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Home My WebLink AboutResolution 4487 a. /�--� >> � o� • o 0 ��b. - . �CITY of ORON4 , � � '� RESOLUTION OF THE CITY COUNCIL �l`9.kE p4�'G . � � NO. 4 � � � • � �SK � A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE � SECTIONS 10.22; SUBDIVISION 2 � SECTION 10.25, SUBDIVISION 6(B), AND � SECTION 10.56, SUBDIVISION 16 (L)(2) FILE NO. 2564 � WHEREAS,William Dampier and Joan Irma Dampier(hereinafter"the applicants") are owner of the property located at 3550 Ivy Place within the City of Orono(hereinafter"the City") , and legally described as follows: � Lot 173,Taylor's Subdivision of Spring Park Lots,Hennepin County,Minnesota(hereinafter "the property"); and • WHEREAS, the applicants have applied to.the City for a variance to Municipal Zoning Code Section 10.25, Subd. 6(B)to permit the construction of a second story addition above the existing 1-1/2 sCory residence,such addition to be located 2.9'from the north side lot line where a 10' setback is normally required; and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16(L)(2)to allow 4,468.7 s.f.(48.9%)hardcover in the 75-250'setback area where only 2,282.5 s.£ (25%) is normally allowed and 5,061.7 s.f. (57.9%) exists for the construction of a 2- story room addition constituting additional hardcover not currently existing on the properly; 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 June 19,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2564. 2. This properly is located in the LR-1 C Zoning District,where .5 acre or 21,780 s.f.is the minimum lot area. The property contains approximately 0.29 acres or 13,030 s.f. • Page 1 of 7 f. ` O � � � • O O ��e. - CITY of ORONO � � ti �,� G'ti RESOLUTION OF THE CITY COUNCIL �`�kES804�' NO. 4 4 � `� . , . 3. The Orono Planning Commission reviewed this application on June 19, 2000 and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot will remain at a level of 14.87%,meeting the 15%lot coverage limitation,based on the applicant's proposed revisions to the existing deck on the lake side of the residence. � B. The 75-250' hardcover on the lot will decrease from the existing level of 55.4%(5,061.7 s.f.)to 48.9%(4,468.7 s.f.)as a result of proposed hardcover removals in the 75-250'zone. The impact of the hardcover variance is offset ' by the lack of hardcover in the 0-75' zone. C. The construction of an expanded second story above the existing 1-1/2 story � � residence located as close as 2.9'to the side lot line will have no significant impacts on the adjacent property. D. The lot is undersized for the LR-1C zoning district. 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 tr�c 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; 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. � • Page 2 of 7 � . i� � /� � • O O ��,. - CITY of ORONO � � �� G'� � RESOLUTION OF THE CIT COUNCIL �`q,k' 04� N O. � � � � -. ESH CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25,Subd.6(B)to permit the construction of a second story addition above the existing 1-1/2 story residence,such addition to be located 2.9'from the north side lot line where a 10'setback is normally required;and a variance to Sections 10.22,Subdivision 2 and 10.56, Subdivision 16 (L)(2) to allow 4,468.7 s.f. (48.9%) hardcover in the 75-250' setback area where only 2,282.5 s.f. (25%) is normally allowed and 5,061.7 s.f. (57.9%) exists for the construction of a 2-story room addition constituting additional hardcover not currently existing on the properry . 