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Home My WebLink AboutResolution 5002 f 1 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL Lik a e 1404 NO. 0 2 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5(B), SECTION 10.22 SUBDIVISION 2 AND SECTION 10.56 SUBDIVISION 16(L) - FILE NO. 03-2901 WHEREAS,Melinda Lee and Thomas DeVeau(hereinafter"the applicants")are the owners of the property located at 680 Tonkawa Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 5,lying northwesterly of a line running parallel to and 15 feet southeasterly of a line equidistant between the northwesterly and southeasterly lines of said lot 5,Parten's, Point First Division,Hennepin County,Minnesota (hereinafter the "property"); and WHEREAS,the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.24, Subdivision 5(B)to allow construction of a new residence on a lot 0.54 acre in area and 64'in defined width where a lot area of 1.0 acre and lot width of 140' are required; and a variance to Sections 10.22 Subdivision 2 and 10.56, Subdivision 16(L) to allow hardcover in the 75-250'zone at 28.6%where only 25%hardcover is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2901. 2. The property is located in the LR-1B Lakeshore Residential Zoning District, which requires minimum lot area of 1.0 acre and minimum lot width of 140'. The area of the property is 0.54 acres (23,380 s.f.) and defined lot width is 64'. Page 1 of 6 i i O O ti CITYof ORONO �� G~ RESOLUTION OF THE CITY COUNCIL �9kESS0 NO. 5002 3. The Planning Commission reviewed this application at a public hearing held n May 19,2003 and recommended approval of the lot area and lot width variances)as well as conditional approval of the hardcover variance, based on the following findings: a) No additional land is available for acquisition by the applicants to make the property conforming in area or width. b) An existing house served by municipal sewer has existed on the property fbr many years. c) A hardcover variance in the 75-250' zone is supported by the following hardships: i. Loss of lake views that would result by moving house closer to the road due to average setback variance previously granted toe neighboring property at 684 Tonkawa Road. ii. Narrowness of lot at only 64'width limits the amount of hardcover allowed on the property and results in a long narrow house design configuration due to the required 10' setbacks. iii. Steep topography over the length of the lot results in existing necessar hardcover associated with retaining walls and lake access stairs in 75t 250'zone,where such features are usually only necessary in the 0-75F zone. 4. Council makes the following additional findings: a) Since the Planning Commission review,the applicants have reconfigured the) proposed house to allow for an end-loading garage, reducing the necessary) driveway hardcover, and resulting in a total proposed 75-250'hardcover ofI 28.6%. b) Hardcover associated with the existing 75-250' zone retaining walls and stairways is 207 s.f. Hardcover associated with the 75-250'zone driveway necessary to serve the garage because the house cannot be reasonably moved Page 2 of 6 II 1 . 1 , I O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESIi0gNO. 5002 closer to the road without losing lake views, is 192 s.f. These areas lof hardcover are quantified as a hardship justifying a 399 s.f. overage lin hardcover above the 25% or 2850 s.f. of hardcover that would normally e allowed in the 75-250'zone. C) Stormwater management on the property is a critical issue that must e addressed by the applicants to the satisfaction of the Ci to rotec ty p t adlacept properties. 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 public,and the effect of the proposed variances on the health, safety and welfare of the community. 6. The City.Council finds that the conditions existing on this property are peculiar to t and do not apply generally to other property in this zoning district;that granting t variances would not adversely affect traffic conditions, light, air nor pose a fide 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grant a variance to Orono Municipal Zoning Code Sections 10.24,Subdivision 5(B)to allow construction of a new residence on a lot 0.54 acre in area and 64'in defined width where a lot area of 1.0 acre and lot width of 140'are required;and a variance to Sections 10.22 Subdivision 2 and 10.56,Subdivision) 16(L) to allow hardcover in the 75-250' zone at 28.6% where only 25% hardcover is normally) allowed, subject to the following conditions: 1. Council approval is based on the revised site plan submitted by the applicant with City staff)) annotations, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 6 O - - O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESi;0 NO. — U ® 2 2. Prior to issuance of building permits for the new residence, applicants shall submit an acceptable grading and drainage plan addressing the issues noted by the City Engineer in 's revised letter dated 6-10-03. Such plan shall be approved by the City prior to issuanc of building permits. Applicants shall allow the plans to be reviewed and commented upon by the adjoining property owner at 684 Tonkawa Road;however,it is not subject to veto by he adjoining property owner if it is found acceptable by the City Engineer,except to the ext nt that the plans include improvements to or work within the adjoining property. If additio al hardcover is necessary to deal with routing of stormwater through the site, this applicati n may be subject to further review. 3. Authorities granted by this resolution run with the property not with the applicants,but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval,or the variance will expire on that date(June 23, 2004). 4. Violation of or non-compliance with any of the terms and conditions of this resolution sh ll 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 oft 's resolution and on behalf of the applicants and the applicants'heirs, successors and assi , hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 2003. ATTEST: Li da S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) - Page 4 of 6 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESH0� NO. 5002 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this J3 dayof003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • , . on memo KRISM 8.ANDERSON � NMARYPUBW-MINNES07A Not Public My Ca. roi Ewres Jan.3'i Z,007 t' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this,-lday of . L.mc, ,2 03 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and aid instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-M;NNE^OTA Notary Public Nly Commission Expires Jan.31,2005 Page 5 of 6 0 0 CITY of ORONO ti �0 RESOLUTION OF THE CITY COUNCIL �kESII�4 NO. — c: 002 STATE OF MINNESOTA COUNTY OF HENNEPIN On thisJ�j day of Q,)1�, ,2003, ! o "De personally appeared before me, who is personally known to me �G whose identity I proved on the basis of 7 C- whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. <s. . DENISE M.LESKINEN NOTARY PUBLIC-MINNESOTA / My Cap**n Expires Jan.31,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � On this ,� day of _�1�-t , 2003, personally appeared before me, who is personally known to me whose identity I proved on the basis of OL whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. DENISE M.LESKINEN NOTARY PUBLIC-MINNESOTA t4Catu**nExpiresJan.31,2005 Notary Public Page 6 of 6 r II . Z r 1 2� m Off' Fri X anti'' O� Z cr —1 _0 C7. 0 o nm m � �' N\ CO Z O Ci s Z U) m o z m 7 om w 00, � /�kA� •.� \ • .!Fit \ � I `.. 00. P QahFp Ao. a \ ! • 2¢ 1� �J r� 4 0 ` i / 62 •O O •• •• •• •• •• 7 C O •' TT t w0� �g i o e s s oi.°. b �1':l� .�� •. K6 �L4ti.�,. :' o� 3 v s o s per• � v� to ,1 ,� !y �j p J 1 w p w j. tp w•o' o i awo "• •/ /• Q p • A // CL 3:9L bid g ; � .. 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