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Home My WebLink AboutResolution 5624��Ae ti J� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO._ 5624 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1288 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-1250 AND 78-1286 FILE NO. 07-3283 WHEREAS, Steven M. Sigel and Sheila E. Sigel, husband and wife (hereinafter "the applicants") are the owners of the property located at 1399 Park Drive within the City of Orono (hereinafter the "City") and legally described as follows: See attached Exhibit A, (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-1250 and 78-1286 to allow construction of an addition to the existing home, which includes reconstruction and reorientation of the existing retaining wall system between the home and the street side of the property; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 in order to allow hardcover within the 0-75' zone of 1.1% (60 s.f.) where 0% is normally allowed and 1.1% currently exists; and 40% (5,627 s.f) within the 75'-250' zone where 25% is normally allowed and 43% currently exists; and 59.3% (1,449 s.f) within the 250'-500' zone where 30% is normally allowed and 59.3% currently exists in conjunction with a home addition and reorientation of existing retaining walls, and front walk; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 in order for home additions to be ahead of the average lakeshore setback. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page I of 5 CITY ®f ORONO j RESOLUTION OF THE CITY COUNCIL NO. 5624 FINDINGS 1. This application was reviewed as Zoning File 07-3283. 2. The property is located in the LR — 113, Lakeshore Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140' feet. 3. The Planning Commission reviewed this application at a public hearing held on April 16, 2007 and recommended approval of the hardcover variance and conditional use permit based on the following findings: a. Other than the average lakeshore setback, the proposed addition and home will meet the Zoning Ordinance requirements with respect to setbacks, lot coverage by structures, and building height. b. The retaining walls and addition will have no negative impacts to views of the Property as viewed from the lake. c. No neighbor's views of the lake will be affected as a result of the average setback variance. d. Replacement and reconfiguration of the retaining walls is necessary to allow for adequate pedestrian access to the residence. 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 and conditional use permit 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 and conditional use permit 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 diffi/_.111ty; is necessary to prP.gerve a m hstantlal property right of the Page 2 of 5 o. *o CITY of ORONO RESOLUTION OF TJ CIT, COUNCIL NO. ((�� 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 a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78- 1250 and 78-1286 to allow construction of an addition to the existing home, and to rebuild and reorient the existing retaining wall system between the home and the street side of the property; and a variance to Orono Municipal Zoning Code Section 78-1288 in order to allow hardcover within the 0-75' zone of 1.1% (60 s.f) where 0% is normally allowed and 1.1% currently exists; and 40% (5,627 s.f) within the 75' -250' zone where 25% is normally allowed and 43% currently exists; and 59.3% (1,449 s.f) within the 250'-500' zone where 30% is normally allowed and 59.3% currently exists in conjunction with a home addition and reorientation of existing retaining walls, and front walk; and a variance to Orono Municipal Zoning Code Section 78-1279 in order for home additions to be ahead of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the building plans and site plan/grading plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits B & C. Any amendments to the site plan/grading plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover for the 0-75' zone shall not increase above 1.1% (60 s.f.) where 0% is normally allowed; and not increase above 40% (5,627 s.f.) within the 75'-250' zone where 25% is normally allowed; and not increase above 59.3% (1,449 s.f) within the 250'-500' zone where 30% is normally allowed based on the plans attached as Exhibit B. Applicants are advised that any requests to increase hardcover beyond the allowable limits established in City Code Section 78-1288 shall require City approval, and will not likely be approved. 3. Applicants are hereby advised that all decorative landscape beds on the property shall not be lined with plastic or fabric liner material to ensure their permeability as non -hardcover surfaces. Page 3 of 5 A ��nt °moo ti CITY of ORONO RESOLUTION OF T?E I� COUNCIL NO. 4. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the addition. 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 building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (May 29, 2008). 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 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. Adopted by the Orono City Council on the 291h day of May, 2007. ATTEST: j 6e_ Linda S. Vee, City Clerk I I Prop y Owners) J es M. te, Mayor Page 4 of 5 °moo m. Aq F ��kESfi0g�G~ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF TN�.CT� COUNCIL NO. (� This instrument was acknowledged before me this 3 day of %t / 2007 by Steven M. Sigel, husband of Sheila E. Sigel. dIJIdIIJJlJIJddddddlJJddJ ldfddddlldJ./Ydldddlddl!!�}\\\l STATE OF MINNESOTA COUNTY OF HENNEPIN 4'.�� Notary Public t This instrument was acknowledged before me this day of A -i 61--/ 2007 by Sheila E. Sigel, wife of Steven M. Sigel. JJJ!JJJlIJJIJlIJ fdl�Ci/./�! - �IJJJIJIJdJIJJIJ!lldJl✓JJJII}� Page 5 of 5 WU i n 2, IT JOB NO LEGAL DESCRIPTION 97R-243 5624 RECEIVED SAY 14 2007 MY OF OR®NC) Lot 16, Block 6, Saga Hill Revised, Hennepin Co., Minn., according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. Those portions of vacated Park Drive (formerly Lafayette Avenue), vacated Oak Plac6, vacated Forest Avenue and vacated Forest Boulevard, all as dedicated in the plat of "Saga Hill Revised, Hennepin Co., Minn.", described as follows: Beginning at the most Easterly corner of Lot 16, Block 6, in said plat; thence Spu,tli 22 degrees 43 minutes 16 seconds East, assuming the -North easterly line of said Lot 16 bears South 43 degrees 44 minutes 05 seconds East, ❑ distance of 42.43 feet to a point hereinafter referred to as "Point A°; thence Southwesterly along a non—tangential curve concave to the South having a radius of 245 feet, the radial line passing through said "Point A" bears North 08 degrees 04 minutes 36 seconds West, to the intersection with the Southeasterly line of vacated Forest Avenue; thence Southwesterly along said Southeasterly line to the intersection with the Southeasterly extension of the center line of said vacated Forest Avenue; thence Northwesterly along said Southeasterly extension, along said center line and along the Northwesterly extension of said center line to the shore line of Forest Lake; thence Northeasterly along said shore line to the Northwesterly extension of said Northeasterly line of Lot 16; thence Southeasterly along said Northwesterly extension of said Northeasterly line to the most Northerly corner of said Lot 16; thence Southwesterly, Southeasterly and Northeasterly along the Northwesterly, Southwesterly and Southeasterly lines of said Lot 16 to the point of beginning. 2� > Ef9 <% { - ) \ ; � | ,;�!! �l;l�.l,l•!, � ��! 2� > §624 \ / Ef9 <% { §624 \ / � � ( m 6 24 c CLIO` R .. .. ...... .. ---------- 9