The URL can be used to link to this page

Home My WebLink About#5518 - variances - – -- T ' � O� O O J '��_:- CITY of QRON� � ,� ��i. � �, : �, �� `� G~' RESOLUTION OF THE CITY COUNCIL ��kESYiO�'� NO. _ � Z s�— A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 & 78-1288 FILE NO. 06-3224 WHEREAS, Thomas Lowe and Rebecca Lowe, husband and wife (hereinafter "the applicants") are the owners of the property located at 3295 Cannan Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 8, Block 1, Carman Cove, Hemiepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new home on a lot 0.45 acre in area where 1.0 ac.re is required; and WfrIEREEiS, the applicants have made applicati�n io t�ie City of Orolio ior a variance to Orono Municipal Zoning Code Section 78-1288 to allow 42% hardcover within the 7�' –ZSv' setnacic zone wnere 25°io is nornzaiiy aiiowed in conjunciion witn tne construction oi a new single family home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Miiznesota: r iN'�iIl�i�S 1. This application was reviewed as Zoning File 06-3224. 2. The property is located in the LR-1B Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this applicatioii at a pubiic hearing held on September 18, 2006 and on a vote of 3-2 recommended approval of the lot area variance and approval of the hardcover variance not to exceed 40% within the 75' – 250' zone based on the following findings: Page 1 of 5 , � °� o ,� o �� CITY of ORONO ,� �� - � 1,.� � �� `� �~' RESOLUTION OF THE CITY COUNCiL � �kESHOg'� NO. 5 J� � � a. The property contains 19,917 s.f. in area and has 147' in width at the OHWL and 114' in width at the 75' setback. b. The lot is substandard in area and a residence has existed on the property for many years. c. There is no additional land available to brin� the lot width or lot area into conformity. d. The hardcover if reduced to no more than 40% of the 75'-250' zone will be in line with the levels of hardcover variances approved on rebuild applications with siinilar lot conditions. The proposed residence meets the structural lot coverage limitation of 15%. e. The proposed structure complies with all lake yard, side yard, rear (street) yard, and average lakeshore setback requirements. £ The reverse pie shape of the lot warrants additional hardcover within the 75'- 250' setback zone. g. The applicants have proposed a 2-story home with a basement meeting the City's definitions. The lowest floor elevation has been proposed at 945.25' with an adjacent walk-out (lake side) ground level of 946'-946.25' to avoid excavation within the 0-75' zone. This "step up" walkout arrangement will require careful desi�l to avoid flooding. 4. Tne appiicants subsequeni to rianning i.ommission review have submitted a revised proposal for 39.3% hardcover in the 75'- 250' zone. 5. The City Council has considered this application including the findings and recominendation of the Planning Commission, reports by City staff, cominents by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 ilor 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 Page 2 of 5 � °� o � o - �'�`.� -� � CITY o� 4RON0 �, ;�� ti '� O~ RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 5 �J � �' 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. COI�'CLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 Subdivision B to allow redevelopinent of a lot 19,917 s.f. in area where 43,560 s.f. is normally required and a variance to Orono Municipal Zoning Code Section 78-1288 to allow 39.3% hardcover where 25% is nonnally allowed, subj ect 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 Planning Cornmission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 232 s.f. or 2.3%. Hardcover in the 75-250' zone shall be limited to 3,854 s.f. or 39.3% 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 pernieability as non-hardcover surfaces. 4. Required removals of structure and hardcover to be removed shall be completed prior to the framing inspection for the new residence. 5. The applicants are advised to carefully design the site drainage to avoid flooding of the basement level. 6. 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 pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (October 9, 2007). Page 3 of 5 �� °� 0 0 - '��,.