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Home My WebLink AboutResolution 5668-not signed14�- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .S 4- L A RESOLL71ON GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350 and 78-1288 FILE NO. 07-3309 WHEREAS, Maureen Reilly Breckman, a single person (hereinafter "the applicant') is the owner of the property located at 2695 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Auditor's Subdivision No. 265 according to the plan on file and of record in the Office of the County Recorder, Hennepin County, Minnesota (hereinafter the "property); and WHEREAS, the applicant has made application to the City of Orono for a renewal of a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new residence on a property 19,572 s.fin area and 60' in width where 21,780 s.f in area and 100' of width are normally required; and WHEREAS, the applicant has made application to the City of Orono for a renewal of a variance to Orono Municipal Zoning Code Section 78-1288 to allow 249 s.f of hardcover within the 0 — 75' zone where 0 s.f is normally allowed, and 3,240 s.f. or 30.6% hardcover within the 75' — 250' zone where 2,645 s.f. or 25% is normally allowed in conjunction with the construction of a new residence and to allow existing lake yard retaining walls to remain. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 07-3309. 2. The property is located in the LR -IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 21,780 s.f. or 0.5 acre and a minimum lot width of 100 feet. Page 1 of 4 CITY of ORONO AN RESOLUTION OF THE CITY COUNCIL NO. The Planning Commission reviewed this application at public hearing held on August 17, 2007 and recommended approval of renewing variances based on the following findings: a. The property contains 19,572 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. The hardcover variances as requested are in line with the levels of hardcover variances approved on rebuild applications with similar lot conditions. The proposed residence meets the structural lot coverage limitation of 15%. e. The proposed structure complies with all lake yard, side yard, rear (street) yard, and average lakeshore setback requirements. f. The steepness and narrowness of the driveway warrants an additional 100 s.f. of paved area near the street to allow for safer ingress and egress. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL w 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 78-350 to allow construction of a new residence on a property 19,572 s.f. in area and 60' in width where 21,780 s.fin area and 100' of width are normally required; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow 249 s.f of hardcover within the 0 — 75' zone where 0 s.f. is normally allowed, and 3,240 s.f. or 30.6% hardcover within the 75' — 250' zone where 2,645 s.f. or 25% is normally allowed in conjunction with the construction of a new residence and to allow existing lake yard retaining walls to remain, subject to the following conditions: 1. Council approval is based on the building plans and site plan submitted by the applicant 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 249 s.f or 5.5%. Hardcover in the 75-250' zone shall be limited to 3,240 s.f. or 30.6% and within the 250' — 500' zone shall be limited to 825 s.f. or 18.6% per the proposed building plan, site plan and hardcover allowance summary as depicted on Exhibit A. Applicant is 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 applicant 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. Applicant 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 applicant, 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 (September 24, 2008). Page 3 of 4 r a I CITY of ORONO RESOLUTION OF THE CITY COUNCIL 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 24h day of September, 2007. ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor This instrument was acknowledged before me this Maureen Reilly Breckman, a single person. Notary Public Page 4 of 4 day of _ , 2007 by 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 September 24, 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 27th day of September , 2007 City derk (seal) May 20, 2008 Maureen Breckman 1850 Eagle Ridge Drive Mendota Heights, NEV 55118 RE: Variance Resolution Dear Ms. Breckman: A resolution #5668 located at 2695 Casco Point road was approved by the Orono City Council on September 24, 2007. The variance expires September 24, 2008, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution 5668. If you have any questions, please call me at (952) 249-4600. Sincerely, Monica A. Fadness Administrative Support Asst. cc: Paul T. Vogstrom November 29, 2007 Ms. Breckman 2695 Casco Point Road Orono, MN 55356 RE: Variance Resolution Dear Ms. Breckman: CITY of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 A resolution #5668 located at 2695 Casco Point Road was approved by the Orono City Council on September 24, 2007. The variance expires September 24, 2008, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #5668. If you have any questions, please call me at (952) 249-4600. Sincerely, Monica Fadness Administrative Support Asst. Telephone (952) 249-4600 - Fax (952) 249-4616 www.ci.orono,.rnn.us