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Home My WebLink About#5203-variances-2004 � o� � o ��,, o `�,:.- CITY of UI�Ol\TO :� ,., _ � a �:�"- ti �► � :a ti ,� _ � RESOLUTION OF THE CITY COUNCIL L�9 4�' NO. � � (?�,' kESB� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONI�G CODE SECTION 78-305 (B) FILE NO. 04-3019 �VHEREAS, William L. Sullivai�, a single person (hereinafter "the applicant") is the owner of tl�e property located at 325 Crestview Avenue witl�in the City of Oroi�o (hereinafter the "City") and legally described as follows: Lots 3-5, Block 5, Bayside Addition to Lal<e Mimle�onka, Heiinepin County, Minnesota (hereinafter the "property"); and �'�'HEREAS, the applicant has made application to the City of Orono for lot area, lot width, front yard and side }�ard setback variances to Orono Municipal Zonin� Code Section 78-305 (B) to allo�� construction of a new residence on a lot that is 0.43 acres in area when 2.0 acres is nonnally required, has a width of 15C1 feet when 200 feet is nonnally required, and to allow a front yard setback of 30' when 50' is nonnally required and a south side yard setback of 19 feet when 30 feet is nonnally required. NO�'4', THEREFORE BE IT RESOLVED Uy the City Council of Orono, Mimlesota: FINDINGS 1. This application was reviewed as Zoning Pile #U4-3019. 2. The property is located in the LR— lA, One Family Lakeshore Residential District, which requires a minimum lot size of 2.0 acres. The applicant's lot is 0.43 acres is size. 3. The Planning Conunission reviewed this application at a public hearing held on June 21, 2004 and reconunended approval of the lot area, lot width, and front and side yard setback variances based on the following findings: Page 1 of 5 � � o� o ��, o � �,,,�- C IT�' of ORONO a � '� �(�� ,.. Y, ;��:.:. � � RESOLUTION OF THE CITY COUNCIL �L`9kES804�G NO. � � `�� a. The lot is an e�isting lot of record where the existing house was constructed prior to adoption of the Zonin� Ordinance. b. The lot is 0.4� acres is size locate.d within a small lot neighborhood yet reinains subject to the 2.0 acre zoning district standards. c. The setbacks proposed fit with the general development of the iminediate small lot neighborhood. d. If the Zoning Ordinance standards were enforced the applicant would be forced to construct a lon�, naizow home. e. The proposal meets all other standards established by the Zoning Ordinance. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments b}� the applicant 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 appl}� 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 nei�hborina 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 Zonin� 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 78-305 (B) to allow construction of a new residence on a lot that is 0.43 acres in area when 2.0 acres is normally required, has a width of 150 feet when 200 feet is normally required, and to allow a front yard setback of 30' when 50' is normally required and a south side yard setback of 19 feet when 30 feet is normally required, subject to the following conditions: Page 2 of 5 �� o �� CITY o� O��NU �� i�� ,�. � a �� -�� r ti ,� � � `�,, �, RESOLUTION OF THE CITY COUNCIL L�kESIi�� NO. � � �� 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Eshibit A. Any amendments to the site plan which are not in confonnity with City codes will require further Plailnin� Coin�nission and Cit}� Council review. 2. Hardcover in the 500'-1000' zone shall not increase above 35%. Applicant is advised that any requests to increase hardcover above 35% shall require City approval, and increases in hardcover ��ill not likely be approved �vitl�out concun-ent reductions in elisting hardcover. 