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HomeMy WebLinkAboutResolution 3568 � O 'V O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. e3 5 6 8 r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C); 10.22, SUBDIVISION 2; AND 10.25, SUBDIVISION 6 (B) FILE #2017 WHEREAS, William A. Hibbs (hereinafter "the applicant") is owner of the property located at 1905 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 17, Fagerness, described as follows: Commencing at the Northwest corner of Lot 17; thence East on the North line of said Lot 17, distant 93.0 feet for a place of beginning; thence angle right 55 degrees distant 147.4 feet intersecting a point on the Southeasterly line of said Lot 17 distant 26.8 feet Northeasterly from the Southeasterly corner of said Lot 17; thence Northeasterly on the Southeasterly line of said Lot 17 distant 129.2 feet more or less to the Northeast corner of said Lot 17; thence West on the North line of said Lot 17, distant 157 feet to the place of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to permit construction of a 23.5'x44.3' addition to the west side of the existing residence and the raising of the existing 25'x44.3' addition seeking approval of variances to the following sections of the Municipal Zoning Code: (a) Section 10.03, Subdivision 14 (C) structural coverage variance Existing = 2,651 s.f. or 26.5% Proposed = 2,308 s.f. or 23% Variance = 805 s.f. or 8.03% (Existing = 1,148 s.f. or 11.45%) (b) Section 10.22, Subdivision 2 hardcover variance in the 75-250' setback area. Existing = 4,738 s.f. or 49.87% Proposed = 3,037 s.f. or 31.97% Variance = 662 s.f. or 6.97% Hardcover decrease = 1,701 s.f. or 18%. Page 1 of 7 J I O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL �4 S NO. eg 6 (c) Section 10.25, Subdivision 6 (B) side and front/street setback variances. 1) Street setback Existing = 23' Proposed = 23' Variance = 7' or 23.3% 2) West side setback Required = 10' Existing = 7' Proposed = 8'4" Variance = 1'8" or 18% NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2017. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District requiring 21,780 s.f. or acre in area. The subject property consists of 10,020 s.f. or .23 acres. 3. The Orono Planning Commission reviewed this application on May 15, 1995, and recommended approval of the variances as proposed based upon the following unique findings and hardships: A. The lot is triangular shaped and surrounded by public roads on two sides. B. There are no adjacent lands immediately adjacent to the subject property for applicant to acquire. C. Proposed improvement will result in major decrease in hardcover in the 75-250' setback area - proposed hardcover reduction 1,701 s.f. or 18%. D. Structural coverage will be reduced by 343 s.f. or 3.5%. Page 2 of 7 f O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL S H04�G NO. 3 568 E. Proposed addition will be located 1'4" further from west side lot line. The existing structure exists at 7' and the new structure will be located 8'4" from the side lot line. F. The City Engineer has approved the location of the new curb cut located at Fagerness Point Road. 4. 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 Bre 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. 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 Municipal Zoning Code Sections listed above to permit construction of a 23.5'x44.3' addition to the west side of the existing residence subject to the following conditions: 1. All hardcover improvements scheduled for removal as shown on Page 7 of this resolution must be completed prior to the footing inspection for new construction. Applicant shall be allowed to retain blacktop area at the northwest corner of property for the use of construction vehicles and the storage of materials during the construction. Blacktop area must be removed prior to the issuance of a certificate of occupancy for the new construction. 2. Appiicant shall obtain a demolition permit prior to the removal of the 25'x44.3' addition. Page 3 of 7 � O 'Y O O b CITYof ORONO Aq RESOLUTION OF THE CITY COUNCIL S110 NO. 3 5 6 8 3. Applicant to provide an updated survey locating new construction, driveway and curb cut to be submitted with building permit application. 4. Upon application for building permit applicant shall provide a grading/drainage plan that will address the following: A. How shall drainage from Webb Street be directed away from property and along road right-of-way? B. Detail on driveway installation addressing use of retaining walls or if western property owner allows grading to extend within property that owner provide written approval which applicant shall submit with the building permit application. C. Provide existing elevations, proposed garage floor elevation and driveway grades. 5. Authorities granted by this variance run with the property not with the applicant, 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 (June 12, 1996). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 7 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL L9kESH10 NO. 3568 Adopted by the Orono City Council on this 12th day of June, 1995. AT ST: orothy M. lin, City Clerk Edward J. Call an, Jr., Mayo Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. aotajTZuzbillc� CAROLE A.HMEMAN NOTARY PUBL C41NNEWTA HENNESN COUNTY •,..••` My Commission Expires Jan.31.200 Page 5 of 7 0 0 b CITY of ORONO RESOLUTION OF THE CITY COUNCIL ESH0� NO. fS 5 c� fS 5 6 8 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this alk day of , 1995 before me a Notary Public within and for said county,personally appeare W;I J;,ft „, 4 4; bb-, n a3a r r i P 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. �- CAROLE A.HMEMAN /} ` NOTARY PUBLIC-MINNESOTA 0 , / HENNEPIN COUNTY -•,..:•° My Commission Expires Jan.31,2n0o NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county,personally appeared 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. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199_before me a ?Votary Public within and for said county,personally appeared 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. NOTARY PUBLIC Page 6 of 7 2 568 Or � . - r ��'- ``:,`�.�:r�i.:•-�ie -!1. �'+ :..i •�.:_ ;a. ,�� Vii• _.�. YOr►hwCSf tornQr •moi` ! '; 4k lef.l7, Fa9erness 1 —;- ,� , EAST 15700 n.0 LO 17, F'Ajq&r-eJl .Ai wit pv l0 bat. r� XF ✓, °� o f ✓� / F- y% 4Q S Ex i 1605 el -- -- - -' �Rp Dov�r -•.. � • �4 '� rwe ofLOf 17�- G j� �� ►1� Ph-oVts'M1�S + FaytrnCts /' � " `R. j'� I 1iii� / •t� `, vv,.ov�eD i �•' !: d+ ` -929.4 CO, Ol _ - Q' •"off ���c�� �: t �. F�VnCs f I 1 Page 7 of 7 RESOLUTION #S568 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 f of such h re oing Pution in the f a resolution Minutes of the City Council of the City of Orono with the original record hld on proceedings of said City Council at a 19 eeti and othat the samle is a�uncruel andecorrect June 12 g-�- 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 13th day of Jun , 19�_• orothy M. llin, City Clerk (SEAL) y .