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HomeMy WebLinkAboutResolution 3540 V O CITY of ORONO RESOLUTION OF THE CITY COUNCIL a - �► ,0 a No. �5 4 - ti Og�G ESI A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND SECTION 10.23, SUBDIVISION 6 (B) DILE NO. 1997 WHEREAS, Jon i ebedoff and Sally Mitchell Lebedoff (hereinafter "the applicants ) have an interest in the property located at 1101 Ferndale Road West within the City or Orono and legally described as follows: Tract I3, Registered Land Survey No. 902, Files of the Registrar of Titles, County of Hennepin, 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), Section 10.22, Subdivision 1 (13) and 2 and Section 10.23, Subdivision 6 (13) to permit construction of a riew principal structure on a property that is 8,481 s.f. in area where 87,120 s.f. ()I- two acres is required, on a lot that measures 58' at the 7.5' setback and 72' measured in a straight line at the lakeshore where a 200' sctbacl: would he required. The structure is to be located V from the west side lot line where a 10' setback is required and structure will be located 42.5' from the street lot line where a 50' soback is required. Per Section 10.22; Subdivisions 1 (B), the residence structure will be located 20' from the main lake and 75' from the lagoon at the north side where a 75' sclback is required; per Section 10.22, Subdivision 2, hardcover within the 0-75' setback area is proposed at 3,800.2 s.f. or 52.6% where none is allowed and within the 75-250' setback area, hardcover is proposed at 861.3 s.f. or 67.8% where 25% is allowed and where 100% exists; and per Section 10.03, Subdivision 14 (C) the new construction will require a structural coverage variance proposed at 2,345 s.f. or 27.6% where 1,500 s.f. is allowed. NOW, T11EREFORE, BE IT RF-,SOLVED by the City Council of Orono, Minnesota: FINI?INGS 1. `I'Ws application was reviewed as Zoning File #1997 7. TRANSFER ENTERED HENNEPIN WMTY TAXPAYER*"M Page 1 of 6 JUN 6 1995 BY F"5005 DO0,oW O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Q 54C ti ESH 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring two acres in area. The property consists of 8,481 s.f. or .194 acres. 3. The Orono Planning Commission reviewed this application on February 22, 1995 and recommended approval of the variances as amended, based upon the following unique findings and hardships: A. The property is .19 acres and subject to 2 acre setback standards. B. The substandard parcel is subject to restrictive lakeshore setbacks at both the north and south sides. C. The property has been approved for sewer and assessed one sewer unit. D. The building/structural footprint has been reduced 168.8 s.f. and total hardcover on the property has been reduced from 69% to 52%. L. The structure cannot be moved closer to east lot line because of the 931.5 flood plain contour. The Orono Code does not allow excavations or filling within the flood plain. l:. The proposed improvement would be consistent with the recent improvements of older properties within the West Ferndale neighborhood. G. Per Ceil Strauss' letter of March 20, 1995, the DNR will allow a 20' setback from the main lake for new construction because of the drainage pattern of the property. 4. Tile 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 rn�t 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. Page 2 of 6 F—mss Disk 0— O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3540 �9kEts8o4� 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections listed above to permit the construction of 38.6' x 60' two story residence and granting approval of a 78,639 s.f. or 90.2% area variance, a lot width variance of both 71% and 64%, west side lot line variance of 9' or 90%, a street setback variance of 7.5' or 15%, lakeshore setback variance at the main lake of 55' or 73.3%, hardcover variance within the 0-75' setback area of 3,800.2 s.f. or 52.6% where none is allowed a hardcover variance within the 75-250' setback area of 544 s.f. or 42.8% and a structural coverage variance of 845 s.f. or 9.9%, subject to the following conditions: 1. Upon application for a building permit, applicant shall provide detailed grading and drainage plans to ensure there is no impact upon the flood plain of Lake Minnetonka located at the 931.5 elevation. Erosion control shall be maintained on the property until all disturbed areas are restored to natural groundcover. 2. All hardcover scheduled for removal as shown on page 6 of this resolution shall be completed prior to the footing inspection for the new construction. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by applicant presenting a complete application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 13, 1996).. 4. 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. Page 3 of 6 Fpm 5OD5 Disk Om .