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Home My WebLink About#01-2684 Recorded Resolution 4667.. , ) CITY of ORONO STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RESOLUTION# -~46~6~7 __ ~~--J Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I , Rachel M. Dodge, Deputy Clerk of the City of Orono, Hennepin County, Minnesota, do hereby ce1tify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on June 25, 2001 , and that the same is a tru e and conect copy of said resolution duly adopted by said City Council at said meeting. In Witness Where ot I have here .unto set my hand and seal this -~2=3~r=d __ day of July , 2001. Rachel M. Dodge, Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us 4¾ 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 61 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. #01-2684 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 of314 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 June 18, 2001, 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 #01-2684. 2. The property is located in the LR-1 C Zoning District, where .5 acres is the minimum Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 46 6 't NO. _______ _ required lot area. The property consists of approximately .173 acres or 7,515 s.f. 3. The Orono Planning Commission reviewed this application on June 18, 2001 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 1 0' x 12' shed on the rear of the property will be removed. 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 prope1iy; 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 \Vould 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 5 ' ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 6 7 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 (June 25, 2002). 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 5 ,, ' '' ' ,. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 61 ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of June, 2001 by Barbara A. Peterson and ~tl· ·--;J);.e, Mayor and ~-Clerk of the City of Orono, a Minnesota municipal corporation anc1sifci1'rA strut ent was execu ~tr{ behalf of the City. ;L,~ . - STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) Notary Public e DENISE M. LESKIN EN NOTARY PUBLIC-MINNESOTA My Commlsalon expns Jan. 31, 2005 On this 3 rcfJ. day of_~~..,,_,,.. ___ , 2001, before me a Notary Public within and for said County, personally appear El , • n known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act~~---- ST A TE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) Notary Public e DEN ISE M. LESKIN EN NOTARY PUBLIC· MINNESOTA My Commission Expires Jan . 31, 2005 On this _____ day of _________ , 2001, before me a Notary Public within and for said County , personally appeared __________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public TR ANSFER ENTERED HENNEPIN COUNT Y TM '.P,'"':R SER VIC ES JUL 1 1 n~m Page 4 of 5 Exhibit A CERTIFICATE OF SURV~Y FOR THER·ESA, KOCH OF LOT 25, BEACH ,~ 4 ,/.!L. •-I CIM.2l I ... ·EXISTING __ .. / SHED I i'\' !;\ I -(~ " ,.., ,, LEGAL DESCRIPTION OF PREMISES : I/ :-1. ,) -;;1,, /,; _:· -:.; ~:,. ·t,u(". - ?j •.,•I I • I i · ... _:v .. 1r1 .:~f (,-°'h AAClfl'f-(r) ~ '1,s. o tC s. 3 ·97 3. 3 Lot 25, WALLACE'S ADDITION TO THE VILLAGE OF ~llf'<NTC~;KA :::::. =~ o : denotes iron marker set o : denotes iron morker found (908.3): denotes existing spot elevotion, mean sea level dalt.;r.-, Bearir.gs shown ore based u;::,on an assumed datum. • : denotes distance as shown on the plot of WALLACE:' S ;.oc·:71<'.)~~ --9t~--: c~/J'h",.J ,:~,_1,..,,. · ~ i ;:;~'!~ .. ,J %:.~ ":1:.,•/f:,~ ~his survey intends 1c show the boundaries of the above cescr::-~: ;:;roperty, the location of on existing shed, the location of all visib:e "ha,_-,:cove' ". end the pre-posed location of a proposed house thereon. It does not purport ~o s's:•:, ,:my other improvements or encroachments. SCALE • CON'I~ & ORO~BE~ I~ OJru.llG OOGi, LIXl 3.Rlfl'CRi, STE A.>lfai 482 T~ A'it-lE LOO LJ.lr, ltl 55.:65 952-47.Hltl I hlreliy certify lh.l liit iu·,11 ,::s ft.;,J"IJ by !"'! ,, ·,-.:~ -. :::<: s:;,~- visi01\ aid I/lat I an o d.ly res,,1::r,J c;..,; E.'!,:-,:-:r.J L::r: :,,.,,f'11 li\ler 1"=~' the kl-•s of th, State ol lk .. mto. i---~o~ ... ~TE:,----t ~(~ ·'--~(,~-: - 4-12-01 JOa NO. 01-106 tc:l L 0 - 1 _- 1 - 05 ------------~----;..;..;;----Page 5 of 5 .;.._.;;...;;.;,.__~-----..1 '; ;.:;:) .. ' . ..... t:·.'..:' .. ·.\·"i .'· :1 ,,;- 34\58~6 ~ L~ ~ i j _j SO Y5d8 OFFICE OF THE" REGISiRAR OFTlllES HENNEPIN COUNTY, MINNE~TA CERTIFIED FILED ON ~0--, JUL 3 0 2001 ) l D-M1', - ~ft/~ tl~ttJt::::~TLES BY . . '/) P-UTY 4~s Metro Legal Services In c. ).(vv{;L Box491