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Home My WebLink About#5469-variances-2006 t � O _ V O O '��;�,. - CITY of ORONO � � � '� '��'`,� ti .�� ,,�G RESOLUTION OF TH 5� ��COUNCIL `gkESI30� NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305, 78-1288 FILE NO. 06-3179 WHEREAS, Thomas Radke and Mar�aret Radl.e, husband and wife (hereinafter "the applicants") are the owners of the property located at 3424 Eastlalce Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Block 1, Bayside Beach, Hennepin County, Minnesota (hereinafter the "property"); and , WHEREAS, the applicants have made application to the City of Orono for a va.riance to Orono Municipal Zoning Code Section 78-305 to allow a covered porch entry to encroach 28.3 feet into the required 50' side streei setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoninj Code Section 78-1288 to allow 4,239 s.f. or 36.5% hardcover within the 75' — 250' setback zone where 25% is normally allowed and 31.7% was previously approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3179. 2. The property is located in the LR — lA, One Family Lakeshore Reside�itial Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The Plannin� Commission revie��ed this application at public hearings held on March 20 and April 17, 2006 and recommended approval of variances based on the follo«rina findinas: Paae 1 of� � � O� O O ��a�:_ , CITY of ORONO a ° ° � � �b�;b- �',� ' `� �'�' RESOLUTION OF THE CITY COUNCIL L`�kEsKo�"� No. 5 4 6 � a. The property is 18,180 s.f, or 0.42 acre in area and has 88' in width at the OHWL and at the 75' setback. b. No additional laizd is available for acquisition by the applicants to make the property conforming with respect to the street side setback. c. The property was created in 1980 as part of the Bayside Beach plat. At that time the City reco�lized that the creation of tl�ree substandard lots and one outlot was preferential to the continued operation of a marina. d. Per Resolution 1820 in 1985, the propei�ty received hardcover variances for the 0-75' zone for 5 square feet, and 75'-250' zone for 3,572 square feet for a home and supporting hardcover. The City Council finds that the proposed level of hardcover of 4,239 s.f. is necessary to allow the applicants reasonable use of their property. 4, The City Council has considered this application includin� the findin�s 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. 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 d anting tlle variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighUorin� property; would not merely serve as a convenience to the applicants, but is necessaiy to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial 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. CONCLLTSIONS, 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 and 78-1288 to allow a 21.T side street setback and hardcover��ithin the 75' — 250' zone consistin� of 4,239 s.f. or 36.5% in order to construct a covered porch addition to the street side of the home and a pergola on the lakeside of the home, subject to the followin� conditions: Page ? of� � � O ` Y O �� O ��_ , ,:, � C ITY of URONO � � � � Y RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�`'�� No. 5 4 6 � 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 which are not in confoi-mity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 4,239 s.f. or 36.5% per the proposed plan and hardcover allowance suinmary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or chan�e 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. Applicants shall remove all plastic or fabric liner inaterial from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals oF stnlcture and hardcover shall be completed by the footing inspection for the porch. 5. Applicants shall grant the City an easeznent over the portions of Outlot B in which the municipal sewer line and lift station exist. 6. Autharities granted by this resolution nu1 with the property not with the applicants, but are permissive only and must be e:cercised by obtaining a building permit for the ne�v constniction within one year of the date of Council approval, or the variance will expire on that date (May 22, 2007). