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Home My WebLink About#5078-variances-2003 . � °� O '•�3 O ,� �1�; . :. ,, CITY of ORONO �' � � �' =� ~ '� G RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. � � '� � A RESOLUTION GR4NTING VARIANCES TO MUNICIPAL ZO�tING CODE SECTIONS 78-282, 78-305 (B), 78-1288 (B) FILE I�O. 03-2917 - WHEREAS, Winfield R. Stephens III and Nancy Stephens, husband and wife, (hereinafter "the applicants") are the owners of the property located at 350 Crestview Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lot 6, 7, and 8, and that part of Lot �, Block 6 BAYSIDE ADDITION TO LAKE MINNETONKA, lying south of the north 40 feet thereof. (hereinafter the"property"); and WHEREAS, the applicants have made agplication to the City of Orono for variances to Orono Municipal Zoning Code Section 78-282, 78-305 (B), and 78-1288 (B) to allow construction of a new residence on a property that is 0.455 acres in size when 2 acres is normally required and for the structure to be setback 30' from the front property line when 50' is required, 10' from the side property line when 30' is required and, 30' from the rear property line when 50' is required and also to allow 45% r.:rdcover in the 75-250' zone when 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2917. 2. The property is located in the LR— 1 A, One Family Lakeshore Residential Zoning District, which requires a minimum lot size of 2 acres. The subject property is 0.455 acres in size. . 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2Q03 and November 17, 2003 and recommended Page 1 of 6 . � °� o .� o '�i;�.� CITY of ORONO ,� . � �a.� � �'�t J�� G~ RESOLUTION OF THE CITY COUNCIL .q ��"g,.� kESH� NO. � O "� � approval of th� lot area, setback and hardcover variances based on the following findings: a. The subject property is 0.455 acres in size when the zoning district requires 2 acres. Also, the adjacent neighborhood in which the property is located has many lots under the required 2 acres. b. The setbacks of the existing home are non-conforming. c. A reasonably sized home could not be placed on the lot without setback variances. d. Over half of the property is unbuildable due to the 75' required creek setback. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by th� applicants and the public, and the effect of the proposed variance on the health, safety and welfaze 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 alle��iate a demonstrable hardship or difficulty; is necessary to preserve a subsi2ntial 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 78-282, 78-305 (B), and 78- 1288 (B) to allow� construction of a new residence on a property that is 0.455 acres in size when 2 acres is normally required and for the structure to be setback 30' from the front property line when 50' is required, 10' from the side property line when 30' is required and, 30' from the rear propery line when 50' is required and also to allow 45% Page 2 of 6 - .� O,�. O ,,� O ,� ��:� CITY of URONO �� ,�-. � � �,��- ti �'�� G~ RESOLUTION OF THE CITY COUNCIL `�kEsKog' ruo. 5 0 '�' � hardcover in the 75-250' zone ��hen 25% is normally allowed., subject to the following conditions: l. 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 «�hich are not in conformity with City codes will require further Planning Commission and City Council review. � 2. Hardcover in the 75-250' zone shall not increase above the approved 45%. Applicant is advised that any future requests to increase hardcover or change the nature of existing/appro�•ed hardcover shall require City approval, and increases in hardcover will not likelv be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove alI plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run �vith the property not with the applicants, but are permissive enly and must be exercised by obtaining a building permit for the new construction within one �-ear of the date of Council approval, or the variance ��Zll expire on that date (November 24, 200-�). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitut� a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicanU ha�•e 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 agrees to the recording of this resolution in the chain of title of the property. - Page 3 of 6 . � �� O � _ O � �.� ;. �, CITY of ORONO � � � � ti '� G~ RESOLUTION OF THE CITY COUNCIL L�kEs8�4� NO. ---�A �-�----- Adopted by the Orono City Council on the 24�' day of November, 2003. ATTEST: . ✓ �.� � ��-�J ...__,� _ .< � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor l� �-- �G-r�- Property wner(s) Page 4 of 6 - � o� o ,�� _ o ,�N� ,� C ITY of ORONO � �,y,�+� � 1 y. _s�l', �'�L �G~ RESOLUTION OF THE CITY COUNCIL � `4kESS�4 N0. �J� � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of t�� , 2003 by Bazbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. C��—�1�e �� Notary Public �- ' ALISSA A W!`JTERNHEIP�IER " NOTkR1'PUELIC-MINNFSOTA My Ccrnr<-_.,ion Ex,.-�Jan.31.2006 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �L day of � s,=E �1 :��, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. _ ,..T� l '�� No�rAarpue L DODG� ��`: �;/ / �t L!C-MIt��:�,OTA �-y`� CC_ � GL-C�� L-�'�\/� `'_—...;�� 'N�rtrt�slonE+�ire�Jan 31,�co, �: Notary Public � _-<�-.->.> Page 5 of 6 • � °� � o ,_�� o � �i,�� ,, CITY of URONO �, 1 �� ,� ti '� Y � G~ RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. a�O � � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this j day of 1�,�,�,�r 2003 by�Vinfield R. Stephens III, husband of Nancy Stephens. � -� � % �;� ;L�--�;-; DENfSE M.LESKi\E`� ' '`�°''� NOT�r at�et.ic-r.;!Nr,�so�ra �' �` � �::��; �,,,, . , �� ,t ;' - �,ty comrr�sssa►EzF;rs J�n.31,u..s No�Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this�day of ��`: ti,,,�r- , 2003 by Nancy Stephens, wife of Winfield R. Stephens III. i i -�'� DENISE M.LESKINEN � � - _ _ 11NOTARYPUBLIC1;M�N�3�A"5 �. Notary Public ��/�— '� .�:. .�, Page 6 of 6 � . 3�o rRE � TVIE �Y � V ENUE � •-�--r�, /�--� NORTI-EXHjBIT A 202.90 �O � ,� _ g--��. ��iP - , / � � � � � s � �� \ � � : � � � � = � ._� 6: ` �- . .. � � �m � � ,_, C�� \ i \ i i mn i ` r , � �z . ' \ � � D1 : � G � � {� 6 � y \ i 1 � � : � � � � \ � p�{rcd , ' "' ° �o � �C� - � � . _ ..,- ° -------------- � . : � ------ ---- ' � � \ -� � r�.y ,_ � V , - -�- � o ��, � r , r�•r �, � �� o o � , \\� � �` [,�� ! � m v � � �_: � \ :f� ,O� Si�G � ;` i �—Ni z �v m � � , — ' � V• 1 � �� R�, s� �, , � ) �, ' _ . � � ' � � � � ,. -._.._. , -� , � � . � ------------------------ � -------------- > � cn . --�i�' -� � / ------ ; x � m � � k � -' :. � , � r j za.7 �; p o v� . / � 2 1 �A Z� j ' i m � C�f�r' N � � � : - `" . CJi C � : . _.......... � i�,'� � i �4 ,os C,�r � i VC i � i - i � �� F o / ' � � � � � � _ � \ � : � � �� 1 � ° `� k� � � � � : : . : x � � ------------------------------ ' � � � ------------- € � -----------� i . � r 's � ----- �o ��-� SOUTH 1 10.00 __ SG i4 LE : 1 '' =�ao RECEIVED NOV 0 3 2003 C[TY OF ORONO