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Home My WebLink AboutResolution 5231 . � �� O ;�� O ��;a..� C ITY of ORQNO � �, � ..;,-�:� �+ � i�:. �'',� r `'� G�' RESOLUTION OF THE CITY COUNCIL L�kESYi04�' NO. �� r, r� A RESOLUTION GRANTING VAItIANCES TO MUNICIPAL ZONIVG CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-3050 �VIIEREAS, Michael P. McClelland and Jeanie L. McClelland, l�usbat�d and wife (hereinafter "the applicants") are the owners of the property located at 2170 Miiuzetonka Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 4, 5, and 6, Blocic S, Monterey on Miiuzetoi�ka EXCEPT tize North 12.00 fzet of said Lots 4, 5, and 6, Hemiepin County, Mirulesota (hereinafter the "property"); and tiVHEREAS, the applicauts have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-420 Subdivision B for the constructioi� of a new single family residence on a lot 0.56 acre in area and 175' in width where 2 acres in area and 200' in width are nonnally required. NOW, THEREFORE BE IT RESOLVED Uy the City Council of Orono, Miiuiesota: FINDINGS 1. This application�vas reviewed as Zoning File#04-3050. 2. The property is located in tlze RR-1B, One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The Plannin� Commission reviewed this application at a public hearing held on September 20, 2004 and recommended approval of variances based on the following findings: a. The applicants' property is 0.56 acre in area and 175' in width. Page 1 of S - �o� 0 0 � CITY of ORONO � ,� ., � � , � ti ti RESOLUTION OF THE CITY COUNCIL �L�9.lrf p4�'�'G NO. ESYi b. The applicants' proposed home will meet RR-1B Zoning District standards with regard to hardcover, setbacks and lot coveraje, and no variances other than lot area and lot width are required. c. No additional land is available for acquisition by the applicants to malce the property confonning in area or width. d. The propei-ty is sei-ved with municipal sewer and contains an existing residenee. e. The property is located witlun a small lot neighborhood in the RR-1B Zoning District and is similar in size to many of the lots in this neighborhood. 4. The City Council has coilsidered this application including the findings and recoimilendation of the Plamiing Cominission, reports by City staff, comments by the applicants and the public, and the effect of the pro�osed variance on the health, safety and welfare of tl�e community. 5. The City Council finds that the conditions existing on this propeity are peculiar to it and do not ap�ly generally to other property 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 neighboriug property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a denionstrable hardship or difficulty; is necessary to preseive a substantial property riglit of the applica�its; and would be in keeping with the spirit and inteizt of the Zoning Code aild Comprehensive Plan of the City. . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Mu�iicipal Zoning Code Section 78-420 Subdivision B to allow a new single fainily residence to be constructed on a lot 0.56 acre in area and 175' in width where 2 acres and 200' are nornially required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and aiuiotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 �°� 0 0 l CITY of ORONU ,� : ;�. �.�, ti ti RESOLUTION OF THE CITY COUNCIL �L�9 p4��'G NO. � �' � �; kESI'i amendments to the site plan �vhich are not in confomiity with City codes will require fiu-ther Plannin� Conzrnission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 2,185 s.f. or 25% and hardcover within the 250' — S00' setback zone shall be limited to 4,637 s.f. or 30% as pennitted by City Code. Applicauts are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover aUove the allowed limits will not likely be approved without concun-ent reduction in existing hardcover. 3. Applicauts shall remove all plastic or fabric liner niaterial fi�om the dccorative landscape beds on the propei-ty to ensure their penneability as non-hardcover surfaces. 4. Requircd removals of structure and hardcover shall Ue completed by the footing inspection. 5. Authorities grauted by this resolution iun with the property not with the applicants, but are pemzissive only and must be exercised by obtaininj a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (Septenlber 27, 2005). 