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Home My WebLink Aboutres46443434877 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 4 A RESOLUTION APPROVING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 01-2664 WHEREAS, Mitchell D. Olson and Kimberlee M. Olson, husband and wife , (hereinafter "the applicants") are the owners of the property located at 3265 Carman Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Block 1, Carman Cove , Hennepin County, 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) to allow 3,280 s.f. (20.9%) structural lot coverage where 3Al6 s .f. (21.8%) exists and 2,352 s.f. (15%) is allowed; Section 10.22 , Subdivision 2 and Section 10 .56 , Subdivision 16 (L)(2) to allow 4 ,501 s.f. (52.2%) hardcover in the 75-250' setback area where 4 ,685 s.f. (54.4%) exists and 2 ,152 s.f. (25%) is allowed to pem1it construction of an attached garage on the street side of the residence. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 16, 200 I, at which time all persons desiring to be heard conc erning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Metro Legal Services Inc. FINDINGS Box 491 I. This application \Vas reviewed as Zoning File #01 -2664. 2. This property is located in the LR-1B Zoning District, where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .36 acres or 15 ,679 s.f. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 4 3. The Orono Planning Commission reviewed this application on April 16, 2001 and recommended approval by a vote of 5 to 0 . 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is decreasing from 3,416 s.f. (21.8%) to 3,280 (20 .9%). B. The hardcover in the 0-75' setback zone is decreasing from 584 s.f. (8.3%) to 288 s.f. (4.07%). C. The hardcover in the 75-250' setback zone is decreasing from 4,685 s.f. (54.4%) to 4,501 s.f. (52.2%). D. The proposed reductions in hardcover and structural coverage are in addition to the areas which were to be removed ay a prior owner under the terms of a prior variance and which the current applicant has agreed to remove . E. The lot is extremely undersized for LR-1B. F. Massing is not an issue . The garage addition is on the street side of the residence and the two adjacent properties will not be adversely affected by the addition . G. The residence was built prior to cmTent zoning standards being adopted. 5. 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 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. 6. The City Council has considered this application including the findings and Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 4 .->- 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 Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow 3,280 s.f. (20.9%) structural lot coverage where 3,416 s.f. (21.8%) exists and 2,352 s.f. (15%) is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 4,501 s.f. (52 .2%) hardcover in the 75-250' setback area where 4,685 s.f. (54.4%) exists and 2 ,152 s.f. (25%) is allowed to permit construction of an attached garage on the street side of the residence . Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. A suitable drainage plan shall be submitted by applicant and approved by City staff prior to issuance of a building permit. All landscape fabric /plastic on the property and decks (as shown on Exhibit A) shall be removed prior to final inspection. Upon completion of the project the hot tub shall be located on the deck adjacent to the pool so as not to constitute a separate item of hardcover. 3. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 23, 2002). 4. Violation of or non-compliance with any of the terms and conditions of these variances shall 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 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. Page 3 of 6 Property Owner (s) ST A TE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 4 Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC· MINNE~OTA My Commission Exphl Jan. 31, 2005 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this .,9 7 ~u, day of f--fa iqu <, f-, 2001, before me a Notary Public within and for said County, personally appeared / r7 / / r· /o l I I [) 0 IS c fl ,. //re-:::, 171 ec( 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 . RACHEL DOOGE NOTARY PUBLIC . MINNE~A My Com mission Expires Jan. 31 , 2005 Notary Public Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this d l ·l" 1 day of /·~L( CJ w s--1 , 2001, before me a Notary Public within and for said County, personally appeared 6 , n l [-x-"'r I e--c~ /'11 , G /Se n , \ \ Y \. n~·, ~d 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 Page 5 of 6 \ Exhibit A __ / .. . CERTIFICATE OF SURVEY FOR MITCH OLSON / i f • g w LEGAL DESCRIPTION Of PRE~USES Lol 5, Block 1, CARMAN COVE o : denotes iron marker t-' ,, OF LOT 5, BLOCK 1, CARMAN COVE HENNEPIN COUNTY, MINNESOTA LAGOON ........... -929.< CONTOUR LNE \ (9.C.5.-t ): Exi sting spot elevation, mean sec le vel datum Se arings shown ore based upon on ossurned datum. This survey intends to show the boundories of the ob o ..,~ describe,1 property. the location of on exi sting house, o~d the location of c,11 visible ''hardcover .. thereon. It does no t purport to show any other improv ements or encroachments. Af,,,,I COFFI~ & GRONBERG, l~C. I KRCIT CVtTf"T 1)1.A T MS P\.IJ,\ SP(a'CA TCM. Cll!: lt(PC,Mt 'WA~ ""'°'ARCO 11T WC OR UCO IN DRCCJ 5LPOMSOt NO TkA t I N,,J A D.1. T u:ocsa, PWCF"[S'SOtAL 00,C (J: NCI LAHl 9Jll'A:rult UCO t)( LU'S fl M STAT( Cf liNOOIA. wstnc oam>s. lH<l =aas. m PU>W<S 4152 t>J.WtAO< AVOU'., lOt-C LAl<t. ~ ~ 1512-47.l-'4 14 I 1-.... -T[L~~~rE..,_--"'~~d:.:::!;;L' -, -7-,;-,-1 00-1!!>. Page 6 of 6 -::ff Of -;;J lo lo~ ?ec.'d L//5/o; {°'-r- 'JJ ~ C"; ~ ~ . 3434g•~f'7 /tJ3 19;2"J OFF IC~ OF111E REGISTRAR ;OD Qf" TITLES HENNEPIN COUNTY, M!NNESOTA cur:W '~D c.iLED ON SEP 2 0 2001 ,md,,-/,t1d,,,,"'4f 4r REGISTAAF! ~ ·i 'IT BY~I LES . · · · . 0 5PlJ TY )~ L/1 ;-o-<)