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Home My WebLink About1996-02-26 Resolution 3683CITY of ORONO RESOLUTION Of THE CITY COUNCIL NO. st:09". A RESOLUTION GRANTING VARIkNCES TO MUNICIPAL. ZONING CODE SECTION 10.23, SUBDIVISION h (B) AND SECTION 10.22, SUBDIVIF:I3N 1 FILE NO. 2104 WHEREAS, Scott and Eleanor Ball (hereinafter "the appiicants") are o•x;hers of the property located at 1065 West Ferndale Read within the City of Orono (hereinafter "the City") and legally described as follows: Tract A. RLS No. 1�2, Hennepin County, Mirtnesota (hereinafter "the property"): and 'WHEREAS, the applicants have applied zo the City for variances to Municipal Zoring Code Section 10.23. Subdivision 6 (B ; to ailo%% construction of a new residcrice structure on a lot of 0.88 acres in area where 2 acres in area is normally required. and on it lot of existing, width 180' at the shoreline and 163' at the 75' setbacl, tine. both locations at %%hich minimun lot width is required to be 200'. and a variance to Se.-tion t0.22. Subdivision 1 to alto.~• an average setback encroachment of 13' for the proposed house and 1 y' for she proposed deck where no encroachment is normally allowed. linnesnia: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS his application %vas reviewed as Zoning File T2104- _. The proFcriv is locates' in the 1.R-;A Single Fam!ly Lakes:►orc Residential "Zoning District and is provided with muni:ipal se%%er.. 3. TbT Orono Planning Commission re% iewed this application on .lat.ua:. i C% I Vic)(, and recommended approval of the proposed variances based upon the follot iml findings: Page 1 of 5 O O� \kLt'SH�4/ CITY of ORONO RESOLUTION OF IME �C�ITY COUNCIL NO. 3 A. 'The .xisting residence to be removed is non-conformim! in that it is less than 30' from the side lot line and less than 75' from the shoreline of Lake Minnetonka. Further. the existing hardcover on the property is excessive as compared to the hardcover limits imposed by the Orono 7_onina Code. B. "rhe existing residence will be removed and will be replaced by a new residern:e structure including decks, sidewalks and drive%vay, all of which meet the 75' lakeshore setback. 30' side setbacks and 25% hardcover limit within the 75-250' zone. The propcsed site plan meets these requirements within the confines of the existing substandard area and width lot. Thy }property. while in a 3 acre zone. is provicidd with ntunicipal sewer which eliminates anv coneerns about septic system needs. C The curved shoreline configuration results in the need for an average lakeshore setback encroachment of 13' by the house and 19' by the decks. Neither of the adjacent residence structures will have existing views of the lake impacted by the proposed construction, and in fact their views of the lake may be improved by removal of the existing house. D. The City Engineer has reviewed and approved the proposed site gr: ding and drainage plans. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff. comments b\ the applicant and the effect of the proposed variance on the health. safety and welfare of the community. �. The Cite 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 (.zrantins the variances %would not adversely affect traffic conditions. light. air nor pose afire hazard or other danger to neighboring property, would not merel\ 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. Pave 2 of 5 /� 1 0 �O �\ 0 \�kE9L1'iO4�/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 68 2 • ONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of ,he above findings. the Orono Cite Council hereb% _rants variances to Municipal Zoning Code Section 10.23. Subdivision 6 (B) to allow the construction of a ne,,y residence on a lot of 0.88 acres in area where a 2 acre minimum lot area is normally required. and where existing lot width is 180' at the shoreline and 163' at the 75' setback line where a 200' lot width is normally required. and grants a variance to Section 10.22. Subdivision I to alloy average lakeshore setback encroachment of 13' for the proposed new house and 19' for the proposed new deck where no average setback encroachment is normally alloyed. subiect to the following conditions: Applicant shall adhere to the site plan and grading= plan attaclwd to thl: re:olutlon is Exhibit ri and _,hall adhere to the '-5",o hardoriver limit to tile: 75- 250' zinc her the hardco,,er plar, attached h..reto as f:yhib:Lt B. 2. No %ariances other than lot area. lot width and averag,: Lakeshore setback are approved with this resolution. 3. Applicants and applicants' contractors shall conduct all hauling of necessary till materials on City roads in accordance y:ith posted maximum weights. ,-applicants shall provide a map of the haul route to the City for approval prior to commencing hauling of materials. Applicant shall be responsible for cleaning the surface of any payed publ;- street that becomes soiled due to the construction activity on this project. For safety reasons and to times of inclement weather or early thaw, the City shall have the authority to stop all hauling activity until such time that the City determines necessan•. 4. Erosion control measures shall be in place prior to any grading operations. subject to review by the Cite. Authorities granted by this variance run with the property not with th., 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 (February 26, 1997). Paee 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 F P R ;;. Violation of or non-compliance N�� h atn of the terms and conditions ni th;s variance shall constiwte a violation of the zoning cod::. shall automatically terminate any authority _ranted herein. and !,]-all be punishable as a misdemeanor. 7. The undersigned applicants 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 Cite of Orono. 'xiinnesota at a regular meeting held on the 26th day of February. 1996. ATT �• �1. alt. City Clerk --_ Propert\ Owner (s) STATE 01: MiNN'ESOI A ) ss. COL N:TY OF HE\tiEPIAN ) The foreeoir.g instrument was acknowledged before me on this 26th da'. of February. i0,96 by Ed%%"arj J. Callahan. Jr. tnd Dorothy M. Hallin. Mayor and ('ity Clerk of the Cite of Orono. a Minnesota municipal corporation and said instrument %\as executed on behalf of tl e Cite. �1A tiotan Fublic �, aw�t. 2000 Pace 4 of 5 STATE OF MINN7SOTA ss. COUNTY OF HENNEPtN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 On this , 4 . __ day of ice_ , 199 before me a ''otat,v Public within and for said County, personally appeared l e L, i { L j— known to me to be the person(s) described in and Who executed the foregoing instrument, acknowledged that he (they) executed the same as his (their) free act and deed. KM A. W1111 0Y IAMM II��A STATE OF MINNESOTA Ss. COUNTY OF HENNEPIN Notar% t'u�', c and On this /jV day of �--%'( , 199 6) , before me a Notar, Public within and for sa id County. wired personally a P PP-�1«�----- known to me to be the person(s) described in and who execuwu th,t foregoing instrumen!, and acknowledued that he (they) executed the same as his (their) free act and deed. •.W1�J,MAI.`MMMM�.MhYJ4NM14�1WM +� �W* : J')Y A. A:':.liA� HENNEPIN COtrtvTY M Ccwmiulvl E:tl,.t Jim. 31. 20" r wnv�,v+n�vrv�nnnr.��nnnnn,•��Nv�n�wvw r 1 N n Pu iic I J � Paee 5 of 5