The URL can be used to link to this page

Home My WebLink AboutResolution 4463 , 4 0.41. W / 0 - 2 01)1 1 = �: ,�. CITY of ORONO r "S+,< L M� 11 �`'�,� _- `., _ t1T'� CEPRESOLUTION OF THE CITY COUNCIL " (�kESHDj '� NO. 4 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (D) AND SECTION 10.03, SUBDIVISION 15 (E) FILE NO. 2570 WHEREAS, George Stickney and Joan Oliverius, husband and wife, (hereinafter "the applicants") are owners of the property located at 2590 Countryside Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Countryside Manor 2nd Addition, Hennepin County, Minnesota (hereinafter "the property"); 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 April 17,2000,at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 14(D)to permit construction of a tennis court 30'from the rear lot line where 50' is required, and Section 10.03, Subdivision 15 (E)to permit a 10' fence to be constructed in the rear yard where 6' is permitted. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2570. 2. This property is located in the RR-1B Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately 2 acres. Page 1 of 7 '' 0.47. (0 „s1O =.J ,�. CITY of ORONO Kt'!ii . ��^�� oit* ~ RESOLUTION OF THE CITY COUNCIL �9 .1” NO. , „ '; $Egg (� 3. The Orono Planning Commission reviewed this application on April 17, 2000 and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The two adjacent properties to the north(2575 and 2605 Thoroughbred Lane) would be those most impacted by the encroachment into the rear yard setback. The tennis court is proposed to be located approximately 235'to the residence located at 2605 Thoroughbred Land and would be approximately 270' to the residence located at 2575 Thoroughbred Lane. B. According to the City's most recent topographic maps the tennis court would be located about 22' lower than the two residences on Thoroughbred Lane. The elevation of the tennis court would be at 1007' and the average floor elevation of the residences is approximately 1029'. C. Because the sun is generally located in either the east or west sky it has been an industry standard that tennis courts are constructed to direct play north and south. To accommodate a court on this property and properly align the court it has become necessary to encroach 20' into the rear yard setback. There is a large portion of the property that is not developed to the rear of the house that could not be used for a tennis court due to the primary mound septic system being located in that area. D. Accessory structures cannot be located closer to the street than the house. Based on the court location and conditions by which it must be constructed, it is not possible to locate a tennis court on the property without requiring a setback variance to the rear yard. E. The applicant has addressed the hardship associated with the fence height exceeding 6' to avoid tennis balls from going over the fence, thus requiring a 10'fence. Locating the tennis court 20'into the rear yard setback is the only Page 2 of 7 . . . . ,,,, ,____-"-_-____,,, k /0 ,, O _-.�: xa'. CITY of ORONO 1107' 44, 4,,� r�;lid �G RESOLUTION OF THE CITY COUNCIL NkESs NO. 44 , location available to accommodate a standard size court due to the septic system being located behind and east of the house. Homes impacted by the rear yard setback encroachment are located 235' and 270' from the north corners of the proposed tennis court. The court would be 20' lower than the average main floor elevation of both houses. 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 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. 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 10.03, Subdivision 14(D)to permit construction of a tennis court 30' from the rear lot line where 50' is required, and Section 10.03, Subdivision 15 (E) to permit a 10' fence to be constructed in the rear yard where 6' is permitted. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 7 . • ...