The URL can be used to link to this page

Home My WebLink About#5620-variances-2007 � o� 0 0 ' �� - CITY of ORONO ��. � � RESOLUTION OF THE CITY COUNCIL ��`�kESII�g'�G NO. �6 7 n A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 AND 78-1288 FILE NO. 07-3251 WHEREAS, Mandeep S. Sodhi and Leisa L. Sodhi, husband and wife, (hereinafter "Owners") are the owners of the property located at 4080 Dahl Road within the City of Orono (hereinafter "City") and legally described as: Lot 14, Block 1, Pirates Cove Hennepin County, Minnesota(hereinafter "the Property"); and WHEREAS, the Owners have inade application to the City for an after the iact variance to Municipal Zoning Code Section 78-330 to allow the existing deck to remain as constructed with a 0.76 foot setback from the side property line when a ten foot setback is required; and WHEREAS, the Owners have made application to the City for an after the fact vaxiance to Municipal Zoning Code Section 78-1494(3) to allow the existing patio to remain as constructed with a 1.7 foot setback from the side property line when a 2.0 foot setback is required; and WHEREAS, the Owners have made application to the City for an after the fact variance to Municipal Zoning Code Section 78-1288 to allow 34.49% percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent; 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 a public hearing on February 20, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, TI�EREFORE, BE IT R�SOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zonin�File #07-3251. 2. The property is located in the LR-1B zoning district, where 1 acre is the Page 1 of 4 � o� 0 0 ' � - CITY of ORONO �� { ti �� G~' RESOLUTION OF THE CITY COUNCIL t�kESHO�� NO. �,�i F� � n minimum lot area and 140 feet is the minimum lot width. The property is approximately 1 acre in area and 46 feet in defined width. 3. The Planning Commission reviewed this application on February 20, 2006 and on a vote of 7 - 0 recommended approval of a variance to allow a five foot setback for the deck, based on the following findings: a. The property is oddly shaped and the house is awkwaxdly positioned on the lot. b. The deck is located well away from�he adjacent house and does not intrude on that property. c. The deck also functions as a walkway from the house to the lakeside yard. The reduced setback will provide an area for sitting ar dining without blocking the walkway. d. The location of the deck provides the best view of the lake from the property. 4. 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 variances 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 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 nei�hboring property; would not merely serve as a convenience to the Owners but are necessary to alleviate a demonstrable hardship or difficulty; is 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. Page2of4 � o� 0 0 ' �� - CITY of ORONO ��. � � �� ' p~' RESOLUTION OF T E I Y COUNCIL t�kESH04� NO. � � � O CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow a five foot setback for a deck, a variance to Orono Municipal Zoning Code Section 78-1404(3) to allow the patio to remain with a 1.7 foot setback and a variance to Orono Municipal Zoning Code Section 78-1288 to have 34.49% percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent, subject to the following conditions: l. Council approval is based on the site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any k amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be as allowed by Resolution 4719 (zoning application 01-2689). Hardcover in the 75-250' zone shall be limited to 3,235 s.f. or 34.49% %. Hardcover in the 250-500' zone shall be limited to no more than 30 % per the proposed site plan and hardcover allowance summary as depicted on Exhibit A. The Owners are 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. To help remedy a basement water problem pervious fabric is allowed only at the locations shown on Exhibit A. Owners shall not place any additional plastic or fabric liner material under any other landscaping on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the Property not with the Owners, but are pennissive only and must be exercised by obtaining a building permit for the deck, completing the alteration of the deck and removing the hardcover as noted on Exhibit A before September 4, 2007 or the variance will expire on that date. 5. 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. Page 3 of 4 . � . � O� O O ' � CITY of ORONO ��:- � � �� '��' p'�'� RESOLUTION OF THE CITY COUNCIL �`�kEsKo�� No. 5 6 2 0 6. 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 29th day of May, 2007. ATTEST: , -��, �/� �� /� Lin a S. Vee, Cit Clerk J es M. White, Mayor � r � i" a ep S. S i � eisa L. Sodhi STATE OF MINNESOTA COUNTY OF HENNEPIN r This instrument was acknowledged before me this�day of . L.�� , 2007 by Mandeep S. Sodhi, husband of Leisa L. Sodhi. n ~wn�'� RACHEL DODGE n `� =�gt�!= NOTARY PUBLIC MINNESOTA � �Q— L �X /�UG�� 1= My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN -f G-� This instrument was acknowledged before me this � day of `= � �-� , 2007 by Leisa L. Sodhi, wife of Mandeep S. Sodhi. I�Ci � 6�..�_ ( ��LC ( � � �,��•�. RACHEL DODGE -j � ' `��" NOTARY PUBLIC-MINNESOTA Notary Public ��_ �;,;,,� My Commission Expires Jan.31,2010 Page 4 of 4 ZONING FILE NO.07-3251 EXHIBIT A RESOLUTION NO. � � � � ` � � F Hardcover Calculations for 75 to 250 foot zone M Existing Proposed s+a+o,Hc ns�oo�,m r� � R sq.ft. sq.ft. '-"� � � oxv.m.1°°�:��. � i Rear Entry Area _ _ _ _ _ — - � � brick pavers ' retaining wall 39 39 � � patio 77 77 � * � � rock landscape �a h ' � deck 41 41 , 4�� subtota! 157 157 � ! � i , Deck Area — - deck 298 287.42 � � i steps to deck 99 99 :_'`'};>;,:< ,-� patio 358 365.78 -------- - _��o �� concrete steps 20 20 h o subtctal 775 7722 a'„ Front Entry a = paver patio 118 118 subtota! 118 w r�� Lake Steps � subtotal 238 23B �� Qw�o�s . House o� f��c �n ��s � subtotal 1299 1299 �5 AS SNOMN z o �''� �"O bP- veen a,aooa.__�_ _ ' 1:1 r� f LN'lG1.C.C� Pervious fabric 1,000 768.64 vo�o�sR� � ,g},, N TOTAL 3,587 3234.84 �'• -'; Percent Hardcover 3g.25% 34.49% _�� '�' "F—y� 1I A�""�""E'°A�05�" fl�"� ' L (199 SO rL OF NApL �%.1? — :oce "�—" 3 v.r. � . .. r�� O �d��•`�`. `�� ~ ��: y d d¢ck i�o b2 �oa� '� ''' p¢r v�s.,S ptFe.ed �o �. . � �:c!'.�,,�,�.�� * '�c►bnC A�� tu¢� �,.�a" P . a 5�S�bac.t ;��,,,,;.,'A,�,000� � ' c�'' _�:,,/,t�°`to{�o�s,,om°,. ;'':'� ,r,. ;�d — . . � __ '.� ti5 rt�x,_ �_��--iru—'� _� �SO,p�, h9M1J I! M1� I� ye�=`�c ` ��rSfTB� ry� / � '"yOF=� . � 1� �� 4�� . � O o �� iG�VNGY� � . �: aee � �^ �Zbric ql4�,u,,e� F `;' , � ', � � �� \ _ �� \ 3 �� '� o v� 'o� � I o �°. �n ��os. ; I I � I ,, I I 1 , � ��a�,,_----- ,; WEST 181.31 � �---- ,�� v .�,,� \ L -' ° .o�nc�..c:. : .�, ..:_:.... n ' aHi Rnan ._ _ _