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Home My WebLink About#3017 Resolution 5198RESOLUTION OF THE CITY COUNCIL N O.. it A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282, 784288, 78-305 (B) )FILE NO. 04-3017 �VIIEREAS, Spnice Hill Properties, Inc., (hereinafter "the applicant") is the owner of the property located at 3775 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the "property"); and `VIIEREAS, the applicant has made application to the City of Orono for hardcover, lake setback, and street yard setback variances to Orono Municipal Zoning Code Section 78-282, 78-1288, and 78-305 (B) to allow an extensive remodel of the existing building which consists of renovating the first floor and re -constructing the t/Z, story above. Orono, Minnesota: 1. This application was reviewed as Zoning File #04-3017. 2. The property is located in the LR — lA, One Family Lakeshore Residential District, which requires a minimum lot area of 2.0 acres. The applicant's property is 0.94 total acres in area. 3. The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the hardcover, lake setback, and street yard setback variances based on the following findings: a. The configuration of the property causes the required lake yard setback and street yard setbacks to overlap resulting in no buildable area unless variances are granted, Page 1 of 6 �� v� RESOLUTION OF THE CITY COUNCIL � c� �F �, - v� b. The existing house is located in the most conforming location of the lot. c, The proposed remodel tivill take place entirely within the existing footprint. d. The proposed remodel will yield a net reduction in hardcover of 108 square feet. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 property 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; azld would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COI`dC�T�JS�'L'I`dS, .�'_, wB� h° I`dB C��'.I`:'�'�. a'I:?I':S Based upon one or more of the above findings, the Orono City Council hereby grants hardcover, lake setback, and street yard setback variances to Orono Municipal Zoning Code Section 78-282, 78-1288, and 78-305 (B) to allow an extensive remodel of the existing building which consists of renovating the first floor and re -constructing the story above, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. riny amendments to the site plan which are not in conformity with City codes r.vill require further Planning Commission and City Council review. Page 2 of 6 • •'. • � � � 4 2. Hardcover in the 0-75' zone shall not increase above the level of 3.5%. Hardcover in the 75'-250' zone shall be limited to 3,340 s.f. or 29% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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 approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 4. Required removals of structure and hardcover shall be completed and confirmed at the time of the initial required constriction inspection. 5. Applicant shall remove SO s.f. of patio on the lake side of the home so that the patio will not extend any fi,trther towards the lake than the deck. 6. Authorities granted by this resolution nin with the property not tivith the applicant, bttt are permissive only and must be exercised by obtaining a building permit for the uery constriction tivithin one year of the date of Council approval, or the variance will expire on that date (June 14, 2005). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. �. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Pane 3 of 6 RESOLUTION OF THE C�IT�YOUNCIL NO. Adopted by the Orono City Council on the 14th day of June, 2004. ATTEST; Linda S. Vee, City Clerl< i �/sue �,-....'o.�s-.�. - �r,r.S .i, ; �,y> %-" Property Owners) ,,�, /3 �._.__ �_.� a ,.� LJ ' c j c—f� t� r � .� � Y-�-`�1� �- � � �f �` ��..� Barbara A. Peterson, Mayor �,,��„' 1 60.,E -� PaQe�of6 �� STATE OF MiNNESOTA COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL �;a�, The foregoing instnunent was acknowledged before me on this fi ' day of .:.:'i 4 >,. 3.. `--- 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ;'municipal corporation and said instnument was executed on behalf of the City. f, � ,J ti y _�. _. G�._. ��.�.�-.n�� p '�"� � Notary Public -�� - ,, �� '� �1C�tEL �®I�{'F �: �;OTf.RY PU3LIC M1` ."�^TA STATE OF MI7VNESOTA COUNTY OF HENNEPiN � T The foregoing instrument 4vas acknowledged before me on this �_`� day of --_.�',,,_�,.e. 