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Home My WebLink AboutResolution 5633o� o �� CITY ®f ORONO RESOLUTION OF THE CITY COUNCIL NO. 5633 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 & 78-1405 FILE NO. 07-3296 WHEREAS, Terry R. Johnson & Suzanne Johnson, husband and wife (hereinafter "the applicants") are the owners of the property located at 543 Park Lane within the City of Orono (hereinafter the "City") and legally described as follows: Lot 8, Block 6, Minnetonka Summit Park, Hennepin 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 Sections 78-330 and 78-1405 to allow 2.0' roof overhangs where 1.5' overhang is permitted as a non -encroachment and where a 10' side setback is normally required; 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 the proposed front entry staircase to encroach 1.7' into the required 10' side setback. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3296. 2. The property is located in the LR -1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 43,560 s.f. or 1.0 acre and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on June 18, 2007 and recommended approval of the overhang encroachment variance on a vote of 5-0 and recommended approval of the stairway encroachment on a vote of 3-2. Page I of 4 CITY of ORONO RESOLUTION OF TI EC � CITY COUNCIL NO 4. The City Council reviewed this application on June 25, 2007 and made the following findings: a. The property contains 10,128 s. f. in area and has 50' in width. b. The lot is substandard in area and width and a residence has existed on the property for many years. c. There is no additional land available to bring the lot width or lot area into conformity. d. A 2' roof overhang is typical for new construction, and the proposed encroachment will have no impact on neighboring properties. e. The proposed entrance staircase encroachment will allow for an interesting aesthetic feature on the otherwise "boxy" home when viewed from the street and will not negatively impact drainage patterns. 5. 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. 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 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 a variance to Orono Municipal Zoning Code Section 78-330 and 78-1405 to allow 2' roof overhangs to encroach into the 10' side setback where normally 1.5' is permitted and to allow a setback of 8.3' for portions of the front entry staircase where a 10' side setback is normally Page 2 of 4 moo\ �� ti J� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5633 required in conjunction with the construction of a new residence, 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 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 0-75' zone shall not increase above the level of 248 s.f. or 6.4%. Hardcover in the 75-250' zone shall be limited to 2,960 s.f. or 47.1% per the proposed building plan, site 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 shall submit an as -built survey prior to the issuance of a Certificate of Occupancy in order to verify compliance with the approved grading and drainage plan attached as Exhibit A. 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. Required removals of structure and hardcover shall be completed by the footing inspection for the new residence. 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 (June 25, 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 agree to the recording of this resolution in the chain of title of the property. Page 3 of 4 1�4 CITY of ORONO RESOLUTION OF T�E;C"COUNCIL NO. 33 Adopted by the Orono City Council on the 25`h day of June, 2007. Y }• ! 54 C v S, -e, City Clerk es M. White, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN ji4 This instrument was acknowledged before me this /z YA day of 6hn44�4 2007 by Terry R. Johnson, husband of Suzanne Johnson. LINDA S. VEE v0TARY PUBLIC- MINNESOTA p Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this V day of 2007 by, Suzanne Johnson, wife of Terry R. Johnson. I CNRlSTlNE M. MRTiSON N07P5iYPUBUC-MINNESOTA - my Lam rxa�.�.31, sooe UvAiU6� u3 � Notary Public Page 4 of 4 ""' ,c3narzs lara3d �n�ayne I'M° ��.� u i 3LW 10 'd315 LO/LL/G 31VV7OIN Suers / a� ae a mz ao x g N g •. 1 SIM! mNU9c�7r i�S /��a,F 'r mn •• '° � e� i ^�^oS fi neo'^N Ah gg7 mh —� 2 .� �® 7x HV Mw _____ —_---- 4 H < Y6L6 � Mlp O (°J/1 e m -- 96Z� e S �E F� UAN STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 25 , 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 5th day of July , 2007. .. �` City Clerk OL40 Doc No 4472760 02/26/2008 11:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 376383 New cert Cert 794616 Deputy 26 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total `qqq I(, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 & 78-1405 FILE NO. 07-3296