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Home My WebLink About#05-3110 Recorded Resolution 534211111111111111 111111 Doc No 8642301 08/26/2005 04:02 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 18 TranslD 134753 Fees $35 .5 0 DOC $10 .50 SUR $2 .00 COPY $48.00 Total I ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________ $_4!_2_-_ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) and 78-1288 (A) & (B) FILE NO. 05-3110 WHEREAS, Thomas R. Browne and Sheila R. Browne, husband and wife (hereinafter "the applicants") are the owners of the prope1iy located at 760 Brown Road South within the City of Orono (hereinafter the "City") and legally described as follows: The South 396 feet of the West Half of the Southwest Quarter of the Southeast / .Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT the South 93 feet thereof, 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 Section 78-1279(1) to allow construction of a 233 s.f. garage addition and a 2nd story bathroom window dormer within 100' of the OHWL of Tanager Lake where no structure is normally allowed; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288 (A) & (B) to allow hardcover within the 75'-250' zone at 2,794 s.f. or 18% and hardcover within the 0-75' zone at 5,129 s.f. or 21 %. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File 05-3110. 2. The property is located in the RR-lB One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3 . The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of the variance to Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No i O 4 )J, • Q,]J v~7':) Municipal Zoning Code 178-1279(1) for construction of the 2nd story dormer within the required lake setback based on the following findings: a. The applicants' property contains 0.9 acre or 39,500 s.f. of property area above the 929.4' elevation (a total lot area of 196,700 s.f. or 4.5 acres including area below 929.4') and has a total width of 355.8'. b. There is no additional land available for acquisition by the applicants to make the property conforming. c. The applicants' entire home is within the required setback from Tanager Lake, and any expansion requires variances. d. The proposal will not have a negative impact on light, air or open space within the neighborhood. 4. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended denial of variances to Municipal Zoning Code Sections 78-1279 and 78-1288 Subdivision A to allow construction of a garage addition within the 0-7 5' setback zone based on the following findings: a. The construction of the addition would have a negative impact on light, air or open space within the neighborhood. 5. The City Council reviewed this application at a public hearing held on June 13, 2005 and approved variances to Municipal Zoning Code Sections 178-1279(1) and 78-1288 (A) & (B) for construction of the 2 nd story dormer and garage addition within the required lake setback based on the following findings: a. The proposed garage addition will be constructed over existing driveway hardcover. b. The dormer will be constructed within the existing footprint of the home and will meet the height requirement. c. The applicants have proposed hardcover removals within both 0-7 5' and 75'-250' zones. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL I:. tl"Jl A '0 NO. t1 QJ at <cil 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other prope1iy 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 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 grants a variance to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1288(A) & (B) to allow hardcover at 18% or 2,794 s.f. within the 0-75' zone and hardcover at 21% or 5,129 s.f. within the 75'-250' zone in conjunction with construction of a 233 s.f. attached garage addition and 2nd story bathroom window dormer, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require fmiher Plam1ing Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2,794 s.f. or 18%. Hardcover in the 75-250' zone shall be limited to 5,129 s.f. or 21 % per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants 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 will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _____ $ ___ 4~:~ __ '. _ 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces prior to the construction of the 2nd story dormer. 4. Required removals of excess driveway hardcover shall be completed by the footing inspection for the attached garage addition. 5. Authorities granted by this resolution run with the property not with the applicants, but are pe1missive 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 27, 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27 th day of June, 2005. Barbara A. Peterson, Mayor Page 4 of 6 ST A TE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 34 i The foregoing instrument was acknowledged before me on this ;) 1 day o(f~ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN /l The foregoing instrument was acknowledged before me on this _ day of ~~-2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ~~~~!c~~i:Z:~~~~~~ ~ RACHEL DODGE ~ NOTARY PUBLIC-MINNESOTA ~j _ My Commission Expires Jan. 31, 2010 ~2~8e'<~~~~~:i'aa~~~ ! ;} ( ' -/";;-~ c~:,t_ - Notary Public c,\.-e_/C /) D c/·c[:)l __ (J Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. C 34 2 This instrument was acknowledged before me this L a ay of ~ e.. · ./,-· , 2005 by Thomas R. Browne, husband of Sheila R. Browne. v RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2010 ST ATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this JL day of .:tu k,.,\ by Sheila R. Browne, wife of Thomas R. Browne. , 2005 DENISE M. LESKINEN NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31 , 20!0 C~-....... Notary Public Page 6 of 6 . -~ ~~~~ ·"' ,,: o<'~. . "' It) * '-~ '- "' .\ fXtht?, 11 A \ "'\\ \\ \ \ \ :•,:,; EX ls T 1G \ \ \ ··········· 929.4 co~mi ... '.'.,;f.! \ 1ousE ;;p~o \ o-1e;,' ~ 5,/21sf- vv-;z.J I> 111 ,c; '_ 2SD'-:::: 2-"1 q 4 a:. J $ o/" r. EXISTING~ I SHED - •••••••• ••••.•••••••••.•••••• 55.1 ································'--''~~ . 1~1 ·: . •. STONE \ BORDERS .... o' 16.3. DECK ROCK oN PLASTIC \ CONCRETE \ PATIO \ \ · \ \ tn \ \q \ \~ \ \i~ BOULDER BOf«R \0' \ \ \ \ \ \\ 1t,tfiO~. '----+---......J-Q{· V \/ \t \/ \<".,-· .... 7 5' I I I I I \ \ FIRE RING SETBACK LINE SURVEY··········~ LINE \ \ ;',.