HomeMy WebLinkAbout1996-03-11 Resolution 36910 0
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C).
SECTION 10.22, SUBDri'ISIONS I (B) AND 2
AND SECTION 10.23, SUBDIVISION 6 (B)
FILE NO.2105
WHEREAS, Jon Lebedoff and Sally Mitchell Lebedoff (hereinafter "the applicants")
have an interest in the property located at 1 101 Ferndale Road West within the City of Orono and
legally described as follows:
Tract B. Registered Land Survey No. 902. Files of the Registrar of Titles. County of
Hennepin, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants 1 ave applied to the City for variances to Municipal
"Zoning Code Section 10.03, Subdivision 14 (C). Section 10.22. Subdivision 1 (B) and'_' and Section
10.23, Subdivision 6 (B) to permit construction of a new residence on a property that is 8.481 sAr
in area where 87.120 s.f. or two acres is required, on a lot that nteasur-s 58' at the 75' setback and
72' measured in a straight line at the shoreline %, here a 20' width is required. The structure is to be
located F from the west side lot line where a 30' setback is required and 117 from the east side lot
line wh.-re a 30' setback is required. The str.::ture %%il! be located 42.5' from the street lot line where
a 50' setback is required. Per Section 10.22. Subdivision 1 (B), the residence structure will be
located 20' from the main lake where a 75' setback is required but will maintain a 75' setback from
the lagoon at the north side of the property. Per Section 10.22. Subdivision 2, hardcover within the
0-75' setback area is proposed at 3.800.2 s.f. or 516°10 where none is allowed and within the 75-2=0'
setback area, hardcover is proposed at 861.3 s.f. or 67.8% «here 250r0" is allowed and where 1005b
exists. Per Section 10.03. Subdivision 14 (C), the new construction will require a structural
coverage variance proposed at 2.345 s.f. or 27.60io where 1.500 s.f. or 17.6% would be allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
FINDINGS
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CITY of 4RON0
RESOLUTION OF THE CITY COUNCIL
NO. 6�1
This rene%%al %arias : application %%as reviewed as Zoning File -`? 105.
2. The Cite approved variances noted above in an earlier variance application revie%l
based on the unique findings and hardships set forth in Resolution x= 5 40 of the City
of Orono.
�. The property is located in the LR-1 A Lakeshore Residential Zoning District requiring
two acres in area. The property consists of 8,481 s.f. or .194 acres.
4. The Orono Planning Commission reviewed this renewal variance application on
February 20. 1996 and recommended unanimous approval of the: -variances as
proposed. based upon the followin'; unique findings and hardships:
A. The property is .19 acres and subject to 2 acre setback standards.
B. The substandard parcel is subject to restrictive lake shore setbacks at both the
north and south sides of the property.
C. The property is served and connected to municipal sewer.
D. The building/structural footprint has been reduced by 168.8 s.f. or 2% and
total hardcover on the property has been reduced from 690io to 54.9%.
E. The structure cannot be moved closer to east lot line because of the location
and impact of the 931.5 flood plain contour. The Orono Code does not allow
excavations or filling within the flood plain.
F. The proposed improvement would be consistent with the recent
improvements of older properties within the West Ferndale neighborhood.
G. Per Cell Strauss' letter of March 20, 1995, the DNR will allow a 20' setback
from the main lake for new construction because of the drainage pattern of
the property that drains over the grassed gravel yard area to the rear or lagoon
area. Ms. Strauss has reconfirmed via the phone that she will not change her
position with the renewal variance application.
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0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��kE81Et04� NO. 3 60 1
4. 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 granting
the variances 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 applicant, but is necessary to alleviate a demonstrable hardship
or difficulty: is necessary t, •eserve 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.
5. 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 the Municipal Zoning Code Sections listed above to permit the construction of a 38.6'
x 60' two story residence and grants approval of a 78.639 s.f. or 90.2% area variance, a lot width
variance of 14=' or 71% and 128' or 64%, west side lot line variance of 9' or 90%, an east side lot
line variance of 18.3' or 61%, 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%. a hardcover variance within the 75-
250' setback area of 544 s.f. or 42.8% and a structural coverage variance of 845 s.f. or 9.9% subject
to the following conditions:
Upon application for a building permit. applicant shall provide final survey locating
the approved structure at approved setbacks. Plans shall include a detailed grading
and drainage plan to ensure no impact upon the flood plain of Lake IN-4innetonka
(931.5 elevation). Erosion control shall be maintained on the property until all
disturbed areas are restored to natural groundcover.
2. All hardcover improvements scheduled for removal as shw'%m on page 6 of this
resolution shall be completed prior to the footing inspection for the new construction.
This shall include the 1 areas that extend from the lake side of the existing
residence and gravel do eas located within both the 0-75' and 75-250' setback
areas.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 � 0"
;. Authorities cranted by this \ariance run \+ith the property not %\ith the applicants. but
are permissive only and must be exercised by applicants presenting a complct.
application for a building_ permit \�ithin one year of the date of Council appro%al. or
this \-ariance will expire on that date (;\larch 11, 1997).
4. Violation of or non-compliance with any of the terms and conditions of this variance
shall constitute a violation of the zonin!_ cc .. shall automaticall-, terminate am -
authority uranted herein. and shall be punishable as a misdemeanor.
5. The undersiened applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of thcroselyes. their heirs. suc-_essors and a.:siens.
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, Nlinnesota at a regular meeting
held on the I 1 th day of March. 1996.
AT(EST:
orothy M. al in. City Clerk Gab iel Jabbour. Aeti Mayor
('6 LC
r �erty O��•ner I s 1
Estate of Robert G. Mitchell
STATE OF MI\1ESOTA )
) SS. by:
COL'1Tl' OF HE\-\EPI1 NZ&t G. Mitchell, Jr.
Personal Representative
'The foregoing instrument \vas acknowledged before me on this i l th day of March.
1996 by G ibriel Jabbu::- and Doroth%. M. Hallin. ztim, Mayor and City Clerk of the City of Orono.
a ;Minnesota municipal corporation and said instrument gas executed nn behalf of the City.
H �TA Notary Public
j:CA1W,'L
m nissim Ewa jr M. rw
Pale 4 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIti )
On this _K day of ,,,� 199 6 before the a Notary Public within
and for said county, personally appeared Jonathan G. Lebedoff and sarah M. Lebedof_f_
known to me to he the person(s) described in and who executed the foregoing instrument,and
acknuwlzdged that he (they) executed the same as his (their) free act and deed.
STATE OF MINNESOTA )
) ss.
COUNTY OF 14ENNEPIN )
On this &j day of 1994 before me a Notary Public within
and forsaidcounty,personallyappeared Robert G. Mitchell, 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 a:t and deed.
Personal Representative of the Estate of Robert G. Mitchell, deceased, on
behalf of the Estate,
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of 199 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
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