-; ; CITY of ORONO ,� ,, _, �, � � �� ti ~' RESOLUTION OF THE CITY COUNCIL ��`�kEsH.o4�G No. 5 5 7 8 7. Violation of or non-compliance with any of the tenns 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. 8. The undersigned applicants have read, understand and hereby agree to the ternls of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�ls, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 9t1i day of October, 2006. ATTEST: r , ,. ; J ' ' � I � i _. i�r �/ ;��-�h��./ �� .�� !'�. �� - - ��inda S. Vee, City Clerk Barbara A. Peterson, Mayor �- . �-- .�--- /^ l��_� Property}�w�er(s) � ` ,� t/� STATE OF MP�NESOTA COUNTY OF HENNEPII�T �='� � li ` The foregoing instniment was acicnowledged before me on this? � day of t�--�'�!��-' , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Mimlesota municipal corporation and said instrument was executed on behalf of the City. :•�'1 t' i �. �.�--.'�� otar ,'7� � / y q4l�' ��whn�^rwv.,ti.�.Y»�.hr+e%nnN�nn ,��,�'�=��,�,l�C��j��.�� t�.YOUNG `�.� �;:'�` �°�,�ry��.�;�9i�-AAinnesota `��.� Niy:or.�tr s�rr�Enp�'e�Jan 3�,2010 � � � �b°Cd4'b'`rW+.i`.N:wl'�t��JYNMt�1h+MS/aAr1MNY Page 4 of 5 . � o� 0 0 � '��= -;� CITY of ORON4 ,� . �, � :�?;.. ti '� G~ RESOLUTION OF THE CITY COUNCI L L�kESH�4� NO. —�-T�--�— STATE OF MINNESOTA COUNTY OF HENNEPIN ,.�fi%� The foregoing instrument was acknowledged before me on this �� day of �l�',�i,E�'z— 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instiument was executed on behalf of the City. � � � ? �� _�_t�-� / f � � Rf�CHEL DODGE `� � � -��'�''- �� i� `�� NOTARY PU6UC-MINNESOTA �� Notary Public � >Y� "�„� �y Commissior,Ezpires Jan.31,2010 y� :��,�'.'�' -' STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was aclrnowledged before me this f��? day of �'(.;��-,+;�;1� , 2006 by Thoinas Lowe, husband of Rebecca Lowe. ` �� `�' i l` 1 ��°"�'?� DEMSE M. LESKfNEN ��' " �y , f � : ? �� NOTARY PUBLIC-MiNNESOTA �' ��'�(�°�.�� ..�' '` �g��f My Commission Expires Jan.31,2010 Notary Public r � �,✓,�.:,;•-•^_. STATE OF MINNESOTA COUNTY OF HENNEPIN o?vo7 This instrument was acknowledged before me this �day of ,� by Rebecca Lowe, wife of Thomas Lowe. �G ,w- SARBARA G. SILUS ��,�� rY�� NOTARY PUBLIC-MINNESOTA ��i`; My Commission Expires Jan 31,2008 rTptgr��Pub?:C ..,c��c'.c'�.r �., Page � of 5 �'�9�6—�� `\ (�G�wt �V e��'�� T�� _� _ ^� H�58.15)� /� � `�JT ��\ 1 \/ i^�� . \ 1 1 � � 4 �o A � L (955.3) \ (� �y�p�j RM1JG WALL�� (� 1,1 � ��.1 � , . ��o `_� Do , �?. �es�a1 ' � �� 3°' S 7 (956.8) 5 / � . esG_ I> >s EXISTING , , �� . .Da � ��;�o. � . , H��SE . 952 . .� o;:, � ` W,� ,o:. � ,�i � pROPOSED ':,956•� ��{ #3300 ��4,0!G��. gs ` . �ss DRNEWAY � �� 5J�,�,� d'•.. �.�.P � g4B;.' . ry� •'.,��" b � 9S6 956 � �e � �� . . I � � �j� ��,��:;''''� . �a �S��m� ' I ; �' "� i 3�'° 9�s I \�� A '��0�'� �„�s`� `�-.. ....,,s �� I �� , �Q�P � PR�P�SE� , ,;\ i �K \ � - vs.a�J.e"'-• O i � O � � �� `\ ��`�� F-{�USE ti 5 � �� I _' \ \ ` 9�� .� � �\.� �''J --�'�� < ° 3295 � N � ,�\ � � DO� . \ ��'•.. zZ° o # .�a 52 � I N , � �• � �� \ �: � s¢�\••._,_� '' �� \: � 1 M � r'� ( y.. � � � � J \%� ;� f / \ � � �� \•. ., .gx6 t/0 M \ :' \ ^ f \M s 5 q,� \�� \ `J� \\\ \ \1�� sr�cr°ss�\ '' 9 \ \ -"4 . I \ � +��, � \\� l�p� 1 '� 1\ \ ,AVERAGE BUIDM�\ O �` � � � � , � `_SETBACK�E � --� �' EXISTING � ` � �--_ � �, � � �`�o m k� II � 1 �s' SETBACK IINE ` �-{OU �\ \\ �� \ � � _ "' \� '� - - , ) �� i I � �� 1,� �� o�A� , #3285 \ •.� '�� I � � L �� /^ ��C ` 'Y Gi\ � II STqpOWAY \ ` /I \^/^ � �.V \` V�7- / \ , \ J, \ � ` � \ W ` DECK � � � � � SURVEY /� \�; 1 \ �� ''UNE � k �` ��\ \ � 8�� '� �� i 1 7 — � J � �� 9��,�� '� I �� ra,9 � \ �o � •� �,-- — L ''�:•� I � \ \��`��M�� 'e��Ooo//oo� 1/�/ ""i (942.5), ` \�\ � "Lf �\ .r � \\\\��.� � �`tEA3tiR�0 \__` \ � ��,�`-�4��\ �:�"�C�VE �-__ \ — `�� , �' ��\��--�� \ \ .= �- ��\ CONTOUR LINE" � � �______� �` ` _� ��__ � ` �� 9.4 _— � � � _J_— --- \�, �_�� ---�� --� �-- —�� \ �\ � � ——— � \ �` --' __` E ffi�tx-��-�'��- \ \ � - - �j,�� - �_�s' � 2.3�o A -��.2�� 3�-�a DESCRIPTION OF PREMISE = LEGAL �OVE Lot 8, Block 1, CARMAN C�R�A� arker o ; denotes iron m denotes existing sP�t e�eva� (908.3)� ot ele� denotes proposed SP 910.8 � �antour lii denotes existing ---917 � osed contour denotes prop _ 904 ' ELE�ATIONS � georings shown are based upor PROPOSED floor = 955.0 ShoWs the bounda �) First This survey o{ oll v location --� ..�noerty, the r nf a Pr�P°`