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Home My WebLink About#4926-variances-2003 . , � O ' V O �� O �'��ia - CITY of ORONO �K�.�� ,��'�,� c� _ � � � ��,, p~' RESOLUTION OF THE CITY COUNCIL l� s� Y!`0.¢� NO. � r:�� kESH '� � °� �`j A RESOLUTIOti' GRA�'TING VARIANCES &"' TO nIUNICIPAL ZONI\G CODE SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.03, SUBDIVISION 14 (C) FILE NO. 02-2861 �VHEREAS, Erik Thompson, (hereinafter "the applicant") is the owner of the property located at 1940 Concordia Street within the City of Orono (hereinafter "the City") and le�ally described as follo��s: Lot 1, Block l, Fagerness Green, Hennepin County, Minnesota, (hereinafter "the property"); and `VHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B)to allow constniction of a second story to the existin�house to be 14' from the front lot line where 30' is required in the LR-1C zonin� district and to permit 2,840 s.f. (17.9%) of structural lot covera�e where 2,371 s.£ (15%) is allowed; and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannin� Commission held a public hearing on January 22, 2003, at ��hich time all persons desirin� to be heard concernin�this application were gi�-en the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FII�DINGS 1. This application was revie��ed as ZoninQ File #02-2861. 2. The property is located in the LR-1 C Zonin�District,�i-here.5 acres is the minimum required lot area. The property consists of appro�imately 0.3� acres. 3. The Orono Planning Commission re��ie«-ed this application on January 22, 2003 and recommended approval by a��ote of� to 1. Page 1 of 6 � o� o��, o ��.� CITY of ORONO � , ��✓�� -� � ��.� �, .�: ti �� }�i��,.�G RESOLUTION OF THE CIT COUNCIL �kESIi�4 NO. � � �4 �' � <, ,. ;� ��r ,_a 4. The Planning Commission made the following findings of fact: A. Planning Commission finds that a lot area variance is not required since the existing house foundation and part of the first floor �valls will be used, without structural repairs. If the foundation which is located within the 30' front yard setback is found to be replaced, the application needs to be revisited and reviewed as new construction. B. The existing residence was built in 1920,prior to existing zoning standards. C. The hardship is the existing house location in relation to front lot lines. C. The hardcover in the 250-500' setback zone is belo�v the allowed 30%. D. Lot coverage by structures will be 17.2%,above the 15%limit. However,the applicant is removing the shed decreasing the amount of lot coverage by structure that currently eYists on the property. E. The irregularly shaped property is due to a subdivision which occurred in 1973. F. The new second story�vill not adversely affect any adjacent neighbor's view of the lake. G. The applicant has reqiiested to add to the existing house rather than build a new structure on the property. The o�vner has stated the existing foundation will not be removecfi or altered as part of the remodelin�plan. 5. The City Council finds that the conditions existinJ on this property are peculiar to it and do not apply�enerally to other property in this zoning district; that grantin�the variances will not adversely affect traffic conditions, light, air,nor pose a fire hazard or other danger to neighborin�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 keepin�«�ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and Page 2 of 6 � o� :, o o�.,� ��:�-� CITY of �RONO } ' �� '`�-� �" _ �� ' �'��9 �,~' RESOLUTION OF THE CITY COUNCIL �`qkESgOg'�Y NO. " °:° � � � ,;�, ., �',� recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allo�v construction of a second story to the existing house to be 14' from the front lot line where 30'is required in the LR-1C zoning district and to permit 2,840 s.f. (17.9%) of structural lot covera�e where 2,371 s.f. (15%) is allowed. Approval is subject to the followin� conditions: 1. The eYisting shed and all hardcover proposed for removal is completed prior to a final inspection. 2. Final drainage plans shall be reviewed by City staff to ensure drainage is properly directed. 3. The property shall be de��eloped in conformance with the site plan attached as Exhibit A. 4. If it is determined the existin�foundation��hich is located within the 30' front yard setback is required to be replaced, all variance approvals shall be��•ithdrawn by the City of Orono and a ne�v variance application shall be submitted by the applicant. 5. Authorities �ranted by these variances run�vith the property not�vith the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval,or these variances will expire on that date (February 10, 2004). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersi�ned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby Pa�e 3 of 6 � �� O O�., �;a� CITY of ORONO � �� _ � �,�� Y �� ~' RESOLUTION OF THE CITY COUNCIL �� 4�G � kESH�e � NO. � �' _ . /� �, �;, ;,� `-,� :�' ,c� '.�i ab ee to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the l Oth day of February, 2003. ATTEST: _f- / �`' �� j�" / - . ,:-� .�_ C'.�E, '�..��' ��.�CC�' r�'�� Linda . , City Clerk Barbara A. Peterson, Mayor Property O er (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument�vas ackno�vledged before me on this l Oth day of February,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. l.��a.��d 9 Q A�„Yl Q.�—,,�� Not Public ALISSA A.WINTERNHEIMER STATE OF MINNESOTA NOTARYPUHLIC-MINNESOTA .;«+-� N,y Ccmmis,icn Ex.;,:-�s J��.31,2p(� COUi�1TY OF HENNEPIN ''��---�-K�_ ,�,�_A� The foregoing instrument �vas ackno��ledged before me on this _,�--�� day of February, 2003 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument �vas executed on behalf of the City. ;: F�t �� = � , /�;��_�-c,%�-c ��,�''( �_ � � �' tvo-�F;;��^r`�.,T Notary Public ` .. hty Ccm��i:sicn Er.;,�res„ A - �,,� ��5 .->o•-,---__ . _.�.. -.-.^ Pa�e 4 of 6 � o� o�s:,� :, o ��=�,.�� ITY of ORONO ,� ��^��. �, _ � � �� ' RESOLUTION �L''�'�,� ��4�G OF T�HE CIT �COUNCi� Y��` s' r-� kESHO NO. ��. �� STATE OF MINNESOTA COUNTY OF HENNEPIN � On this 1!�% day of �=,',�/ ,2003, %",��h /;' %�,, ,,y�:?>-:;� �;,i y ��.. personally appeared before me, � �vho is personally known to me _� whose identity I proved on the basis of ;�:�,�J ;7 � whose identity I proved on the oath/affirmation of a credible w-itness and�vho executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. J � � ' � DENISE M.LESKINEN ��,� ',�� NOTARY PUBUC-MlNNESOTA f . �i�� , �� Ny c«m��res.�an.s�,2oc� Notary Public :,d;: ST COUI�TTY OF HENNEPIN On this_day of , 2003, personally appeared before me, who is personally known to me �vhose identit��I proved on the basis of whose identity I proved on the oath/affirmation of , � credible w-itness and who executed the foregoing instrument,and acknowledjed that he/she/they executed the same as his,�her/their free act and deed. Notary Public Page 5 of 6 � � � Exhibit A �:-�� f�-<� �� 7 '; ', :�'. :;i { •t�y� .::�� ;.�:•� �y . o-1, � .: �`.=;s �':'"':._� ;�� - � �� r c.� �� +f� �� \�i� . \ �"� \�!'" \ �� — \� �•� —_ 1 — �,'�y� _ � � � � - - -----�� - � Q � r ,g � �-, ., , 3 � , � , � ;;; �G, w � x < � - C � I ' � o��, m X < � s �- � �w � � � � � `� — - - �- i = —-,� o s .� � -- ;� ► R G'� , � �� - . � . �� N�3 � � =� �� '—� � E�--� °N �� Z �� Z � `-i' � � v` � � — rG O � m � �' �� 9�z � 1 �c�c� �o� _. 1�d �_ � , .�. 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