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. Hardcover removal shall be as shown on attached E�iibit A, such hardcover removals to be completed prior to the footing inspection for the proposed aclditions. Further, applicant shall reconfigure the existing deck per the proposal shown on attached Exhibit B, such reconfiguration to be completed prior to the framing inspection for the proposed additions,and such reco�guration subject to the normal � building permit requirements. 3. Prior to issuance of a building permit for the proposed additions, applicant shall provide evidence acceptable to the Building Official that the existing foundation can support the proposed second story expansion. Applicant is advised that if this proj ect ultimately results in substantial removal of the existing residence due to unforeseen� circumstances, the City Council shall have the right to reconsider this approval to determine whether the conditions of this resolution remain applicable. 4. 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 this variance will expire on that date ' (June 26, 2001). ' Page 3 of 7 � , . � °� • o � b - C ITY of ORONO . � � �'� G'� RESOLUTION OF THE CITY COUNCIL �9kESH.�4��' , . NO. � � � � 5. 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. 6. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his heirs, 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 26th day of June, 2000. ATTEST: ' �� , ' —1 � �,�,�/,�J�� Gabrie abbour, Mayor i ��.��cC�� Y � s� e . �� Pr e` wner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. J� �` MARY AIvN JOHNSON Notary Pu�lic G� • '��,�� NOTARY PUBLIC-MINNESOTA � �� 2005 ��skn Exp'res Jan.31, Page 4 of 7 . � � °� • o � ��b CITY of ORONO � � ti �,�� G'ti RESOLUTION OF THE CITY�CO�CIL �kESI��4 NO. �: � � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �oo/ On this o�3 Qd- day of��f?i� ,�666,before me a Notary Public within and for said County, personally appeared �U��/�qm t7�er��R an�- J��.�RrnQ- Da k,��Pa, �c�+P��•P� 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 Pu ic . � � MARY ANN JOHNSON • �� ' MDTMY PUBLlC-MINNESOTA ;'`�a STATE OF MINNESOTA ) ',�� '�'C0f""�"��^•31.� ) ss. COUNTY OF HENNEPIN ) On this day of ,2000,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 � Page 5 of 7 ,. • � � �. � � . : ' EXHIBIT A — '�_ . :' RESOLUTION N0� � � �I .�C ,' , ', ':; , � � '', � i - .. ��i� \ ' � \ Q,, Sf,r � . se�6 v�,��. ��e � � � °" � I hereby certify tha � or under my direct s �C�� N registered Civil Eng ��,. �,�. 1 aws of the State of ••��• �� • COFF I PJ � GRONBERG , I '� �Q.z : - ., o � . o , . �.ri � � ., k � , � � � 1 .� � - , ' -- _ i�lark � . uronberg �iid . � � a Engineers , Land Surv � �, � � ��;�{-;�9 � Long Lake , f�linnesota �� hovse, �i � � � � � \ ( W � �K6 ,� N . 0 l� v ; z l+ � �� - � Scale : 1 inch 20 . � , . .3°'2 � _.� _ ..:� �; Date • March 23 , 1,c - ': �.°E� . ... - 'S�a;p: - �,� ' o : �Iron marker ; .� � � : �� '� �, �. Qearings shown are t t;'�.•��A� .'�r.' •`. .-�•� }? rGJ�r'•n0`u�i(3'.• :s• :�: . �6, :�w, �'°;,� ..;,' � /� Q1`foad � :�cobble:- :;;;: � d� ' ��G'F�.• ' - �� •��s � � �L'.. . ., :��. : � .��' � / :,` ';: . . , . ' � • - •� �� ` ' . , . � '_ • , �7 � �� .. . � , Page 6 of 7 � � � �� ' � .�I ----- • •--- • e k'*.3�:;},.�r �:� !. � ;i .�'- . .-� •.,i-�.�. . EXHIBIT B [� [� � �' .� � RESOLUTION N0. � I + . • A Camel was a Horse designed by committee „ ��ii% . I � � `' Tjf��S(' .-. — I T , �?�p ��' _� , i . , _l-_ `s��,,, � ��° �: . l�� y�` . F2o�l r v�E�.J �L � 1 V� __ , a t� �,�.-.., ,. �a.��.. ^,� �� ,� . .� • • r �i � � . s �, �� a C� �, . � ;� S^ `J i L � � r y u � -�'._ I' S !� �Q . i . ��1��%L I , , . fi�p �� . �, �o��Q Ner�+� �' �RST ��G o� L��t� %o S � �I�/�� }�� G2ou•�J� E r �� R��J S�o�2.Fl��. LoC.r��/?. onJ Sr;�:�r c_ ;�� !o ��NLt��-� �T � r , � ��.�j�\r� �Q� ��f ��{�f �-'��t�� 1C� �a�E S�OE t7� K MoO�� CA�i�,�/ io �:_�H1��1aT� �`� �2t�n-t S`►2�_'�u/1� R�Qv�e�M�,�-. - Page 7 of 7 �2s�.ac�Y 1 A►�.P;�� (�I