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zonin� code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersi�led applicants have 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22�d day of May, 2006. Page 3 of� � o� 0 0 � '��. - �. CIT�' of ORONU , � �, � �, °�i� ti RESOLUTION OF T C T COUNCIL �L`gkE58�4�G No. �� 5 4 6 9 ATTEST: ,�;�/ ��.,:.� Cf - (� /�,.:Y,.,,- J� r�I- �,� _s! � "�,�r'` , ,f:/` ._ e,';- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ` � i .--- � ,✓ , !�` .��-�--�� r` 'r��" �_ �!i`--...__... �� Pfoperty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN _„,;, The foregoing instruinent was ackno«ledged before me on this �`��' day of i i r i:,y� , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ';'��5�,, RACHEL DODGE _ �._ . r� � ` ;`, _"� t., �:. ;��4�t;� ;IOTARY PUQLIC-MINNESOTA � �:, �' .t� � ��;:'` ly Commission Expires Jan.31,2010 Notary Public ��?a^.,✓'-rc..�+'';c�1":��_"�.�-:....�� J STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acicnowledged before me on this =`= ��day of r' % %��-�� , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Miiulesota municipal corporation and said instru��ent was executed cn behalf ef tl:e City. , r. .::::��:_��:�� , Notary Public ;; ��,��, RACHEL DODGE � ��,��i �IOTARY PU6LIC-MINNESOTA ''� �' "'1 ,,� ',4y Cor�mission Explres Jan�31,2010 �;� ..�<_-�;�._.-..`-c'��e."�.c�'r..a�sL:;�e.�rr--'-�^�—,�!=: PaQe 4 of� � o� o��, o ��, - CITY of URONO � � � �,� , �, :.. dl,� �� " � �'�' RESOLUTION OF T CIT OUNCIL L�kESH�4� NO. � � 5 � �i '� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this��C� day of t�� , 2006 by , Thomas Radke, husband of Margaret Radke. *�.�--3�'�'" '.. �Y�"�"°" f�FNISE M. LESKINEN �� _�� , �vOTAP,Y PUBLIC-MINNE50TA ,�" ( � ��-; > >{,��.'� �__._-, ��,�� a ; . . :. _ ,�h�A �,1; i:nmission Expires Jan.31,2010 N�tary Public , ,,. ,—. �,r,- . .-. . .. . :.._;�-;.�.�^.e�'r STATE OF MINNESOTA COUNTY OF HENNEPIN , : This instrument was acknowledged before me this:°_day of . 2006 by Mar�aret Radl<e, wife of Thomas Radke. � ��=r. �:.��;��::�z�'.-�w,`' ' - /; - �y; " +��t`ISE M. LESKINEN �,� k , : - __�_.__._.�_. ��},n�`�c� ;,p;;�RY PLIBL!C-MINNESOTA ; ' � . — �� ,� ��^,y Commission Expires Jan 31,2010 �TOt3I'V pUbI1C �� . - -;�� . Page � of 5 i , . ��'�l��( CERTIFICATE 0�' SURVEY FOR THOM�S E. FZADKE � OF LOT 3, BLOCK 1, BAYSIDE BEACH L �7- �� I ' HENNEPIN COUNTY, MINNESOTA I 14' EAST 184.91 I .1., -rr. nni� ..�T--.sE7111 l , {� � : � BUCMIOP 929.4 � I Ys��U✓�\ �-----_---------� U0.1VEY/AY -------------------,- ----�---�------- �. CONTOUR..... I �i � ��c'�_corK. ^ ' 6 P,� -.._.............. . �•""""".__I... � 5�.6� IINF o I i � ❑ ry ]6.6 ' / �1 h h „ I 1 I � 5.] 1 ' N �nvEn � EXISTING �' � �' LAKE: � I i ( PATIO ,_._- � av�cfcroP � � � �I L O TI � � \� HOUSE � DRNEWAY � � f z,� � l'-� � f�3424 ia.o I w i�. MINNETONKA �I ; J �.T a.oCON . � � " • � SURVEY I � STON[ � PA Eft 51�EWALH `I � /�� ° �LINE �a,�noaota � z.o 9� ,� �-_o� \ STUBBS BAY o I SETUACK�� = $�I" ��j�� -�� C;' Z I UNE / � 2e6 f �� V� DRAINAGE AND.:- -"��' I _v� J •� .••`UTILITY EASEMNTS"-� --� 6 �, r-a�nrno✓ro : .• ,� / � ^.. ' : � � ---L----------- —�'— .��-------------' ------ ---------- -- ---- 0 o � � 23' WEST ` 196.17 � � ��aE EAS"�' LAKE STREET ' � � .� � L[GAL DESCRIPTION OF PRFMISES : °�' -- NO7E:ACCURACY OF HARDCOVER LOCATION, Lot 3, Eilock 1, BAYSIDE BE.4CH AND EXTENT OF ADDITIONAI.HAROCOVER z/i�/oe REVISIOIJ: PHOPOSEO ADDITION AD�EO IS LIMI7ED 9Y ICE AND SNOW COVER. I herehy cer�lry�hat Ih�z nuney w,e prap.red hy me or undermy SULE GRO1�BERG AN D dlrecl supervlslon,and lhel I am�duly reglslered Clvll Enpineut �"=ZQ� O : C1F1f10tC'S lfOtl fT18f{(2f . - end Land Surveyor under Ihe laws ol lha Stala o(Mlnnesole. f�earings shown are based upon an assumed datum. ASSOCIATES� {NC. nnTE CONSUITING ENGINEERS, LAND 1-10-OG This survey shows the boundaries of the above described property, the loca- SURVEYORS, &SITE PLANNERS ��'"n i��...�'.1 ��-�-�-r %-..;=,>,_ tion of an existing ho�se, and the location of alt visibte��fldfC�COVef�tll2fBOf1. qA5 NURTH WILLOW DRNE LONG LAKE,MN.SS156 " OG-OOL . q52.q7).q�q� MetkS.Gron6ery MlnnesoleLlceaseNumber12Y55 _ It does not u� ort to shotiv an other im rovements or encroachments. «o