� o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3540 ti ESH 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of March, 1995. A' ST: Is- r thy M I llin, City Clerk Edward J. Call an, Jr., Mayor Estate of ` G. Mi 11 BY -- Pr p rty O ncr (s) ert G• Nii�ell, Jr. Personal Representative STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, it Minnesota municipal corporation and said instrument was executed on behalf of the City. • LINDA S.VEE --- :.. NOIARYPUBLVANNESM Notary Public • HEN NEPIN COUNTY '�, .. My Commission Expires Jan.31.2000 Page d of 6 Form 5W5 Disk Orono O CITY of ORONO O � O RESOLUTION OF THE CITY COUNCIL NO. 3540 ti ESS STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) — On this 5— day of 199 5 before me a Notary Public within and for said county,personally ap eared Jon Lebedoff and Sally Mitchell Lebedoff 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. fDELI.JFL p�w•�NIEB�TA �',�� _ � NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Un this � ' day of 1995 before me a Notary Public within and for said county, —INI)appeared Robert G. Mitchell, Jr., 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. *Personal Representative of the Estate of Robert G. Mitchell, deceased, on behalf of the Estate, s" MARY S.WILSON NOTARY- BLIC y NOTARY PUBLIC-Mm AWA HENNEPIN COUNTY VjCwafts ExP1N$Jan.31,2= Page 5 of 6 F"5005 Disk Dim r RESOLUTION # 3540 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 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 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 1meeting eeti and that the samaid lty e is at rues uncil held on Marand correct ch 13 - �-- 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 27th , day of March , 19 95 Dorothy M. Ham City Clerk (SEAL) i 3 540 - a � NOI / T 19.00 .� ZZ-00 '' �ryoo ac5r'O _ 3r•�o - 1h c ve 4.0 O AO AOry j e Onto , 63,0 N� t! \ !71.05 oil 11,11114ti. Page 15 of 6 2631630 . REGISTERED VOL=PAGE 67-8 X80 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY,MINNESOTA CERTII°Ir;- Fp!_ fl nl\I AN 2 o"P., By �6 M.S. 524.3-601 . UNSUPERVISED STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT COUNTY OF HENNEPIN PROBATE COURT DIVISION File No. P8-94-1043 In Re: Estate of LETTERS TESTAMENTARY Robert G. Mitchell. Sr.. Deceased The above named decedent having died on May 11, 1994-,'and Robert G. Mitchell, Jr., of Hennepin County, Minnesota, having been appointed and qualified is hereby authorized to act as personal representative according to law. i ated: June 3. 1994 ' (COURT SEAL) ' Julie Peters , Registrar Probate rt Division $10 OF aCOXTVOF 10 " Mow tots at" roar ec JUL 10 1995 Dist.Ct.Admin SMW i LETTERS TESTAMENTARY 2631629 REGISTERED VOL a(Os' PAGE 6287 OFFICE OF THE REGISTRAR OF TITLE: HENNEPIN COUNTY,MINNESOTA GF9TIFIED PILED 4N AUG 2 3 1995 loa t, REGISTRU OFT"M DEPUTY /v f e 1Yo ey l s<,-v L---c-3 C6 (� w Y 4200 IDS CENTER IN DENVER SO SOUTH EieNTH STREET LINDWIST,VENNUM&CHPoSTENSEN P.L.L.P. MiNNEAPous,MINNESOTA 55402-2205 60017TH STREET,Sur E 2125 11 3211 5401LINDQUIST &VENNUMP.L.L.P. FAx:612-373207TELEPHONE:303 735900 ATTORNEYS AT LAW Robert G.Mitchell,Jr. (612)371-3262 . August 16, 1996 Mr. Steve Williams Lundgren Bros. Construction, Inc. 935 E. Wayzata Boulevard Wayzata, MN 55391 Re: Mr. & Mrs. Jonathan G. Lebedoff 1101 W. Ferndale Road Dear Steve: I reviewed the above file regarding the Orono variance. What appears to have happened is that the wrong diagram got attached to the 1996 resolution. I enclose copies of both the 1995 resolution and the 1996 resolution. As you can see,the 1995 resolution has an accurate survey of the proposed new house which shows that the house is 62' front-to-rear. By contrast, the 1996 resolution has a sketch attached to it. The sketch was preliminary and was based on the old house. In addition, there is a mistake in the sketch. The mistake is that the distances shown on the old house are 24.9', 11.6', and 23.3' and the sketch ends there. When in fact there are an additional 3.2' of house on the lakeward side. If you add up all four numbers, rather than just three numbers, you come out to the proper depth of the house being 62' front-to-rear. have gone over this with Mike Gaffron at the Orono planning and zoning office. He will look into it and hopefully attach the correct survey to the 1996 variance LINDQUIST &VENNUM P.L.L.P. Mr. Steve Williams August 16, 1996 Page 2 resolution, showing that the house is in fact 62' front-to-rear. He will make Lyle, the building inspector, aware of the change. I believe this will solve the problem. If you have any further question, please feel free to call. Very truly yours, LINDQUIST & VENNUM P.L.L.P. Robert G. Mitchell, Jr. RGM:ap cc: Mr. & Mrs. Jonathan G. Lebedoff �Mr. Mike Gaffron 54 © L,"I-,- % ! x.00 _ � r ,z2.Do .. ^_ - �pD s 5•%''� .. -rr Ica cp o� / r t `'• y, , a 4�, 171.05 ? INVt V } � f i f f I Page 6 of 6 CSoLL) l C)N '• - ..i'✓tel'. :;-y }r_._ ^ l _ - - - - '- .T---tip •.,..-?,- :•_--_..- /� `� - L•Z.Oo � _ • 19.00 00 • ' � ,�_ s -_ - �_._.--:x. ' - ;: Crra vet� • - • •. � ,, ZR AA ho o"S 11 --�f arCq - aPs blocl� - - _ ••'E.}Y' - - - _ . ; Gravcl - block wv/ -\ 5- RL 5 1Jo- 902 _ - - `Grave( 17!•� -- - --- -- Page