HomeMy WebLinkAboutResolution 3683 O
O O
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
�kESH04 NO. 3 b 8 3
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL, ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B) AND
SECTION 10.22, SUBDIVISION 1
FILE NO. 2104
WHEREAS, Scott and Eleanor Ball (hereinafter "the applicants") are owners of
the property located at 1065 Nest Ferndale Read within the City of Orono (hereinafter "the
City"; and legally described as follows:
Tract A, RLS No. 17721, Hennepin County, (hereinafter the
property"), and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.23, Subdivision 6 (BI to allow construction of a new residence
structure on a lot of 0.88 acres in area where 2 acres in area is normally required. and on a
lot %)f �Xisting width 180' at the shoreline and 163' at the 75' setbac`c line. bot' locations at
:riiakriurn lot width is required to be 200', and a variance to Section i0.2 , :subdivision
1 to allow an average setback encroachment of 13' for the proposed `house and 19' for the
nrot;osed deck where no encroachment is normal—ly allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
\iinnesota:
FINDINGS
1. ":his application was reviewed as ZoninU File 92104.
_. The property is located in the I.R-lA Single Familv Lakeshore Residential
Zoning District and is provided with municipal sewer.
. The Orono Planning Commission reviewed this application on January i6. 1996
and recommended approval of the proposed variances based upon the mllmvi»
findings:
TRANSFER ENTEFEM
Page 1 of 5 HONW94 O"TY TWAYM,SL:RAM
OCT t 81
T Az
B
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CITY of ORONO
RESOLUTIONF THE CITY COUNCIL
9kESH0 NO. 3 6 8 3
A. The existing residence to be removed is non-conforming in that it is less
than 30' from the side lot line and less than 75' from the shoreline of
Lake Minnetonka. Further, the existing hardcover on the property i
excessive as compared to the hardcover limits imposed by the Orono
Zoning Code.
B. The existing residence will be removed and will be replaced by a new
residence structure including decks, sidewalks and driveway, all of which
meet the 75' lakeshore setback, 30' side setbacks and 25% hardcover limit
within the 75-250' lone. The proposed site plan meets these requirements
within the confines of the existing substandard area and width lot. The
property, while in a 2 acre zone, is provided with municipal sewer which
eliminates any concerns about septic system needs.
C. The curved shoreline configuration results in the need for an average
lakeshore setback encroachment of 13' by the house and 19' by the decks.
Neither of the adjacent residence structures will have existing views of
the lake impacted by the proposed construction, and in fact their views
of the lake may be improved by removal of the existing house.
D. The City Engineer has reviewed and approved the proposed site grading
and drainage plans.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant 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 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
Paue 2 of 5
O O
b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��9kE
s H0 NO. 3683
CONCi.CSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow the
construction of a new residence on a lot of 0.88 acres in area where a 2 acre minimum lot area
is normally required, and where existing lot width is 180' at the shoreline and 163' at the 75'
setback line where a 200' lot width is normally required, and grants a variance to Section
10.22, Subdivision 1 to allow average lakeshore setback encroachment of 13' for the proposed
new house and 19' for the proposed new deck where no average setback encroachment is
normally allowed, subject to the following conditions:
1. Applicant shall adhere to the site plan and grading plan attached to this
resolution as Exhibit A and shall adhere to the 25% hardcover limit in the 75-
250' zone per the hardcover plan attached 'hereto as Exhibit B.
2. No variances other than lot area, lot width and average lakeshore setback are
approved with this resolution.
3. Applicants and applicants' contractors shall conduct all hauling of necessary fill
materials on City roads in accordance with posted maximum weights.
Applicants shall provide a map of the haul route to the City for approval prior
to commencing hauling of materials. Applicant shall be responsible for cleaning
the surface of any paved public street that becomes soiled due to the
construction activity on this project. For safety reasons and in times of
inclement weather or early thaw, the City shall have the authority to stop all
hauling activity until such time that the City determines necessary.
4. Erosion control measures shall be in place prior to any grading operations.
subject to review by the City.
5. Authorities granted by this variance 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 this variance
will expire on that date (February 26, 1997).