„-_-___,_________ ., /3 0.4i. /OO =.:�: ,4q- �. CITY of ORONO vs,.4 i, �j +O'� RESOLUTION OF THE CITY COUNCIL ,4kESHo4 NO. 4 s'- ' ' 2. Final Landscaping shall be in conformance with the Landscaping Plan attached to this resolution as Exhibit B. Final landscaping shall be installed prior to final inspection of the court and fence. 3. 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 (May 8, 2001). 4. 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. 5. 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, hereby agree 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 8th day of May, 2000. -,-,,-.,,,'4114.,,,,-',',..,V:.? F "i'C';;I{ .0..-!<,':C ,;:,,,1,-„1,,,09-: :+.may �.�,:. f a , V k cjjf f �, •y)L n6a S`.�.��, e', City Clerk Gabr 1 Jabbour, Mayor .+ 5 ti- t tit y,v-0, ;4q t"..JX J'y J i r; opertyOwner (s) Page 4 of 7 ,z* /O CITY of ORONO � 110 fit, RESOLUTION OF THE CITY COUNCIL `qg p4 NO. 4 =t � ESQ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May,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. 6( •'cfr r`. frr Notary Public STATE OF MINNESOTA ) ss. CAROLE A.HASEMAN NOTARY PUBLIC•MINE.SOTA COUNTY OF HENNEPIN ) pa„ „ ,,Am.31,WS On this t" day of 1(-1,•;:y , 2000,before me a Notary Public within and for said County, personally appeared ,.,.- `}t., Xe n rig re ri ,A u.t.bar�c�•t w. c . 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 STATE OF MINNESOTA ) ss. CAROLE A.HASEMAN COUNTY OF HENNEPIN ) _ NOTARY PUBLIC-MINNESOTA o ti ti `fir-# �►co ,Exoa.rot 314635 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 • HLNNLNIN UUUN I Y , MINNL3U I A EXHIBIT A S 89°51' 40" E 274.53 . (1020.0) n (1019.1 T 4;.ii6t300,a7) Q,.., ., 4.e.t:' LI t b ), r.farto • /LJL: �� 1 . is...me T SI ..'. l0 11 1 f ay 7"'�.9�y'yrr/L 7d' ',Ir}tis,,.. 4/4) � A + NM 9" TI.$J .tr NTS A 1 000341) ,} _ — y — _ 1 '. PROPOSED P• 1 • - - /D/L._. 1' (0l0.9) TENNIS R ®t.1 (10108)'*O M o ' _ : ——/n.o • O�MN COURT o M II II _ — j — — /Doo 1(,009.7) ' 1010.1) n II c ,• ". -- '''\' Ll) Q /Ooi N (1wee) I (1006.7) N '600— ? p..s....eXJ11 eo.o (1004.(1004.4). PROPOSED i,..,.,�• _• \.,' ADDITIONS '//'/�J /? (10w) 1,:, -� f.. y,�a F 4 ifail4. e � �$,j�.1� N 1 14Ir�1+R;,, 114.,:.t..A 6 �?q I 8 1 P{u��1 i.,, -,4;t' a r{v dy J�• yri+1•07'k.,,,,%:,_,,,;•., - y•..l R 09.9 (Ipoas) N I PROPpsF IC •I .+.L » t.,Iy4. , d) �/1y1k°'' �o ..re.„w rano •.t a�.e a HOUSE N atev[wA7., .,.' PROPOSED.'„(1003i o 0 E 2.0 y:M1-p' ADDITIONS•_............. d 40.6 a AOOITIoN ` .'N., o3e7 (1Ol ` 4I -„p11 p4� '' (10014) wvLL. d CV 22 O •CI t V O O y.; 5[TI VENTS 0 O N(91 t�,,�, O O O Z a: iI 00 (999.9) xti a •. i g --- • ' -----_- - - (997.1) 1r .walcvy •'��, �I'j ln, .. ( rete ab.,r7. I5C •P J zS jA F .IroF• w 1.1 t ,4 '1,273, 992 ( x) 7+tt 4 ¢ 1 l'p/+j �� "77II�� .e.••14, M/ r ti i;. Otil\�`a't�0:"S• nl' !O e. :�// N G3 0 4w . DESCRPTION OF PREMISES : / tom/ • , Block 2, COUNTRYSIDE MANOR 2ND ADDITION / denotes iron marker set / denotes iron marker found / denotes existing spot elevation, mean sea level datum denotes proposed spot elevation, mean sea level datum ,gs shown are based upon on assumed datum. page 6 Of 1 --- ,. . ---- • 1 EXHIBIT B 4 4 E; t'?, . . • 441,.._41_11or' /it il1r ,,# 1,:_dt ok r. -Atttr" V ii*T-74, 4 ..... _ 0 SPRUCE OR PINE 4 E3 i. (3 AT iNSTALLATIOt - — ILLUSTRATION SHOWS -TREES AT MAtURITY SPACED 15'-- lg. CTR.TO CTR. .... PROPOSED v SCALE 1 = 30e TENNIS ST1CKNEY RESIDENCE COURT 290 COUNTRYSIDE DR. - ---- ORONO, MN. 5535(0 . . . _ .-- v % A. III r...-.............._...._ ....,--...._.... . -— 401...0 -e ifetti • ::. ' 22.. III (1004.0) ,A ''' "iksq4) , 0044 _,;,, .;A. F7'.11.4,'1`,11qt 4:47-(,), i• , Ce 0(1004.4) tr C ' PRop * Osco E)(iSTUVC So.; I PI 226 0 PROPOSED/ (100"ammi. HOUsE• .4 • ADDITIONS - • • a; 20 43;1:1) 40.6 2, ACroirov Pt., • f .°•"i 1 ,-;r4.3,3 ;147 . ....". i,•:- • JO i 9.4 i • ' (1001.4) . WEU. , 0 ; / 0 SEPTC VENTS r:S' i i 0 : 0 .-f,r i• , , :/t't.4",• . s• . t'title', • ..14,... ,. : . c,•„?.. . (.• :I.Z.... . T .. .. S Page 7 of 7 _ __ 'rjA . n ' t;: : ,-- Z T 33:3814 NA �,, Iri =�! �o� OGS • ' �,;* � ny -1f11?I, t C � �Z� Cl� V , r- --t