6. Violation of or non-coinpliauce with any of the terms and conditions of this resolution sl�all coustitute a violation of the zoning code, shall automatically terminate aiiy autliority granted herein, and shall be punishable as a misdemeanor. 7.- The undersigned applicants have read, understand and hereby agree to the tenns of this resolutioii aud on behalf of the applicants and the applicants' heirs, successors and assi�Zs, hereby agree to the recording of this resolution in the chain of title of tlle property. Adopted by the Orono City Council on the 27`�' day of September, 2004. ATTEST: � - � ��e�� ;��.�:d . ,.�//.�7�'a- Linda S. Vee, City Clerk Barbara A. Peterson,Mayor Paje 3 of� � �O� O � � s CITY of 4RON0 � .�.;:. � ti ti RESOLUTION OF THE CITY COUNCIL �� p'�'�G N 0. �' � � � kESYi J' � / � ! • ^ n ,9 �' , , - ,y -'—"�' '' i rl '1 L,t 'l,� •l Property Owner(s) �� STATE OF MINI�TESOTA COUNTY OF HENNEPIN � _,�= c`��/:u•. The foregoin� instnunent was aclazowledged before me on this�-'?�t�' day of �e�1:em�U-er, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instnunent was executed on behalf of the City. , - _ ;� . ..,�... �,�,.' r�r,� .J �i-L....`'--� f Ly , '` '' L1�dDA S.VEE Notary Pc�blic � A10T^;Y PUuLIC•M1NP,cSOT,1 �� •, h J Commi7 io i�r,�ir s Jan.�1, J5 ( �v� �:� '+-:�-a-y ..✓..._� ...,_.,»r . �.:'�.'-�_i. STATE OF MINNESOTA COUNTY OF HENi�EPIN The fore�oin� instnure»t was acknowledged before rne on this y��day of �:'C. ��'9;�_"'; , 2004 by Linda S, Vee, City Clerk of tlle City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ..� .. � - . .�.,..v.7"� ;x^9�'+r+"�^w""Y+,"s'�rr��: ..a:+v'---. �� :' . . ;. ' . ^ : . i� . . � ..�' � �`"^1,rmL B�'^('`,_" J� �t__.l. �_ \._:� �_.�`� �. �,�_.__ .z�. ��.., � r,,^-,.-;�r^usuc•r;,,i:>. ...-;a Notary Public ` ,:';�Cammssion Ex�ires Ja�,a i,%C�:° .�..,.. _r,..,.. .��.. Page 4 of 5 , �o� 0 0 � � C ITY of ORON4 ,� .,.,. �. �a � ti RESOLUTION OF THE CITY COUNCIL �L`9kESI'iOg'�G NO. n�s. � � � STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was ackilowledged before me tliis �day of r!;.=,::�:-;;.._ ;� , 2004 by Michael P. McClelland, husUand oF 7eanie L. McClelland. '7 ' � � ';s, G��t1SE M.LESK�iSG��J � ' i' `' ` / ' ,� � j , , �� I�-, � � r-.__----_..._.._ , � z NOTP,RY PUBLIC•MlTd°7�SOTA � � � / � . � � Y�.'•� Ny f,omcri�i�n ExP�res 1 � 31,�c�>,,'. Notary Public 1 4. _, '�"'� . .� '�T J r.,l� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged Uefore me this"I' day of f;r�� ';:��:,;- , 2004 by Jeanie L. McClelland, wife of Michael P. McClelland. . '' �,�.., ��" ` �� ,` ;,: ..1 F�. � �� DCNIS�M.LESKlI�EP! ?.� / �=l✓��t:;''±..�� _�.�.�._._.---�-._ �t��_:- NQTAP,YPUflLIC Mir�`�:��or�a �'. Notary Public �, . ,� t.r.,r;,,..... . . .. . - . ... Paae 5 of 5 . . � � � � � CERTIFICATE OF SURVEY FOR JEANIE McCLELLAND IN LOTS 4, 5, & 6, BLOCK 8, MONTEREY ON MINNETONKA , HENNEPIN COUNTY, MINNESOTA i 50 � �.) � � ____�_�_��___..��___o—___ f--- Q� S 89° 21'08" E G� 175.0 � -- �,\ sss.sl fa�y �+ '' ' I �� '�' ► ��' ; i I �� W y �' � �' a: '• I �� ° � ; � N � Y: I I � � b � b I D I � I ' � , , I � �''•bETBACK � .�+ I 12" LINE '" � ' PRO705£D i 7 (958.4) . D� / �a . Mopie y �y �d � I � o .................................. a� W I 5.. � � ��° � � PROPOSED �� 0 � PROPOSED� HOUSE o � '' m G,�,,�.o ,� O (sse.ef � ....i3:i.." � �. i � q2170 � i � !'� I BO 3� I YS6�) W i PROPOSED � � � � lose.�) ; I �" � .-r � �RIVEWAY: �(an.» p . I � o o i o ;� I '•.SS I c 0 Z i I I � I I nop N 20"ras�i�♦ 50 � A� �'�' N 89° 25'02" �Y 175.00 meas. 176.0 toei.) (aeia> a coeiu, MINNETONKA AVE, ,ao, „oo, p a (aeu) LEGAL DESCRIPTION OF PREMISES ; Lots 4, 5, and 6, Block 8, MONTEREY ON MINNETONKA, , ., EXCEPT the North 12.00 feet of soid Lots 4, 5, ond 6. o : denotes iron morker , ._ �9B1,g); denotes existing spot elevation, mean sea level datum � 97a,� ; denotes existing contour line, meon sea level datum �� . Bearings shown are bosed upon an assumed datum. :,�,;_ Lot orea = 24,200 sq. ft. �� -.: ,. This survey intends to show the boundaries of the above described property, • - and the proposed location of a proposed house thereon. It does not purport ` to show any other improvements or encroachments. � ,_ � G R O N B E R G A N D direct supervflslona and that eam a dulyPagisterbed C'ivil Engin er � �-30 A S.5 O C I AT E 5� 1 N C. and Land Surveyor under the laws of Ihe State oF Minnesota. onre CON9llLTIN6 ENGINEERS� 5—�6-04 LAND SUIiVEYORS� � JOBNO. AND 81TE PLANNER9 7,,d� �� na u 1nm�[N�lORIVE LONO WCE�MN. �,e ...,...�e.,, Rnm�aer.Fa Lieense Number 12755 04-337