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HomeMy WebLinkAboutResolution 5657o. o ITY of ORONO RESOLUTION OF THE C COUNCIL NO. 5 6.5 71 A RESOLUTION AMENDING RESOLUTION NO. 5629, DOCUMENT NO. 4419384 FILE NO. 07-3291 WHEREAS, Paul Ekholm and Laura Ekholm, husband and wife (hereinafter "the Applicants") are the owners of the property located at 2606 West Lafayette Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 131, 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 Section 78-1279 to allow additions to the existing home consisting of constructing a pitched roof where a flat roof exists and increasing the ceiling height from 8' to 10' ahead of the average lakeshore setback as well as 20' into the 75' setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance'to Orono Municipal Zoning Code Section 78-1288 to allow 2,015 s.f. (20%) hardcover within the 0-75' zone where 0% is normally allowed; and 5,460 s.f (23%) within the 75'-250' zone where 7,964 s.f. (33.5%) currently exists and 5,947 s.f. (25%) is normally allowed in order to construct an addition to the existing home; and WHEREAS, in reviewing the plans submitted on July 23, 2007 for a building Permit Planning Staff found the plans reflecting a two foot increase in the ceiling height proposed; and WHEREAS, on August 24, 2007, the City Council heard testimony from the Owners, their representative, and City Staff regarding the situation. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Page 1 of 4 CITY of ORONO RESOLUTION OF THE T COUNCIL NO, 5 6 FINDINGS 1. The property is located in the LR -1B, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 2. The Applicants intend to build the house as approved by Resolution No. 5629, Document No. 4419384 adding only 2' in height to the structure. 3. When viewed from the lake the proposed home will consist of a basement and a first story; and is well within the 30' height limitation. 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. 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 the above findings, the Orono City Council hereby amends Resolution No. 5629, Document No. 4419384 to allow the 2' increase in height. With the exception of the revised house plans attached to this Resolution as Exhibit A, Resolution No, 5629, Document No. 4419384 otherwise remains in force. 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. 2. 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 Page 2 of 4 O0NO 1�� JAI/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 65 7 assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 10th day of September, 2007. ATTEST: S. Vee, City Clerk Property Owner(s) Jke-s--O-M-0� . White, Mayor Page 3 of 4 0 0 ti ESK0 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. This instrument was acknowledged before me this 11 day of.{ 2007 by Paul Ekholm, husband of Laura Ekholm.--v-- BARBARA - BA Y PUBLIC G. SNESO �} NOTARY PUBIC - M;NNES07A ILLIS LR Commission Expires � . 31, 2008 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this -eday o 2007 by Laura Ekhohn, wife of Paul Ekholm. '[[++ Mma�yy``'' M M Ay -MO BG NOTARY PMC -MINNESOTA My OmmWip E*W Jan. M. 2M It r Notary Public Page 4 of 4 rrrrwr.+.� 1 e- " As�' M >0 i ° m5657AO ;U0 Uo p� O0\Q+rrl m a Ln >rrN crnci)n to --4 C) r- m 0 0 mU1 Dmm Z D En 1 �n� C n {C� o CJ~N O O A 1 MF z rt m O z:� OMUDM 0 LU0 L a z Mr-0ncc-rrmZiamcn M z p A D m Cn �7 aq, ,,� r r cn cn !I O f ll O II it If a II IIM 14 . Ln � II N1 (0 LnW N a O Co rnrnp'i? W C) ON 4�DO� V CJS Q' O In UI to cD M 7' W Jt �' N T� QW¢ O "Yi ,l`` �; x N y (AM a*nmO I N I no -iA mO rrOXm Cn pr Z o; {I V) Ul 14 vy o b m 5. ll 11 II y w cn O II ca 'Y rn! Rjr -. L t !� A a W p ME) co \ s dfi �Q rn V o rF ` O LT, (n 0 V n m CA m ?ro \ m cui cn / �Q F i \ vl O - 9n/ 6 '� t dxN01 0Nv ocrBUILDING �l1NE 26, 2046 d lw �Q ^+Aasm C O—� �� Cn CoQ fCOtor PAUL E[,� ��� �i A I I� N m M >0 i ° m5657AO ;U0 Uo p� O0\Q+rrl m a Ln >rrN crnci)n to --4 C) r- m 0 0 mU1 Dmm Z D En 1 �n� C n {C� o CJ~N O O A 1 MF z rt m O z:� OMUDM 0 LU0 L a z Mr-0ncc-rrmZiamcn M z p A D m Cn �7 aq, ,,� r r cn cn !I O f ll O II it If a II IIM 14 . Ln � II N1 (0 LnW N a O Co rnrnp'i? W C) ON 4�DO� V CJS Q' O In UI to cD M 7' W Jt �' N T� QW¢ O "Yi ,l`` �; x N y (AM a*nmO I N I no -iA mO rrOXm Cn pr Z o; {I V) Ul 14 vy o b m 5. ll 11 II y w cn O II ca 'Y rn! Rjr -. L t !� A a W p ME) co \ s dfi �Q rn V o rF ` O LT, (n 0 V n m CA m ?ro \ m cui cn / �Q F i \ vl O - 9n/ 6 '� t dxN01 0Nv ocrBUILDING �l1NE 26, 2046 d lw �Q ^+Aasm C �ns/a Posm a. G DG, Mc %O ZZ.AG) � fCOtor PAUL E[,� ��� �i A I I� N m rZRQ�r -{ y s �n Z M- m I "NJ It orcin 47 I N Z p Z x O 4L 4 �� j ---I <. 0 V o I z rn I Jn z�.. on �m co W 0 0 4/23/07 SCREN EXIST. LABELS M >0 i ° m5657AO ;U0 Uo p� O0\Q+rrl m a Ln >rrN crnci)n to --4 C) r- m 0 0 mU1 Dmm Z D En 1 �n� C n {C� o CJ~N O O A 1 MF z rt m O z:� OMUDM 0 LU0 L a z Mr-0ncc-rrmZiamcn M z p A D m Cn �7 aq, ,,� r r cn cn !I O f ll O II it If a II IIM 14 . Ln � II N1 (0 LnW N a O Co rnrnp'i? W C) ON 4�DO� V CJS Q' O In UI to cD M 7' W Jt �' N T� QW¢ O "Yi ,l`` �; x N y (AM a*nmO I N I no -iA mO rrOXm Cn pr Z o; {I V) Ul 14 vy o b m 5. ll 11 II y w cn O II ca 'Y rn! Rjr -. L t !� A a W p ME) co \ s dfi �Q rn V o rF ` O LT, (n 0 V n m CA m ?ro \ m cui cn / �Q F i \ vl O - 9n/ 6 '� t dxN01 0Nv ocrBUILDING �l1NE 26, 2046 PERMIT SUR IlEY No �ns/a Posm a. G DG, Mc 44 Land �'r$zlk R. Cardarelle Surveyor .� M uoffe?rr er'.srp�sW wo r AN fCOtor PAUL E[,� ��� �i u TE OF ,; «'EscrA. fi44D FL`!!hG CLOUD DRIVE RESIDENCE EDEN PRA!RIE,MN 55344 952-941-3431 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPLN ) 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 September 10, 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 12th day of September , 2007. .. City Clerk al+..fin• ��