`�Y{�" NOTARY PUBLIC-�!E'J\'"^TA ;��;�'H My Commfssion Expires Ja,i.?i,2005 -�,.,,`�-'- ' . o�-e--��- L�o� � . • Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN i On this�day of r',� , 20�,J, f�4 YYI Q�a-- � f�a.-��'l�l. �'I GL.►'��'2C� �� personally appeared efore me, who is personally known to me - � - � ' � �/� whose identity I proved on the basis of M�II �L whose identity I proved on the oath/affirmation , a credible witness . and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � Notary Public � DENISE M.LESK�NEN • My�Ca��3�� Page 5 of 6 � t _ . . . • , � Exhibit A � � _ � � � 3 �. � • � . FORESY LAKE CERTIFICATE OF SURVEY FOR . ' �� MARK & PAMELA PALM o � �p,p1E; OF LOT 8, BLOCK 15, SAGA HILL REVISED .'.FpR`�oGO�e�� :, . HENNEPIN COUNTY. MINNESOTA . _ . p►��C►,p0��0 •�S ��T 8 7�1 � N�i9•�� N1 4 " . N ' - .—�tt.sc+�+�""� . pEq� � �a oyo. ' is .;o, R�'`^ � �r . m v OE� : • � t $ ,.. ,� � J � Z � � *� � ",• . ' � "ti �, � Y t $ .�s ° aQGK 1 "° °�� x .�a� 0 .• • • ' � + � .� � . . u ,'c . , � ,, ^ � ��.. • 2(��/l' _ �° ��. i� -. � . ..� � �� s • i � ' , . p Ri . .0 • . i�/ - _4� '�"� �� . . ' • .. , . — �y�p wv� �aa � � M a� '�e�nnov2 • � � . • L � Ba��tn a�Em�dkt9on m mx+Md datun •�0 • . � . . . � `6S�� ' . . ' � . D'G`o-}�2� • ' , � �SS l� . �cw oesa�na+a rr+�uaes Wl 4 B�xi� 13.'Soqa K!R�ris�4 Hr+naOh Co.Y4n' . 7ry•a uv�Y ht�+da lo aM�tM Dandvia ol tM a�ow dua�ad PropatY. ' • IM bealion ef on�aialu+q I+o�a�ad 9Q°9��001�°'d�0�olion o!d �vi��l�'t�adeov�r'Ur�on R dua rot pvDorl lo ilw�my oNr irt'Wwr � , I�w�U Ot vfQOOChfMt1� � I lOtt'f W7iT iWT MS 1LNl Y[CYGTOI fA I�Mt �L • C(Sip�D �yppM WT[ OL50�►fOl us mvum n K a uca ur aacr gsteKSw++a ��f� CRONBERG&ASSOCIATES,INC. �..�W.�.��R�w° a,� q N6111G QQQ7S W�9J1141fFS 4R R1�t[.Q 71�KY01 UC01 M U�i O I1C SLR O uNSOL1 ��e� NS K xllOW OR IOHC 1A1�1K SS�36 t�rn «� 952-473-itst �_p.at w�� 02-�9 urc 02-299 . Page 6 of 6