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Home My WebLink AboutResolution 5604Ok O JF� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5604 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE PER SECTION 78-1288 FILE NO. 06-3211 WHEREAS, Theodore L. Capra and Nancy J. Capra, husband and wife (hereinafter "the applicants") are the owners of the property located at 3534 Ivy Place within the City of Orono (hereinafter the "City") and legally described as follows: Lots 177 and 178, TAYLOR'S SUBDIVISON OF SPRING PARK LOTS, and situated in the County of Hennepin, State of Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono for renewal of hardcover variances to Orono Municipal Zoning Code Section 78-1288 to allow 30% hardcover within the 75'-250' zone when 25% is normally allowed and a hardcover variance for the 0-75' zone to permit 0.1% hardcover when 0% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3211. 2. The property is located in the LR —1C, One Family Lakeshore Residential District, which requires a minimum lot area of 0.50 acres and a minimum lot width of 100'. The applicants' lot is 0.50 acres in area and 104' in width at the shoreline and 101 feet in width at the 75' setback. 3. The Planning Commission reviewed this application at a public hearing held on September 18, 2006 where a recommendation was made to approve renewal of a 75'-250' zone hardcover variance at 30% for a new home based on the following findings: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5604 a. The applicants have agreed to remove all excess hardcover, including a non -conforming shed, within the 0-75' lake setback zone. b. A 250'-500' zone does not exist on the property which would normally allow for a detached garage and less driveway hardcover within the 75'-250' zone. c. The size footprint proposed is not out of character with the neighborhood, and does not exceed the structural coverage limit for the property. d. The applicants are pursuing a joint grading plan with their adjoining neighbors to alleviate any drainage issues along the common lot lines. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, continents 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 granting 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal of a hardcover variance to Orono Municipal Zoning Code Section 78- 1288 to allow 30% hardcover within the 75'-250' zone where 25% is normally allowed, subject to the following conditions: 1. 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 Paee 2 of 5 1� ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5b ()d amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 75'-250' zone shall be limited to 4,251 s.f. or 30% 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. The applicants are required to provide the City with a copy of the temporary construction easements obtained from each of the adjoining property owners if grading is to be conducted on the adjoining properties in conjunction with a joint grading plan as proposed by the applicants. 4. 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. 5. The applicants shall submit a vegetation and slope stabilization plan for the slope within the 0-75' zone in order to address the erosion in this area. 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 permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 23, 2008). 7. 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. 8. 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 agrees to the recording of this resolution in the chain of title of the property. ATTEST: Adopted by the Orono City Council on the 23`d day of April, 2007. Page 3 of 5 ��t4 ti ' � I / Linda S. Vee, City Clerk ,1 A Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Az�-� Jvz�- l j s M. White, Mayor The foregoing instrument was acknowledged before me on this �3day of c7i 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHELDODGE -, _, L. r;OTARY PUBLIC - MINNESOTA ?.4g commission Expires Jan. 31, 2010 P' Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 56QA. 16 The foregoing instrument was acknowledged before me on this e_ day of 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this e day of r c 2008 by Theodore L. Capra, husband of Nancy J. Capra. 1//"lll!!II!lIIIIJ!!J!IIlIJll..( BARBARA SILUS MINNESOTA My COMMI&AIDIn Expines Jan. 31,2013/ yi i NotaryPublic STATE OF i • COUNTY This instrument was acknowledged before me this $ day of ,-LJ. 2006 by Nancy J. Capra, wife of Theodore L. Capra. 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