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Home My WebLink AboutResolution 56111�� ti ;i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Ch1 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-1438 FILE NO. 07-3285 WHEREAS, Robbin S. Johnson and B. Kristine Johnson, husband and wife, (hereinafter "Owners") are the owners of the property located at 1280 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: See Exhibit A (hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow hardcover in the 0 to 75 foot zone when no hardcover is allowed; and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1438 to allow a pool house/storage building four feet from the swimming pool when a ten foot separation is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 16, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #07-3285 2. The property is located in the LR-lA zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The property is approximately 1.80 acres in area and 300 feet in width. 3. The Planning Commission reviewed this application on April 16, 2007 and on a vote of 6 - 0 recommended approval of the variances, based on the following Findings: Page 1 of 5 0,4 ,\ o.9\ O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. � C 1 1 a. The hardcover that will remain in the 0 to 75 foot zone is a corner of the pool and a walkway between doors on the lake side of the house. This hardcover was shown on the original building permit plan as being outside the 0 to 75 foot zone b. The amount of hardcover allowed to remain in the 0 to 75 foot zone will be subtracted from the hardcover allowed in the 75 to 250 foot zone. c. The property has poor soils so the house, pool and pool equipment vault are on pilings. The location on top of the pool equipment vault will allow use of the pilings to support the proposed building. d. The wetland between the street and the pool precludes placement of the building between the pool and the street. e. The pool equipment vault is four feet high. If the proposed building were placed ten feet from the pool the pool equipment vault would be between the building and the pool and would block the view of the pool from the pool house. f The Owners have agreed to modify the proposed building to make it more difficult for someone to dive from its roof into the pool. 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. 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 variances 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 Owners, but are necessary to alleviate a demonstrable hardship or difficulty; are 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. Page 2 of 5 ti J� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ) 5 T I CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1438, subject to the following conditions: 1. Council approval is based on the site and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits B. and C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 102 s.f. or 0.4%. Hardcover in the 75-250' zone shall be limited to 12,932 s.f. or 24.8%. The owners 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. Owners shall remove and not replace any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non -hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before April 23, 2008 or the variance will expire on that date. 5. 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. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 ff• CITY of ORONO RESOLUTION Of THE CITY COUNCIL NO. i 6 "1 "1 Adopted by the Orono City Council on this 23rd day of April, 2007. ATTEST: Linda S. Vee, City Clerk 4Jes M. White, Mayor Robbin S. Johnson B. Kristine John STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ,�3 day of 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. HELDODGE EYPUBLIC-UWNESOTA or5 i=n. 31, 2010 Notary Public f, STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this.2day of 11A -,J 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal c rporation and said instrument was executed on behalf of tiie City. i �_ i;r,iir Notary Public - _— Page 4 of 5 ok o �� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY�OUNCIL NO. This instrument was acknowledged before me this 7/11day of 111)6-c 2007 by Robbin S. Johnson, husband of B. Kristine Johnson. 7RACHEL DODGE NOBLIC-MINNESOTA My Commsson Expires Jan 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public G� This instrument was acknowledged before me this day of ''C 2007 by B. Kristine Johnson, wife of Robbin S. Johnson. n uh. RACI IEL DODGE u Notary Public iNOTARYPUaLIC- MINNESOTA i1 M1 Jorvrlssion Expires Jan, 31,2C10 M'n, Page 5 of 5 ZONING FILE NO. 07-3285 EXHIBIT A RESOLUTION NO.a That part of Lot 3, Rearrangement of Orono Point, Hennepin Comity, Minnesota according to the recorded plat thereof, lying southerly of the following described line and its extensions: Commencing at the southwest corner of said Lot 3; thence north along the west line of said Lot 3 to the northwest corner thereof, being the point of beginning of the line being described; thence southeasterly, at an angle of 64 degrees 33 minutes 30 seconds with the west line of said Lot 3, to the shore of Lake Minnetonka and there terminating. ZONiNG FILE NO. 07-3285 EXHIBIT B -I RESOLUTION NO. _ Im NAYJocuer �o bQ- removee( reoC xjkie2\� 10 Poolhw-M/r= L Age.b-MMI gA Y A K L BROWN •;° z tun. dab "..uu nrimur � IVI'lyL ' 1 oo POOL—� I ,2ro x sm r6nLY- ,� 1 x ZONING FILE NO. 07-3285 EXHIBIT C-1 5 61"T RESOLUTION NO. ZONING FILE NO. 07-3285 EXHIBIT C-2 RESOLUTION NO. MTM K 07-1 �\� \C :& .- K 07-1