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Home My WebLink About1995-03-13 Resolution 35400 l CIT"I't" Of ORONO RESOLLTION OF THE CITY COUNCIL NO. .3540 A RESOLUTION GIU%NTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 1997 «'IIEREAS, Jon Lebedoff and Sally Mitchell Lebedoff (hereinafter "the applicants") have an interest in the property located at 1101 Ferndale Road West within the City of Orono and legally described as follows: Tract 13, Registered Land Survey No. 902, Files of the Registrar of Titles, County of Hennepin, Minnesota (hereinafter "the property"), and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C), Section 10.22, Subdivision 1 (B) and 2 and Section 10.23, Subdivision 6 (B) to permit construction of a new principal structure on a property that is 8,481 s.f. in area where 87,120 s.f. or two acres is required, on a lot that measures 58' at the 75' setback and 72' measured in a straight line at the lakeshore where a 200' setback would be required. The structure is to be !ocated I' from the west side lot line where a 10' setback is required and structure will be located 42.5' from the street lot line where a 50' setback is required. Per Section 10.22, Subdivisions 1 (B), the residence structure will be located 20' from the main lake and 75' from the lagoon at the north side where a 75' se;',ack is required; per Section 10.22, Subdivision 2, hardcover within the 0-75' setback area is proposed at 3.800.2 s.f. or 52.6% where none is allowed and within the 75-250' setback area, hardcover is proposed at 861.3 s.f. or 67.8% where 25% is allowed and where 100 a exists; and per Section 10.03, Subdivision 14 (C) the new construction will require a structural coverage variance proposed at 2,345 s.f. or 27.6ro where 1,500 s.f. is allowed. Minnesota: NO%V, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS Phis application was reviewed as Zoning File #1997. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL AO. 5 2. Tile property is located in the LR-lA Lakeshore Residential Zoning District requiring two acres in area. The property consists of 8.481 s. f of .19-1 acres. 3. The Orono Planning Commission reviewed this application on I:ebruary 22 199-3 and recommended approval of the variances as amended, based upon the following unique findings and hardships: A. Th • property is .19 acres and subject to 2 acre setbacl: standards. 13. The substandard parcel is subject to restrictive lakeshore setbacks at both the north and south sides. C. The property has been approved for sewer and assessed one sewer unit. I). The building/structural footprint has been reduced 168.8 s.1'. and total hardcover on the property has been reduced from 6V(" to 521" 1;. The structure cannot be moved closer to east lot line because of the 931.5 flood plain contour. The Orono Code does not allow excavations or filling within the flood plain. I:. The proposed improvement would be consistent with the recent improvements of older properties within the Nest Ferndale neighborhood. G. Per. Ceil Strauss' letter of Nlarch 20, 1995. the DNR will allow a 20, setback from the ma;.i lake for new construction because of the drainage pattern of the property. 4. 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 variances would not adversely af'I'ect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property: 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 would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page2of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL Y \xE8HO4� 5. The Cit} 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections listed above to permit the construction of 38.6' x 60' two story residence and granting approval of a 78.639 s.f. or 90.2% area variance, a lot width variance of both 71 c and 64%, west side lot line variance of 9' or 90°l0, a street setback variance of 7.5' or 15%a, lakeshore setback variance at the main lake of 55' or 73.3%. hardcover variance within the 0-75' setback area of 3,800.2 s.f. or 52.6% where none is allowed a hardcover variance within the 75-250' setback area of 544 s.f. or 42.8% and a structural coverage variance of 84.5 s.f. or 9.9%, subject to the following conditions: Upon application for a building permit. applicant shall provide detailed erading and drainage plans to ensure there is no impact upon the flood plain of Lake Minnetonka located at the 931.5 elevation. Erosion control shall be maintained on the property until all disturbed areas are restored to natural grottndcover. 2. All hardcover scheduled for removal as shown on page 6 of this resolution shall be completed prior to the footing inspection for the new construction. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must he exercised by applicant presenting a complete application for a building permit within one year of the date of Council approval. or this variance will expire on that date (March 13, 1996).. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constilule a violation of the Toning code. shall autontaticafly lerininate any authority granted herein, and shall he punishable as a ntisdeineanor. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 S40 5. The undersigned applicants have read, understood and hereby agree to the teens 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 of Orono, Minnesota at a regular meeting held on the 13th day of March, 1995. n' -rEsT: Uorothy m. Ial ut, City Clerk ttt C.E I Iln ,e (y 0 ner (s) STATE OI' INIINNI--so-'A ) SS. COUNTY OI: HENNEPIN ) Personal Representative The foregoing instrument was acknowledged before me on this 13th day of March. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PIIBlIG1A1NNEW NENNERN COUNTY • •• My Commission EMAS Jan. 31. 2= Notary Public Page 4 of G rw SM! DO C CITY of ORONO RESOLUTION OF THE CITY COUNCIL S'1'A'1'I: OF 1VIINNESO'I'A ) sS. COUNTY OF IIENNEPIN ) On this S clay of . 199 S before me a Notary Public withinandfor said county,personally *eared Jon I,ebedoff and saitY ;ram si Lebedoff 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. oil frnal�u.�FL M�4�ir�sa►r.soao STATE 01: NlINNESOTA ) ) SS. COUNTY OF IIENNEPIN ) NOTARY PUBLIC On this �jry" day of 1995 before me a Notary Public within and for said county, personally appeared Robert G. Mitchell, i jr,, * 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. *Personal Representative of the Estate of Robert G. Mitchell, deceased, on behalf of the Estate, IMARY S. WIIw NO'CA B IC NOTARY NBUC - MINNESOTA IHENNEPIN COUNTY MCo�wino-Eam an ».= Page 5 of Y.�4%*006�Y 0 soTq� VO 7, ItA ro a a s