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Home My WebLink About#03-2936 Expired Resolution 5033EXP IRED CITY of ORONO RESOLUTION OF THE CITY COUNCIL 50 3Q NO . _____ u::..._ __ A RESOLUTION GRANTING VARIANCES TO MUNICIP AL ZONING CODE SECTION 10.25 SUBDIVISION 6 (b ), SECTION 10.22 SUBDIVISION 2, AND SECTION 10.56 SUBDIVISION 16 (l) FILE NO. #03-2936 WHEREAS, Bruce F . Meese & Maureen E. Murphy (husband & wife), . (hereinafter "the applicants") are the owners of the property located at 313 5 Casco Circle within the City of Orono (hereinafter the "City") and legally described as follows: Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest comer of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219 .07 Jeet, which point is marked by a Judicial La..1dmark set pursuant to Torrens 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 corner of Lot 41; thence Northeasterly to a point on the Northeasterly 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 angle s from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 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 "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Mu..rucipal Zoning Code Section 10.25 Subdivision 6 (b), Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to rebuild a home on the existing lot. /· Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 3 3 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2936. 2. The property is located in the LR -1 C zoning district, which requires a minimum lot area of ½ acre and a minimum lot width of 100 feet. The applicants' property is .49 acres and has a width of 60 feet. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the lot area, lot width and 250-500' zone hardcover variance based on the following findings: a. The property is .49 acres in size when .50 acres is required. b. The property 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 conform to current 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 recom...rnendation 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. 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 variance would not adversely affect traffic _,,.: - Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO ~ ~"'), s1i .r,, . ''"''r>:.» 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, OROER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 10.25 Subdivision 6 (b ), . Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to allow a house to be rebuilt on an existing lot, 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. Approval for hardcover amounts in the 75-250' and 250-500' zones are based on the hardcover amounts listed in the planning report. 22.4% hardcover is aliowed in the 75-250' zone and 37% hardcover is allowed in the 250-500' zone. 3. The excessive hardcover in the 0-75' zone will be reviewed separately and isn't included in this resolution. A resolution addressing the decision on the hardcover in the 0-75' zone will be drafted once a final decision has been made by the City Council. 4. Hardcover in the 75-250' zone shall be limited to 2,369 s.f. or 22.4% 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. 5. 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 (August 25, 2004). , .:,,'•• Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 3 3 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, understood and hereby agree to the terms · of this resolution and on behalf of the applicants and the applicants' heirs, successors a.11.d 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 25 th day of August, 2003. ATTEST: Barbara A. Peterson, Mayor Property Owner( s) ,:r'••· Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUT I ON OF THE C I TY COUNC I L NO . 5() 3 3 The foregoing instrument was acknowledged before me on this ;7"7 1 ay of A,t,c~J-, 2003 b y Barbara A. Pet erson, M ayor of the City of Orono , a Minnesota . municipal corporation and said ins trument w as executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public n, -~_, . A L. The foregoing instrument w as acknowledged before me on this -Zf~ay of ~' 2003 by Linda S. V ee, City Clerk of the City of Orono, a Minnesota munic ip a l corporation and said instrument was executed on behalf of the City. r:-~~~ RP.CHELDODGE ~ ' · ..• -,,.~ NOTARY PUBLI C-MINN!::'.'OTA ~-'< · . ;· My Commission Ex pi res Jan. 31 , 2005 ~ -~ ~~;.-:-,:~~~~__..:!:.,~.?.!.:· Notary Public '· . ... ,.: ... P age 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ;~I :f~ ~~i ~ This instrument was acknowledged before me this __ day of -----2003 by __________________________ ,_ STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of 2003 by Notary Public Page 6 of 6 ----- \ --- 10 I / . I ......... .+ .f'-rn 1 l I I 968.2 ~ OH€. 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