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Home My WebLink AboutResolution 4846 Y i O O O •� a � N CITYof ORONO ti RESOLUTION OF THE CITY COUNCIL ES80�`�G NO. 4846 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B), SECTION 10.55, SUBDIVISION 8, SECTION 10.22, SUBDIVISION 1 & 2; AND SECTION 10.56, SUBDIVISION 16 (L)(1 & 2), FILE NO. #02-2805 WHEREAS, Carson Erickson and Franklin Fox, (hereinafter "the applicants") are the owners of the property located at 3415 Eastlake Street within the City of Orono(hereinafter"the City") and legally described as follows: The west 50 feet of the East 100 feet of Lot 2, Block 8, Bayside Addition to Lake Minnetonka, also the West 50 feet of the east 150 feet of Lot 2, Block 8, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B), Section 10.55, Subdivision 8, Section 10.22, Subdivision 1 and 2,and Section 10.56, Subdivision 16(L)(1 and 2)to permit new residential single family construction on a lot that is 100 feet wide where 200 feet is required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13' where 50' is required, a lakeside setback of 50' where 75' is required, a side yard setback to be 28.29 feet where 30' is required, 919 s.f of structure within 75' of OHWL where 0 s.f. is allowed, 1,219 s.f. (16.25%)hardcover in 0-75' setback zone where none is allowed, 760.5 s.f. (30.5%) hardcover in 75-250' setback zone where 621.75 s.f. (25%) is allowed, NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2805. 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum Page 1 of 6 Legp?j vt"i Vs'i' Inc. Box 491 . t O O , O CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL IT NO. 4846 required lot area. The property consists of approximately .23 acres or 10,200 s.f. (9,987 s.f. absent the area below the 929.4'). 3. The Orono Planning Commission reviewed this application on July 15, 2002 at which time the Planning Commission tabled it for revisions. The applicants revised the application which revisions were reviewed by the Planning Commission on July 17,2002,at which time Planning Commission recommended approval of the revised proposal on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property has been developed with a residential use since at least 1958. B. Approximately 75%of the property lies within the 0-75' setback zone,and a residence cannot be constructed on the property without encroaching substantially into the 0-75' zone. C. There is no additional land to combine with the property. The properties surrounding this lot are also undersized, are residentially developed,and do not meet the required area in the zoning district. D. The residence meets City ordinance standards for structural lot coverage. The residence has been located to provide an acceptable street setback while minimizing driveway hardcover. E. The property can not be redeveloped unless variances are granted. F. The lot is provided with and has been fully assessed for sanitary sewer. 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 will 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 property right of the applicants; Page 2 of 6 O , O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL kESI3• NO. 4846 and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23,Subdivision 6(B),Section 10.55,Subdivision 8, Section 10.22, Subdivision 1 and 2, and Section 10.56, Subdivision 16 (L) (1 and 2)to permit new residential single family construction on a lot that is 100 feet wide where 200 feet is required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13' where 50' is required,and a lake setback of 50'where 75'is required,a side yard setback to be 28 feet 2 %z inches where 30' is required, 919 s.f. of structure within 75' of OHWL where 0 s.f. is allowed, 1,219 s.f. (16.25%) hardcover in 0-75' setback zone where none is allowed, 760.5 s.f. (30.5%)hardcover in 75-250' setback zone where 621.75 s.f. (25%) is allowed. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (August 12, 2003). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 � O _ V O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ESfI04� NO. 4848 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, 4t `Er hereby agree to the recording of this resolution in the Chain of Title of the property. `ty Council of the City or Orono,Minnesota at a regular meeting held on the Vp tl' 3Jd ity Clerk Barbara A. Peterson, Mayor — Trz Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 12th day of August,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. RACHEL DODGE t NOTARY PUBLIC-MIN Nc"O"A Notary Public My Commission Expires Jan.31,21.05 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this j � day of August,2002 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. ,rte' RACHEL DODGE NOTARY PUBLIC-h'I � My Commission Expires J Notary Public Page 4 of 6 O , 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL keslio NO. 484 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of sT , 2002, Ew personally appeared before me, who is personally known to me v" whose identity I proved on the basis of A1/U J,L whose identity I proved on the oath/affirmation of , 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 �e; ISE M.LESKINEN NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2M5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this)day o f 2002, F. Qd(_personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , 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 GUISE M.LESKINEN NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2005 Page 5 of 6 --Exhibit A Ews484 1 Q 1Nc I V 1 1 1 r , 1 1 •_ 1 1 , 1 , 1 , GARAGE [N 00.14'00',, W 102.00 ( P a 1 i i / iN f 1175 $ ; i U 1 I I ; ;o I m„ _ M I N 4 f0 �41 ,11 b ' Q U1� 1 o I ., + I ... L...y............................................... ' .. I ................._................................. m.....1.. ...._. ...... .... 'Y ice+ ' f*1 t ' + g I I Irn h� / { L �k I 1 1500 1'1731 i clQ�•+ 1 1'i OC ; { 71, � j I i i ! S 00.14'00" E 102.00 12HOUSE 1 / t 1 { 1 { ' t 1 1 { 1 f ! 1 { i 1 1 { : 1 j j 1 j ! 1 I i 1 { 1 { 1 ; I 1 f I � j f Page 6 of 6 A i H 7SL7421 rr 2003 JAN 24 ig i 43 R.1 REC FEE T 4�q1