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Home My WebLink About#04-3047 Recorded Resolution 52534100919 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 ~ 3 A RESOLUTION GRANTING RENEW AL VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. #04-3047 WHEREAS, Bruce F. Meese & Maureen E. Murphy (husband & wife), (hereinafter "the applicants") are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the "City") and legally described as follows: Lot 41, that pa1i of Lot 64, that paii of vacated Lake Shore A venue, and that part of the tract of land between said av enue and the shore of Lake Minnetonka, all described as beginning at the N01ihwest comer of Lot 41, which point is marked by a Judicial Landmark set pursuant to Ton-ens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked by a Judicial Landmark set pursuant to Tonens Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence North to the Northeast comer of Lot 41; thence Northeasterly to a point on the No1iheasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly comer of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24 .00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Ton-ens Case Number 16333; thence Southwesterly along said parallel line a distance of 68.94 feet, more or less to a point 4 .00 feet . Southwesterly along said parallel line from its intersection with the extension North of the West line of Lot 41, which point is marked by a Judicial Landmark set pursuant to Tonens Case No. 16333; thence Southerly a distance of 51.35 feet , more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the "prope1iy"); and WHEREAS, the applicants have made application to the City of Orono for renewal variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 in order to rebuild a home on the existing lot requiring approval of a lot area variance to permit a lot area of 0.49 acres when 0.50 areas is normally required, lot width to permit a lot width at the shoreline and 75 foot setback of 60 feet when 100 feet is normally Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 1£. ~. ~tf!,..,, NO. _______ _ required, and hardcover variance to pe1mit 37% hardcover within the 250' -500' zone when 30% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This renewal application was reviewed as Zoning File #04-3047. The original application was reviewed as Zoning File #03-2936. 2. The property is located in the LR -lC zoning district, which requires a minimum lot area of one half (½) acre and a minimum lot width of 100 feet. The applicants' property is 0.49 acres and has a width of 60 feet. 3. The Plaiming Commission reviewed this application at a public hearing held on September 20, 2004 and recommended approval of the renewal variances for lot area, lot width and 250'-500' zone hardcover variance based on the following findings: a. The prope1iy is 0.49 acres in size when .50 acres is required. b. The prope1iy has a lot width of 60 feet at the shoreline and 75' setback when 100' is required. c. Because the lot is being reviewed as a rebuild, the lot must confom1 to cunent Zoning Ordinance standards or a hardship shall be presented. d. Due to the configuration of the lot, minimal area exists in the 250' - 500' zone, hence a variance to allow excess hardcover for the proposed detached garage is not reasonable. e. Because of sight visibility problems on Casco Circle, a turnaround is necessary to safely exit the drive. 4. 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 renewal variance on the health, safety and welfare of the community. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 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 renewal 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 prope1iy 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 renewal variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 in order to rebuild a home on the existing lot requiring approval of a lot area variance to permit a lot area of 0.49 acres when 0.50 areas is normally required, lot width to permit a lot width at the shoreline and 75 foot setback of 60 feet when 100 feet is normally required, and hardcover variance to permit 37% hardcover within the 250' -500' zone when 30% is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and am1otated 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. Approval for hardcover amounts in the 75'-250' and 250'-500' zones are based on the hardcover amounts listed in the planning report. 25% hardcover is allowed in the 75'-250' zone and 37% hardcover is allowed in the 250'-500' zone. 3. The excessive hardcover in the 0-75' zone was reviewed separately and isn't included in this resolution. A separate resolution addressing the City Council decision on the hardcover in the 0-7 5' zone was also renewed as part of this renewal application. 4. Hardcover in the 250'-500' zone shall be limited to 2,333 s.f. or 37% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. The revised grading plan that was submitted as part of the renewal variance depicts a hardcover level of 43% in the 250'-500' zone. This hardcover level is not Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No ~ 0,) ~ d,'\) , cu 1k' '<# cti; approved as part of the renewal variance , only the original 37% is approved .. 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 concun-ent reduction in existing hardcover . . 5 . The renewal approval is based on the grading plan included in the attached Exhibit A. The applicants will be required to comply with this approved grading plan upon construction of the home. The City reserves the right to require amendments to the approved grading plan at the time of construction . 6. 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 (November 22 , 2005). 7. 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. 8. Barbara A. Peterson, Mayor Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL N:uc The foregoing instrument was acknowledged before me on this1l_ day of ri ao b= 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was execlttea. on behalf of the City . If~ . ~y~'7\ ,, •~, ... ·c .. --=.~, ~.:~-:>. •. •'· ~~'!.' ~--.::-~~~,c;.. __ .• STATE OF MINNESOTA COUNTY OF HENNEPIN ., ..5 The foregoing instrument was acknowledged before me on this l 5+ day of De.c.e.m kc/); 2004 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. l~~-~ e e 2 !2;;: H 9i 23 ee--•,~~r , ''\ RACHEL DODGE ? , } NOTARY PUBLIC· MINN ESOTA I ,. My Commission Expires Jan. ::11, 2oor, / Notary Public -. ...:..:..:a?:<'~~;,l,.c'.'.'.;., Page 5 of 6 State of Minnesota ) ) ss. County of Hennepin ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL 1 2 ~ t " NO. -"'' .;J! /~ This instrument was acknowledged before me this 8+½J.ay of Qe~2004 ·by Brt.1Ce F ~ Meese, husband of Maureen E . Murphy. · e BARB ARA G. SILU S MOT AR.Y PUBLIC -MIMNESOT1\ My Commi~sl on Expire5 J:in . 31, 2000 State of Minnesota ) ) ss. County of Hennepin ) otary Public ,cJ This instrument was ·acknowledged before me this~~ day of [)ece~ 2004 by Maureen E. Murphy, wife of Bruce F. Meese. BARB ARA G. 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