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Home My WebLink About#5274 - variances 41��916 � �� 0 0 ,� '�� :--� CITY of ORONO � � ��e1-�� ti �� "� G~' RESOLUTION OF THE CITY COUNCIL �`4kEsH�4� NO. � � � � � F-� G' A RESOLUTION GRANTING VARIANCES c� TO MUNICIPAL ZONING CODE �: SECTION 78-330 SUBDIVISION B, E"� SECTION 78-1288 SUBDIVISION A AND SUBDIVISION B, � AND SECTION 78-1403 FILE NO. 04-3065 .,�,��z '��k" �� WHEREAS, David Marlc Hector and Boiulie Kay Bohn Hector, husband and wife (hereinafter "the applicants") are the owners of the property located at 3265 Carman Road within the City of Orono (hereinafter the "City") aild legally described as follows: Lot 5, Blocic 1, Cannan Cove, Heiulepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 Subdivision B to allow a lakeside decic to be rebuilt at the current setbacic within the side yard where a 0' setback exists and a 10' setbacic is required; and WHEItEAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A and B to allow 6.7% hardcover within the 0-75' setbacic where 5.83% currentiv exists and where 0% is normally allowed and 55.5% hardcover within the 75'-250' setback where �4.68% cunently eYists and 25% is normally allowed in order to rebuild and reconfigure an existing lake side deck; and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal ZoninQ Code Section 78-1403 to allow structural coverage in excess of 15% in conjunetion with a rebuild of an eYistiizg lake side decic. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-306_5. PaQe 1 of� � O� O , 0 - CITY of ORONO � �'b�-� ti `� '�' RESOLUTION OF THE CITY COUNCIL �t�kEsH�4�G NO. � �- _ �'� 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District which requires a minimum lot area of one acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of variances based on the following findings: a. The property contains 15,679 s.f. or 0.36 acre in area and has 9>' in width. b. The property was granted variances in 2001 for structural coverage and hardcover by Resolution No. 4644. c. The proposed rebuild and reconfiguration of the lake side deck will not result in a net increase in structural coverage or hardcover within the 0-75' or 75'-250' setback zones from those levels approved in 2001. d. The 2001 structure and hardcover removals resulted in an orientation of the deck which did not allow for safe sta�ng in the pool area. 4. The City Council has considered this application including the findings and recommendation 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 grantinc the 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 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. Paae 2 of 5 � �� 0 0 ' �� CITY of ORONO � � ':a� t� �� G'�' RESOLUTION OF THE CITY COUNCIL L�kESH04� NO. _ +�?- �i- %,".. �. CONCLUSIONS, ORDER AND CONDITIONS Based upon one ar more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 Subdivision B, Section 78-1288 Subdivisions A and B, and Section 78-1403 to allow the reconstruction and reonentation of the existing lake side deck, subject to the following conditions: l. 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 Plaiming Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 5.83% or 412 s.f.. Hardcover in the 75-250' zone shall be limited to 4,708 s.f. or 54.68% 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. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 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 buildin� permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (January 10, 2006). 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. Pa�e 3 of 5 � °� 0 0 '�� CITY of ORON4 � �� ''a-�A �' RESOLUTION OF THE CITY COUNCIL ~ � ;�, ,� ��`�kESH04�G NO. , 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recordin� of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 1 Ot�' day of January, 2005. ATTEST: l' f ��f�'�.,.aC..- ,r.J G'.��-- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ��/ �/�✓�� :•� �L�t/ '-� �bL'�"�a C" ��r�., G f� Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10`h day of January, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was execut�d on behalf of the City. , � 'i� i `" -. r_�di Notary Pu`b'ic 4 + � JACKIE YOU��G � _ =.'