3. Applicant shall remove all plastic or fabric lii�er material from the decorative landscape beds on the property to ensure their pernieability as non-hardcover surfaces. 4. Required Hennepin County Health Department site remediation shall be completed prior to issuance of a building permit, This work can be conducted congruently with a deinolition perinit for the existing house and any out- buildings. 5. 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 (June 28, 2005). 6. Violation of or non-compliance with any of the terms and conditioi7s 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. 7. The undersigned applicant has read, understood a�7d hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assib s, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 �� O ��.� 1 O Y.� .. CITY of Olt�l\TO a �' `�;�'� ti " `��''� '�' RESOLUTION OF THE CITY COUNCIL '��l r � ��' j I�. {�r' ;�,� `9kES8�4 NO. " Adopted by the Orono City Council on the 28`�' day of June, 2004. ATTEST: %�a .,/;, � r' � �ri, � a{ 't, '' �- � � tL.,; � _, , _ Linda S. Vee, Gity Clerk Barbara A. Peterson, Mayor / . , ,l ..,r;, _`' �';' , �;,i%L_ ;��'��-' 4��__ ,�,..�,:., Property Ow�ner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��'� day of _'�_, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minilesota municipal corporation and said instruinent was executed on behalf of the City. . , -� ,.; , ; .. ,; _��= t� � �.ar- '�'"�. �' '� k� , �� i n Ir� , , , �. Yy _. �'1 �k..:.✓.t'�7�.,/..., - ��,k 'y�� l�c��a�'` ' - �,y , ,�,�. . ; ; � ; Notary Public ;'� .�- ,,,�;�� . � ��.,.. ... �, '�w _..� . +3. ::.•:�u=i'...•_y._x,�'�.;r; STATE OF MINNESOTA COUi�1TY OF HENNEPIN S� The foregoing instrument was acknowledged before me on this � day of _M.��-�_, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal coiporation and said instrument was executed on behalf of the City. _._ .:�,�.�- .�- � , i � �AC�iEL DODG� ~'4 �. C2_-L� 6�_��.�-t� �'�C�rL��_— � , F!77.',?YFUOLIC-MIiJP:�soTr� Notary Public !��;; �.,�ssionExpiresJan.:ii,';;y` Page4of5 . � _ V � � , � ��_� CITY of ORONO � ,� �,_. ,�, � �, � . p�' � � �r� ,, �� f ' ' a '�. �'j~' RESOLUTION OF THE CITY COUNCIL L`9 4�'�' N O. � >. C; �< kESI3� State o irulesota ) ) ss. County of Hennepin ) .�t`�rf t' �- This instrument was acknowledged before ine this ;''' ' y �� ' , 00� �da of - �; '�-�° ? � ' by William L. Sullivan, a single person. �, 'a, r `; �� ; ,: �a 4 � � t r, /�,"` ,,,,-"' t 1l�1r��E i;�r ' }�' -/ j,'�''jf/ � t /�! // 1., ,i � ' ": ��Jl � �- �� -' � � � NotarS�Pul��`li� � ANGELA l. BU�KHALTi.-.� NOTARY PUBLIC-MI�dNG�OT,". bAy Cprnmission Expires Jan.31,�. �....:,.i Page 5 of 5 � ` �� % 7iD EXHIBIT A �� -�� . �558.4� , � •_ :�� ` f� � /(952•3)I S 89°34' 00" E 125.25 o.z........ ————— ��57.z> �QS�.o� ,, � --� �� (956.1) �;; (956.8) � PROPOSED : � DRIVEWAY : � O .�� —�' O O ` � = O � - � ----- --------=--------------------- ---- - -- ------��------- sB.s : ........................�...J...................... � 18.5 11.5 " (95+.6) o � (955,7) �950.2) ri � N N (955.9) �- � 2.0 � / 0 1Z.0 (956.3) (950.8) N PROPOSE� _..�. o � o.�s., � M "' °.25.,, �.� HOUSE __'_'4 (9d7.7) I�AANHOLE� ••... � ------_-",----�------'----'-----^-�--�-------'- _...-------------- RIM- 95536 INV� a46.02; �, ..........50:6.. .. 71.0 �325, 2.0 . = BENC MARK ........................... .......................,...,.,.... � 50.2 N ooe ........................30.5.................... � � �' S � � 2.0 � 0 u-i PROPOSED P00� � 1O 1 � .......... ............. AND PATIO `° I ��- 16.0 �� 29.0 ........................34:5...,..................... � So,z J. ,p � � M1i �0.2.. �O O� :� � 0.4. .Q. i •- --(945.1)� (955,3) � N 89°34' 00�� W 125.25 tg52., � � _, i r, '� i t'� .. .. PROPOSED ELEVATIONS : LEGAL QESCR { PTION OF PREMISES ; 1 ) Garage = 958.5 � _ � _ � . __ � � o � „_�, � onvcinc 2} Top of foundation = C