Page 3 of 5
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 3 6 19 2
6. Violation of or non-compliance with any of the terms and conditions of this
variance 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 themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 26th day of February, 1996.
ATT
or .v M. a i . City Clerk Edward J.. all a , Jr. Mayor
— "A "_ f ---
Property Owner (s)
STATE OF MiIvT-INESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
Februarv, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono. a Minnesota municipal corporation and said instrument was executed on
behalf of t1--e City.
J �
d_
• LINDA S.VEE Notary Public
r GARY PUgL-MINNESOTA
•, HENNEPIN COUNTY
•,.. My Commission Expires Jan.31,2000
Page 4 of 5
0 0
CITY of ORONO
ti
�l� X01 RESOLUTION OF THE CITY COUNCIL
�kESH04' NO. 683
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of_i 199 before me a Notary Public within and
for said County,personally appeared ` LA/ o kl
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.
.LBETTY A. DOWNEY
low
ftaw »+.+..�..�..�..•~� otary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this /�Y 7'1,' day of -�1;'-� _ , 199�v ;before nie a Notary Public within and
for said County,personally appe�ed
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.
AWA'
'I" � JUDY A. ADAMS
r. NOTARY PUBLIC-FPJNwgOTA
r 1 HENNEPIN COUNTYN ry,Public
My COMMINIon Upho JW.3t,2000
Page 5 of 5
w
FRANK R. CARDARELLE Land Surveyor-
(612) 941 -3031 Eden Prairie, MN 55344`
Survey For Scott & Eleanor Ball Book 347 Page 41 File
1065 West Ferndale Road
Orono, MN
Phone: 473-1450 Total Lot Area : 38, 238.5 sa. ft.±
Proposed Grading Plan for New House.
Existing House & Court Area to be Removed.
Basement of Existing House to be Filled
. to Proposed Grade.
Prop. Elev. X xx
Prop. 1st Fl .Elev. 912,:t7
Prop. Gar.Fl,.Elev. 93R S
Prop. Bas.Fl.Elev. 932.5
J Drainage Arrows
/T: 5 �l✓
Scale: 1"=30 ' � �a
• Denotes Iron Mon.:Found ci
�A
i
Description:
Tract "A" R.L.S. No. 1372, `l{
Hennepin County, Minnesota . V
C S
{C ��„
932.1 •�.�'
Gor '�c�. /
939 - r '� 9 '� G° ;
��0 / � � �•9''12 `��� b� 9�9
� i;-oma••• � ,�� c. . •
fo-
�•. Construction to be limited to
1111
court area, existing
�' �� /• �• / drive area and existing house.
✓'/\ y�, y3� / Construction Limits
Existing Topo — . _..
Proposed Topo -- - - -
Fill Old Basement !
(48'x 36, Fill 61 Avg.) 38t cu. yd.
/�. Cut New Basement
`arc A\ ��. _..• �_ ... �3(0, 0 (86' x 32' Cut 4.5' Deep) 501 cu. Yd.
Sand Fill Garage
934 (36, x 24, Fill 31 Avg. )
q6 cu. yd.
9 2 Fill Drive
(501 x 70' Fill 3' Deep Avg. ) 388 cu. yd.
o -
Needed cu. y d. Fill for Job 367 cu. yd.
r 10%
This plan, specification or report was prepared by me or under my direct supervision,
Z and that I am a duly Registered Land Surveyor in the State of Minnesota . Signed this
G 21.2. day of ,C-' 1996.
00
W Frank R. Card'arelle State Reg. No. 6508
RESOLUTION # 683
STATE OF MINNESOTA j
COUNTY OF HENNEPIN j
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the
fforegoing
h recopy of r the do not the f the
City
Council of the City of Orono with the original record held
proceedings of said City Council at a m96tmand°thatsthe same is ad City �ruelland correct
February 26 19 ,
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 3 r d
day of
September 19 96
r 4M. a , City Clerk
(SEAL)
REGISTER D_ ,28
E OF THE REGISTM
OF TITLES
IRMEPIN COUNTY. MINNESM
CERTIFIED FILED ON
®Q OCT 719961
� c
REGISTRAR OF TITLES
Sit- Of�?t�l
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