��. NOTARY PUQUC-N1P:?:"^^'A My Commission Expi;�,;,:;n.�i.2;,�5 Pa�e 4 of� � �� O O '��y_.- CITY of ORONO a ` �► � :\,�=;� � � p RESOLUTtON OF THE CITY COUNCIL ��kESH�4� NO. � �� G-. �. STATE OF MINNESOTA COUNTY OF HENNEPIN ��-��-_ :%! The foregoing instrument was acknowledged before me on this f-� day of ;�__ j C�;�b��.�,'�:tj , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota �f' municipal corporation and said instrument was executed on behalf of the City. _, ,., � -� .��.:,. . , : ,-�''�� RRCHEL DODG� `. ! t" ; � (�,--�_. ,�.:i C��". },, � � � NOTARYPUBLIC-t��1 •�.-� Notary Public `� . Nly Canunis�on F�k�J4>�.. „ STATE OF MIIvNESOTA COUIvTY OF HENNEPIN f^ r` This instrument was acknowledged before me this ��:�'day of ��;�,,,��.�, 2005 by David Mark Hector, husband of Bonnie Kay Bohn Hector. ,. `� �tr.,. �C.�'i-ieL'�!'� .....�__ ,`� �� , � {��r;,�`` 'y'� • ,,��_� _� hG�P.^-.''i":J�.IC-� ;'^'.,4 �: t�,Ay Ccmrn�sior.Expires u�:;'� .: .-•.- IVTotary Public _.�. . ._�u�� :. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of �;;�;•,,,, ,�� , 2005 by Bonnie Kay Bohn Hector, wife of David Mark Hector. ' ^� �.;1 ,.,�c fk.:. y ...it.G "i ' � 4../ � ' �=N;SE M. L�SKii:� ,;� �', (' I� `u NOTARY PUBL�C-MINPlESOT�S ? � j � ^ �/ �, ';•,,�r�; P ',,'�� °� '��v�i�.`/�, F � „�,��..s---'--. ,ty:. M�,Conunissia�Ez ires Jan.31.2005 ` ��;� «� Notary Public Pa�e � of� �x� i �� - `�� . CERTfFIC,�� E:��i�;:«!. �� i� �.� ;��;.�` �'� �1 - �� (5+ 1 ,, OF LOT 5, �LO��a �'9 ��u�,l�;f�, � �,�a,,3 Q' % �� oo° HENfVEPIN C�U��'��, ��;�LG��s� _ �� /�d,9,, �, - ,�� % �� •, ro��.a, �9�-0� s EXISTING �P \�\ i9.,.�� x'� HOUSE 1 (95}.I) ^ o n ��, �sr. e �� l� (9a5.5) �j I93B.7) g J .o , '`s � t�. � o,r,` ��L� f (sae.v) �y � 991.7) o (9 � �453 ) 9 �J/ . •\� J f� 2' 'o (°]S.6j ,O •`—�_ q J W Q 7 � �O � (939.5) � o (9�'I.8�. /4� N' G4RALC fL00A 9a7.��:� (9!$.?I �f CLEV�9a�.71 J _..j__.� • � . � ti �N ��1��' / �S` ^.� '0 M�w fL00W ELE��95].et 0 / 4 �(�'� H,�jll�o,F ,J '� � �! �`� EXISTING N O : OECK O � (932.I) Z I '�`C ` HOU.7L BEO ..s (g�7,6) 5 �MOV (9}$5) (9]58) I y / U •.`.�........... ..?_:Z ry W PROPOSED DECK o / . --�............. 76.5 / � `p O � :�./ � .�� C �I • _.._. (971.6) � TO 8E �� "-•-]5' SETBACK LINE � REMOVE � Approved Hardcover: � I > POOL m� I 0-75'Totaf=412 s.f.or 5.83% � ' o� Concrete pad 8 s.f. ` � � i Patio/Deck 5 s.f. � o � � I f� I Pooi Deck 210 s.f. s3o � � � nE�� I Steps 24 s.f. �2, Walis 165 s.f. � 20,, � � I � 75'-250'=4�708 S.f.o�54.68% ��Q�' � �p � House 1,990 s.f. " � Driveway 1,212 s.f. r� \� ' Sidewalk 90 s.f. � � N I Open porches 114 s.f. ��p � cv Patio/Deck 176 s.f. '�ft � I � � J29.4 COI Pool Deck&Pool 956 s.f. � cn I Walls 170 s.f. I � �'•................ N �9. LEGAL DESCRIFTION 0� PREM!St5 : H 1 NSHAW & C U L B E P, T S O N L L P ATTORNEYS AT LAW 333 South Seventh Street June 17, 2009 �� S��te 2000 Minneapolis, MN 55402-2431 a MI'. w11111Tri w811S �'�E� � �'j �;��'�I 612-333-3434 Clty f�dri11111StI'1tOT 612-334-8885(fax) City of Orono CITY OF �n�;,'�� www.hinshawlaw.com Orono Village Hall 2750 Kelley Parkway Crystal Bay, M?� 55323 Re: Recorded Documents Dear Mr. Wells: Before your time, my firm had represented the City of Orono in various matters. In that regard, I am enclosing the following documents that I recently received back from the Hennepin County Taxpayer Services Department, which were recorded back in 2005: 1. Original Resolution No. 5274; and 2. Copy of a Discharge of Notice of Lis Pendens and accompanying papers regarding fee owners Troy D. Anderson and Catherine A. Anderson's property. Should you have any questions, please feel free to contact me. Very truly yours, HINSHAW � CULBERTSON LLP s �� Thomas J. Radi 612-334-2653 tradio@hinshawl aw.com TJR:jbm Enclosure ;2L39��3��1 704�39� ADMINISTIUI u,rizon� �aliTorni� -1oriG� Iliinois Indiana W�assachusett� i��nnesa,e IJi!ssourl l�ie�n 7ore ��reao� P,ro�� isianc Vv!sronsi^.