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Home My WebLink About#2799 Recorded Resolution 4838,, . •. ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 3 § A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B), SECTION 10.22; SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16(L)(2), FILE NO. #02-2799 WHEREAS, Teresa A. Koch, (hereinafter "the applicant") is the owner of the property located at 2225 Bayview Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 25, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit residential construction on a lot that is 50 feet wide where 100 feet is required , on a lot that the area is 7,515 s.f. (.173 acre) where 21, 780 s.f. (.5 acre) is required, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(C)(6) to allow hardcover in the 75-250' setback zone of 314 s.f. (42%) where 224 s .f. (30%) is allowed to permit additional driveway. 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 July 15, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02 -2799 . 2. The property is located in the LR-1 C Zoning District, where .5 acres i~ the minimum required lot area. The property consists of approximately .173 acres or 7,515 s.f. Page 1 of 6 Metro Legal Services Inc. Box 491 ~ ~:~ C: ".} ( I ...... C,"( CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 S@ 3. The Orono Planning Commission reviewed this application on July 15, 2002 and recommended approval by 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 1900. B. The site plan indicates the proposed setbacks 1 O' to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be located approximately 550' from the lakeshore, which meets the intent of the Comprehensive Plan for new structures. C. There is no additional land to combine with the property. D. The hardcover in the 75-250' zone will be 314 s.f. (42%) to allow for additional driveway. The additional driveway will allow for off street parking. The new residence will be located closer to the street than existing residence, minimizing driveway hardcover on the lot. E. The existing 10' x 12' shed on the rear of the property will be removed. 5. The City Council finds thatthe..conditions existing pn 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 S § °-4 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 10.25, Subdivision 6(B) to permit new residential construction on a lot that is 50 feet wide where 100 feet is required, on a lot that the area is 7,515 s.f. (.173 acre) where 21,780 s.f. (.5 acre) is required, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow hardcover in the 75-250' setback zone of314 s.f. (42%) where 224 s.f. (30%) is allowed to permit additional driveway. 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 applicant, 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 (July 22, 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 hereiri, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of herself, her heirs, her successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of July, 2002. Page 3 of 6 STATE OF MJNNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 3 8 Barbara A. Peterson, Mayor The foregoing instrument 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. ~ -~-RACH EL DODG E ] { )· ~:/?J NOTARY PUBLIC· MIN NE~OTA 11 \ '.;"} My Commiss ion Ex pires Jan . 31, 2005 \ ... •. ~-~=~•--:?T.' ...,.,.~ ... -~2'-"c..~..!A~~~-.. ..., STATE OF MJNNESOTA COUNTY OF HENNEPIN Notary Public 0 The foregoing instrument was acknowledged before me on this d~day of July,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. ~-~: z 2 z z j I a a a: a 2 ae] l ..,,fm17, RA , f:{t:,,~•,ifr:: CH EL DO DGE ! i'\-§;!? NOTA RY PU BLIC · MINN Er'OTA · • -•1' My Commission Expires Jan. 31, 2005 .. -~2a&?e:'&~...eBe.t:~.·, L~( /2oo~ Notary Public <7J 4 of6 ( STATE OF MINNESOTA -COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. •ssa - On this Jt!!} day of Ct+ot:;er ,2002, Te r es-14 K...och, S 1 ~~rsonally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of VVl N __ 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. =e?&i:e :za : as s:·22 ~ ~·~ RACH EL DODG E v :•'-"}) NOTA RY PUBLIC· M!NNE~o:! • < .. ~ / My commission Expires Jan . 3 \, zGO , ~.;>.,...... •~Q STATE OF MINNESOTA . COUNTY OF HENNEPIN Notary Public On this_ day of ____ , 2002, __________ 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. Page 5 of 6 -·· Exhibit A CERTlr--1CATE OF SURVEY FOR THE.RESA= KOCH OF. LOT 25, WAL.LACES ADD .. TO THE VILLAGE OF MTKA: BEACH = . . ,~ ~ ~' .!1.. •-I HENNEPIN COUNTY, MIN tsu.21 I ,·EXISTING ...• / SHED 1 I -., I I //:-, .. ,) ~,,~~.,;:: :; 1", ·i·,,:t. - 1j ••• •.• '• ,:,,,i ri.:,-.,r ( ,,,.,. AAClll•(,(r) -:: ':,s.o " ,.., ,, LEGAL DESCRIPTION OF PREMISES : Lot 25, WALLACE'S ADDITION TO THE VILLAGE OF ~111\NTGi\K.~ o : denotes iron marker set o ! ·denotes iron marker found (908.3): denotes existing spot elevation, mean seo le11el cot1.:r.. Bearings shown ore based u;:ion en assumed datum. 'i(' s. 3 '973. 3. ;:: :. .. ..., --_, . • : denotes distance as shown on the plot of WALLACE' S AOC-:7:,'),\! --914-•: C"':,,1;.,.., C'"•~".,~ . ' <~,,,J/.,'l .,..,,,.,,, .... 1:,,,,. • I ~,,.,.J J .fA"'~ f'/,,,,.,,.,,1. • his survey intends tC show the boundones of the obo•,~ -i-:?sc,.=:: '=:: property, the location of en existing shed, the location of all visib:e "h::rc-:ov-=~·', end the prcposed location of o proposed house thereon. It does not purpcr::. ;~ s=,:·:, cny other improvements or encroachments. SCALE: • ~~l!!~!!R;~i I b.r!b1 cir'Jfy IM Ins 9.r,ey •~ 11;'3'!! b7 r-t ~ •;'<!!! -. ::11:: s.;«· YC"', aid ~',:l I a,i a d.ly r~sl«tJ Crn t-.;':-,i:! :r.J l:.: : .• ,·,ti-' li\!:t 1"=~· 11'.e lc-,s or Ill« Stele or ~l:rus~t:. t---,:O~AT;-:,E,----t ~ T.lli.WCX A'iru LOC l.J.lt, IH ~ ~47.HHI 2t,_ ., ,I L, _ra, _______________ __. ____ Ma..;;,;;.{..;;S_. Ct.;....,.,;er.b u~~~ t:. 4-12-01 JOa NO. 01-106 888 ·. -:.,~: .. :) ... , , ,. ; \ ..~\~.-=' . ··;· "" _ _;.0) ' . -~-~-----~,. ........ ·':t . \ ·.\ . :1 -~~ •• -....::! '}(,'C..-..r--'l• ..J t )U t J'h) L") ~ L"" l '·d r, ,,,--. r_, , ~ y :).. 4 ::::, ,::,'-, :.D ';...:) ~ OFF ICE OF THE REGISTRAR / f) D OF TITLES HENNEPIN COU fJ TY, MINN ESOTA CE RTIFIED FILED ON JAN 2 1 2003 I 7.-,, "yV1 /~ :J <J ·,· H:.J;1i