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Home My WebLink AboutResolution 5744 Doc No 4500720 05/28/2008 09:00 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 406915 Deputy 59 New cert Cert Fees 1113213 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78- 1435 FILE NO. 07-3335 ygW-7� o,�,. 0 0 CITY of ORONO V4 ti ti RESOLUTION OF THE CITY COUNCIL ��9kEsI'iO4�G NO. 5 7 4 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78- 1435 FILE NO. 07-3335 WHEREAS, Douglas W. Franchot and Margaret S. Franchot, husband and wife, (hereinafter "Owners") are the owners of the property located at 2010 Colin Drive within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Kelley Green, Hennepin County,Minnesota(hereinafter "the Property"); and WHEREAS, Owners have made application on behalf of the Owners to the City for variances to Municipal Zoning Code Section 78-1435 to allow a pool and pool house to be located closer to the front lot line than the principal structure; 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 public hearings on January 22 and March 17, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#07-3335. 2. The Property is located in the RR-1B zoning district, where two acres is the minimum lot area and 200 feet is the minimum lot width. The Property is approximately 1.94 acres in area and 368 feet in width. 3. The Planning Commission reviewed this application on January 22 and March 17, 2008 and by a vote of 6 - 1 recommended denial of the variances, based on the following findings: a. The Owners have reasonable use of the property without the pool and pool house. Page 1 of 5 o,�,. 0 0 C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SIIpNO. 5 7 4 4 b. There are conforming locations on the property for the pool and pool house. c. The proposal, in particular the pool house, would not be compatible with the surrounding area. 4. The City Council makes the following findings in support of approval of the application. a. While there are two sites on the property that a pool and pool house could be located in a conforming manner, those locations would place the pool immediately on the rear lot line and relatively near the neighbors' house to the north. The proposed location does not encroach on the 50-foot required front yard but is located nearer the street than the front line of the house. This location is an attempt to balance any potential negative impacts of pool use and location among all homes in the neighborhood. b. The property contains a number of mature trees, and if the pool were located in the conforming location in the rear yard, a number of mature trees would need to be removed. Additionally, if the pool were located behind the residence, the amount of sunlight the pool would receive would be drastically reduced. c. The only available septic sites, which must be protected from disturbance, are located in the northwesterly side and rear yard, eliminating this area as a possible conforming location for the pool. d. The applicants have provided a landscaping plan intended to reduce the visual impact of the pool and pool house nearer the street than the residence structure. e. One of the reasons for the ordinance is to maintain the streetscape and not have intrusions into the neighbors' view. There are only four lots on this private road and the locations of existing homes makes this proposed location less intrusive than it might be in a neighborhood with some other configuration of lots and homes. Minimizing the negative impacts on the streetscape will be dependent on how well the screening is maintained in Page 2 of 5 O O � CITY of ORONO a - � ti RESOLUTION OF THE T 4 4 COUNCIL `9kESII04� NO. the future. The addition of substantial screening is a critical element in making this pool location acceptable. 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. Notwithstanding the recommendation of the Planning Commission, 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 Owners; 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 grants a variance to Orono Municipal Zoning Code Section 78-1435 to allow a pool and pool house to be located closer to the front lot line than the principal structure, subject to the following conditions: 1. Council approval is based on the site, building and plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A, B, and C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining building permits for the pool and pool house before April 28, 2009 or the variances will expire on that date. 3. 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 Page 3 of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SII0 NO. 5 7 4 4 terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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. Adopted by the Orono City Council on this 28th day of April, 2008 ATTEST: 4Lina S. Vee, City Clerk J es M. White, Mayor 0- a"CIA ixll c kzl-' Douglas Franchot Margaret-S. Franchot Page 4 of 5 O O CITY of ORONO a � ti RESOLUTION OF TH6 $I TYC COUNCIL `4kEgII�� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of 2008, by Douglas W. Franchot, husband of Margaret S. Franchot. MONICA A. FADNESS NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2012 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2008 by Margaret S. Franchot, wife of Douglas W. Franchot. 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WITNESS my hand officially as such City Clerk and the Corporate seal of the Citi this 5th day of May , 2008. Cit Clerk ! 'Y 1 1 Y ar T ',1i