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Home My WebLink AboutResolution 4464 � � O � �� ! � � CITY of ORONO •� , ,b` ^ Y7 � �, G�y RESOLUTION OF THE CITY COUNCIL �l9 ,g,� . � NO. � � � � kES11� A RESOLUTION GRANTING VARIANCES TO MU1�iICIpAL ZO1vING CODES SECTION 10.03, SUBDIVISION 14 (C) ANll SECTION 10.22, SUBDIVISION 2 (B) AND SECTION 10.25,jSB B�ON 166(L))(2) SECTION 10.56, S . FILE #2572 ' AS Steven R. Morkrid and Kaxen Morkrid (hereinafter "the applicants") WHERE , ' the Ci of Orono are owners '�of the property located at 2314 Shadywood Road wrtlun t3' (hereinafter Crty ) and legally described as follows: • Lot 15, and the Northwesterly Si00 feet of Lot 16�,�Wiley's Navarre addition, Hennepin � . �� County, Minnesota (hereinafter the properly ), i � WHEREAS, after due published notice and mailed notice in accordance wi 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 app llowt 1 763 s.f. (26.7%) ot cover ge where � Zoning Code Section 10.03, Subdivision 14 (C) to a , � Section 10.22, Subdivision 2 and 1,763 s.f. (26.7%) exists and 990 s.f. (15%) is allowed; 2 to allow 2,449 s.f. (37.11%) of hardcover in the 500- Section 10.56, Subdivision 16 (L) (.) 1000' setback area where 2,449 s.f. (37.11%) exists and 2,310 s.f. (35%) is allowed; Section 10.25, Subdivision 6 (B) to permit a front yard setback of 7' where 30' is required and a side yard setback of 2.4' where 10' is required to permit remodeling of the second floor and raising ' the roof line of the existing residence. . NOW, T�E:�E��RE, BE IT RESOLVED by the City Council of Orono, Minnesota: _ ' Page 1 of 6 � C� — - _-- -- - --__ - —� . r .,� /� � O� • O O ��b. - CITY of ORONO � - F �. '� RESOLUTION OF THE CITY COUNCIL ��9.ttE IIp4�'� NO. _��'�—. S FINDINGS l. This application was reviewed as Zoning File #2572. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District requiring .5 acre in area. The property consists of total area of 6,600 s.f. or .15 acres. 3. The Planning Commission reviewed this application on April 17, 2000 and � recommended approval on a vote of 5 to 0. 4. ' The Planning Commission made the following findings of fact: A. The footprint of the residence is not increasing. . B. The hardcover and structural coverage are not increasing. C. The residence was constructed prior to current zoning standards. D. The lot is small compared to the LR-1C zoning district standard. , E. The raising of the roofline will not adversely affect the neighbor to the south. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properiy 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 properry; 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 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 applicants and the effect of the proposed variance on the health, safety • Page 2 of 6 , � `: . � O� • O O ��6. - CITY of ORONO � ' �� '� RESOLUTION OF THE CITY COUNCIL ��9,kE H�4�'� N O. � 4 l� � . S 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 (C) to allow 1,763 s.f. (26.7%) lot coverage where 1,763 s.f. (26.7%) exists and 990 s.f. (15%) is alldwed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 2,449 (37.11%) of hardcover in the 500-1000' setback area where 2,449 s.f. (37.11%) exists and 2,310 s.f. (35%) is allowed; Section 10.25, Subdivision 6(B) to permit a front yard setback of 7' where 30' is required and a side yard setback of 2.4' where 10' is required to permit remodeling of the second floor and raising the roofline of the existing residence. Approval was 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 fizrther Planning Commission and City Council review. 2. 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). 3. 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.. 4. 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. • Page 3 of 6 . � O ' Y • O O � ��6. - CITY of ORONO � � �� G'ti RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � � � � Adopted by the Orono City Council on this 8th day of May, 2000. ATTEST: ` � U � - Linda S. Vee, City Clerk . Ga 'el Jabbour, Ma r �- cv'C��"✓ perty Owner(s) ` • STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1�t.4��. , Notary ublic �;;' ,, MARYANNJOHNSON • T NOTARY PUBLIC-MINNESOTA �:�r.:`' My Cortrnission Expires Jan.31�2005 ..c.. .e,., r,,.r5.n, • Page 4 of 6 t� �. � � � . • , � O� . . � � r ��b. - . CITY of ORONO � ti � � � �� ., '� RESOLUTION OF THE.CITY COUNCIL �L�kE I3p4��'G NO. � � � � • S STATE OF MIN�NESOTA ) ) ss. COUNTY OF HENNEPN ) � . • On this �tli day of ,200 o before me allotary Public within and for said county, personally appeaze SfP �ei✓ /� /rloQkRi�Q Q„�{. ,�� RA� /�'lv,eK�2i�P, rn �RP:��L 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. ` �� C� � MARY ANN JOHNSON NOTARY PUBUC-MINNESOTA Notary Pub C � :_�� ,ly Co�r�Nssion Expires Jan.31,20Q5 � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN . ) On this day of ,200_before me allotary Public within and for said county, personally appeared kno�vn 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 � --. � . Pa�e 5 of 6 ,. . . � . , , . Exhibit A � � �� CERTIFICATE OF SURVEY FOR • \ STEVEN MORKRID IN LOTS 15 & 16, WILEY' S NAVARRE ADDITION � � HENNEPIN COUNTY, MINNESOTA . � � � � 4464 . . � 0�� ._ S S�,o F . . r � SS, '9� ��` o. °o Fti �� -, '�• i �r� �•� � �� 6S � � �� '�Q., � .� �v N' F�'�57�'� .:� . ,� . � ' � :JO � �� , �� 'Qq�,�,,,a' �.,�.' � . p0� L0T I��YS NAVMRE""'��,/y ! . �� , '� � � . J . � =� �• �`'�,�.�j �' � � �" � \Q � O / A. 40 / V { � a �'`./ 1� �` Y) . .{�T o �Q� ��``� `, '(' � � �,�:J�� y //�` � �'`, EXISTING �� ,'�* � '� '� HOUSE � '�' ^ � A• ' o 4d � • _{� ^,tr'/ �� O ' . ��0�� I� � ' . � ' . ��.�� / _J / S,� �/ ' C�O � '�.`\`% � �O .�- . . . �LO �w,� . ��9 . � � • IEGAL DESCRIPTION OF PREMISES : � • Lot 15, and the Northwesterly 5.00 feet of Lot 16, Wiley's Navarre Addition. o : denotes•iron marker set • : denotes iron marker found Bearings shown are based upon an ossumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house and garage, and the location of ail visible "hardcover" thereon. �,S F._ :.� r'•.� a r�-. - . �'``{i �j f It doea not purport to show any other improvements a.':.,�.� V , `. ••. i .. y��+ .r.�J �• ` :: ' or encroachments. � � .� � :....�. . Page 6 of 6 - I heeby t�ttity lkt flis srvey Y�prepQed by me ar u�er my drect a{xr- SCnI.E COFFIN & GRONBERG, INC. �«►ma r�i�,a a�r��t��a��a��a sW�ra�c� �"=20� �� Ux laws of the State o(6fimesota OATE . 11-8-99 482 TAY�RlAf AYQiE I!!G U1F,Yl�6 �J� s Q rf�� Ja8 N0. 612-473�-4'r41 �'��'<' /� 99-416 E� l�irk S.Gran6er mnesota Lic e hL�nher 12755