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Home My WebLink About#06-3224 Recorded Resolution 5518111111111111 II 1;;;1 II Doc No 4359703 02/21/2007 09:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 292650 New cert Cert 814909 6(o--32Z-4 Deputy 40 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 & 78-1288 FILE NO. 06-3224 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ----.5-t-.+-5-+1-8-' - A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 & 78-1288 FILE NO. 06-3224 WHEREAS, Thomas Lowe and Rebecca Lowe, husband and wife (hereinafter "the applicants") are the owners of the prope1iy located at 3295 Carman Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 8, Block 1, Cannan Cove, 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 78-330 to allow construction of a new home on a lot 0.45 acre in area where 1.0 acre is required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 42% hardcover within the 75' -250' setback zone where 25% is nomrnlly allowed in conjunction with the construction of a new single family home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3224. 2. The prope1iy is located in the LR-lB Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on September 18, 2006 and on a vote of 3-2 recommended approval of the lot area variance and approval of the hardcover variance not to exceed 40% within the 75' -250' zone based on the following findings: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 1 8 a. The property contains 19,917 s.f. in area and has 147' in width at the OHWL and 114' in width at the 7 5' setback. b. The lot is substandard in area and a residence has existed on the prope1iy for many years. c. There is no additional land available to bring the lot width or lot area into confo1mity. d. The hardcover ifreduced to no more than 40% of the 75'-250' zone will be in line with the levels of hardcover vaiiances approved on rebuild applications with similar lot conditions. The proposed residence meets the structural lot coverage limitation of 15%. e. The proposed structure complies with all lake yard, side yard, rear (street) yard, and average lakeshore setback requirements. f. The reverse pie shape of the lot warrants additional hardcover within the 7 5 ' - 250' setback zone. g. The applicants have proposed a 2-story home with a basement meeting the City's definitions. The lowest floor elevation has been proposed at 945 .25' with an adjacent walk-out (lake side) ground level of 946'-946.25' to avoid excavation within the 0-75' zone. This "step up" walkout arrangement will require careful design to avoid flooding. 4. The applicants subsequent to Planning Commission review have submitted a revised proposal for 39.3% hardcover in the 75 ' -250' zone. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, repo1is 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. 6. 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 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 Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 1 8 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 Section 78-330 Subdivision B to allow redevelopment of a lot 19,917 s.f. in area where 43,560 s.f. is nonnally required and a variance to Orono Municipal Zoning Code Section 78-1288 to allow 39.3% hardcover where 25% is nonnally allowed, 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 further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 232 s.f. or 2.3%. Hardcover in the 75-250' zone shall be limited to 3,854 s.f. or 39.3% 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. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their penneability as non-hardcover surfaces. 4. Required removals of structure and hardcover to be removed shall be completed prior to the framing inspection for the new residence. 5. The applicants are advised to carefully design the site drainage to avoid flooding of the basement level. 6. Authorities granted by this resolution nm with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new constrnction within one year of the date of Council approval, or the variance will expire on that date (October 9, 2007). Page 3 of 5 } CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 1 8 7. Violation of or non-compliance with any of the tenns 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. 8. 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 9th day of October, 2006. ATTEST: Linda& Vee, City Clerk ') I STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this ~ day of aJ!,/4..J , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 1 8 fh The foregoing instrument was acknowledged before me on this / J. day of /Q t! fo.b-4 /2...,, 2006 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. RACHEL DODGE NOTARY PUB LI C -MINNE SOTA My Commiss ion Expires Jan. 31, 201 0 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public 0 This instrument was acknowledged before me this /..2:... day of f lctr l1 b(1 , 2006 by Thomas Lowe, husband of Rebecca Lowe, DENISE M. LESKINEN NOTARY PUBLIC -MINNESOTA My Co mmi ssi on Expires Jan. 31, 20 10 STATE OF MINNESOTA COUNTY OF HENNEPIN ,...., /; ,'11 /) Ut 1U/M _/:;;:---- Notary Public ' o2D07 This instrument was acknowledged before me this .1?_ day of ~• -zOOll by Rebecca Lowe, wife of Thomas Lowe. BARBARA G. SILUS NOTARY PUBLIC -MINNESOTA My Commissio n Expi res Jan 31, 200B .-...,.::; .~.,,.. Page 5 of 5 --------9~------.,,. --------~----------- \ (.90S,3): ~: 5 5 1 8 I I \ I I I \ \ \ I I I I I I l I ) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION# 5518 I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on October 9, 2006 , and that the same· is a true and conect copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this -~ll~t=h __ day of October , 2006. ~-Vee, City Clerk