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mir>llesota municipal corporation and said instrmument was executed on behalf of the City. ' ;•rty Commission Expires Ja, �. � � ::. , 1 ,-. •', � ;, i Notary Public i-' Page � of 6 RESOLUTION OF THE CITY COUPVCIL State of Minnesota ) ) ss. County of Hennepin ) This instniment was acknowledged before me this /5day of �Gc �r�� , 2004 by /y)a7Vhec0 GOft�j� , President of Spruce Hill Properties, Inc., a Minnesota corporation, on behalf of the corporation. SAR6ARA G. SILUS zNOTARY PUBLIC - MINNESOTA PF F My Commission Expires Jan. 310 2008 Notary Public PaQe6of6 EXHIBIT A. lEOAL OESCRIPTtON GF PREMISES;. (A) Lots 5, 6, 7, 8,13, IS, i6, 19, 20, 21; 22, 23, and 24, Ottovtlle on Lake Minnetonka, EXCEPT that part of said Lots 15, i6., 191 20, 21, and 22 lying Southerly of a line drawn parallel vrtth.,a:ad-30,,.r- eS.-Ncr-tire•a-s-t-e•rl-y-r•-meas'uKed.at.ri•gh•t•••angies, from-#,i•-•1•i-ne- here6naf-t•e.r••ref-e•r�r-ed--•t.o-• •••• as "Li•ne B"t said 'Line B" being described as follows: Commehcing at the Northwest corner. of th•e Southeast Quarter of the Northwest Quarter of Section 5, Totirmftship 1.17' North, Range 23 West of the 5th..Principal Meridian; thence South *along the, West line of said Southeast Quarter of the Northwest Quarter a distance of 234 feet; thence d.ef•lecting right 48 degrees a distance 'of .' 90 feet to the 'point of beginning of "Line 8"; thence deflecting left'83 degrees to the Southerly extension.of the East line of said •Lot IS, and said "Line -B" there ending; (•B)'That part of Lake Vt-ew Avenue•and -Lake Street as dedicated cn. the plat of Ottdvill'e on Lake Minnetonka, described as follows: Commencing' at th'e,Northeast, cerneP of the Northwest 'Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence, deflecting I.e'ft 64 degrees 30 minutes a distance of 143.32 fe-et to the point of beginning' of a line hereinafter' referred to as "Line A"; thence deflecting right 180 degrees•alo6ng said "Line A" a distance of l00 feet; thence along a.ta.ngentiai curve to the left having•a radius of 5O0.feet and central angle of 22 degrees 30 minutes'a distance of 196.35 feet; thence Westerly tangent to said 'curve a distance of 802.5 feet; thence along ,a tangential curve to t'he 1'eft'having.a radius of 300 feet and, a'central angle of 45 degrees a distance of 235.62 feet; thence Southwesterly tangent to last said curve to a point on the.Wes.t*line of the Southeast Quarter of saPd Northwest Quarter of Section 5,; and said "Line A" there ending, said ending point being the point of beginning of the property being•described; thence Northeasterly along said "Line A" to Its Olntersection with the Northerly extension of the Westerly lime of.The-resa Street in s.aid plat o.f OttdV•iile on Lake, Minnetonka; thence SoU:theriy along said Northerly extension to the *Southerly line of'.sald Lake View Avenue; thence Southwesterly ato.ng said Southerly-Irne-of Lake.View Avenue to the 'East Line of.said Lake Street; thence South along said East line of ;Lake Street to Its intersection with a line drawn parallel with -and 30 feet Nartheaat.er'ly, measured at. rl•ght angles, from a Line her.ei•n- aPter referred to as "Line B" said "Line B" being described as •fol,loms: Commencing at the Nor•thwestIcorner of saidaSoutheast Quarter -of the Northwest Quarter; thence South along'the !.est Dine of 'said•Southeast Quarter of the i%rthwe%st Quarter 4a distance of 234 feet; thence daflect'1'ng right 48 degrees a. distance of 90 Meet to the point of beginning o.f said "Line-8"i thence deflecting left 83 degrees to•.sald East line of Lake Stree.t, and saLd_"Line B" there ending, thence Northwesterly 'along said parallel, line to its •Intersection with said West line of the Southeast Quarter of the Northwest Quarter; thence North along said West line"to the pod.nt of beginning, EXCEPT that part of said above described property lying Northerly o.f a line'33 feet Southerly of, measured.'at right ang.le'to and parallel with, said "Line A".; (C) That part of the•Northeast Quarter of the Southwest Q-uarter of the Northwest Qua'rte;r of Sectioi 5, Township 117 North, Range 23 West of the 5th Principal Meridian, lying Southeasterly of a411n.e• hereinafter referred to as "Line B", said "Line A" and "Line B"'being described as follows: Commencing at the Northeast corner of said Northeast Quarter of the,5out.hwest' Quarter of the Northwest. 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