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Home My WebLink About#5833-variances-2009 � l� �� .� O,�. Q ,,� , O ��-�. ,, ,� � CITY of ORONO � �`� � RESOLUTION OF THE CITY COUNCIL �L�kESH�4�� NO. J H � � A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTION 78-1288 FILE NO. 08-3378 WHEREAS, Michael T. Whittington and Julie A. Whittington, husband and wife, (hereinafter "Owners") are the owners of the property located at 1981 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 4, Fa�erness and accretions therto lying between the extension southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, Hennepin County, Minnesota(hereinafter "the Property"); and WHEREAS, the Owners have made application to the City for a variance to Orono Code Section 78-1288 to allow hardcover in the 75 to 250 foot zone in excess of the allowed 25 percent; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on September 15, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zonina File #08-3378. 2. The Property is located in the LR-1C zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 0.68 acre in area (0.46 west of road & 0.�2 east of road) and 100 feet in width. 3. The Planning Commission reviewed this application on April 20, 2009 and on a vote of 5 - 0 recommended approval of a hardcover variance to allow 31.97 percent hardcover, based on the following findings: Page 1 of 5 .� O ,�. O � � j��a�. CITY of ORONO ,� � ,� �- ,., ° �=.. ti � � � '�' RESOLUTION OF THE CITY COUNCIL ��kESH��G NO. � � � � a. The lot rises 16 feet from the road to the highest point of the lot. The house is designed with the gara�e at the basement level. It is placed as close to the road as is possible while still keeping the slope of the driveway to less than the reasonable maximum of ten percent. b. In order to have a view of Lake Minnetonka toward the west the topography of the lot makes it necessary to locate the house as proposed. c. Without the extra ]ength and width of driveway and the retaining walis necessary to manage the slope the proposed house could be built without a hardcover variance. 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 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 �enerally to other property in this zonina district; that grantin� a hardcover variance 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 ri�ht of the Owners; and would be in keeping with tl�e spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findinas, the Orono City Council hereby grants variances to Orono Code Sections 78-1288 to allow 32.55 percent hardcover in the 75 to 2�0 foot zone when the maximum allowed is 25 percent to allow for construction of a new house to replace the current house, subject to the following conditions: 1. Council approval is based on the site/�rading plan, submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 .� o �. 0 0 �'��a�_ -,, ;,, � CITY of ORONO � � ::� � � RESOLUTION OF THE C�IT�Y ,C�OUNCIL ��`9kEsH04�G NO. � ,. amendments to this plan may require further Planning Commission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 3,983 square feet or 32.55% as shown on Exhibit A. 3. Hardcover in the west 0 to 75' zone shall remain at 264 s.f. square feet for the stairs to the lake and retaining walls as approved by Resolution No. 1713. 4. Hardcover in the east 0 to 75' zone shall remain at 829 square feet for the parkin� area and timbers as approved by Resolution No. 1713. 5. 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. 6. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 7. Owners shall not place any plastic or fabric liner material under any landscapin� on the property to ensure their permeability as non-hardcover surfaces. 8. Authorities aranted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new house before May 1l, 2010 or the variance will expire on that date. 9. Once construction of the new house commences the street setback variance for the existing house granted on August 12, 1974 shall be void as shall be the hardcover variances for the 75 to 2�0 foot zone granted by Resolution No. 1713 and Resolution No. 4984. 10. 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 Page 3 of� � O ,�. Q ,�, O �� CITY of ORONO a � � � �� ::a�� ti RESOLUTION OF TH�,CITY COUNCI L ��`9kESH04�G NO. � � � ,,`� terminate any authority granted herein, and shall be punishable as a misdemeanor. 11. 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 llth day of May, 2009. AT�'EST: t1�� s;>5 ,.;; c r�'� �' r� ,::` �' ,:�. �� ' ' ' � �, G��= � � - _�� > , �inda S.Vee,��City Clerk J es M. White, Mayor i�`: ,� *:-� ,:. . :j`;' Michael T. ittington Juli . hittington STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of !/�•�_, 2009 by Michael T. Whittington, husband of Julie A. Whittington. i,v ,;, � MONICA A. FADNESS � — _ NOTARY PUBLIC-MINNESOTA � ':.,+:;� My Commission Eupires Jan.31,2012 Notary Public Page4of5 � o � 0 0 �' � - CITY of ORONO � � �a=;� , J � ?;�, � �.� �' �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH04� N0. � � � 1 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �day of � , 2009 by Julie A. Whittington, wife of Michael T. Whittin�ton. :n�-��-Y�-, �`�' MONICAA. FADNESS •^ �' . NOTARY PUBIIC-MINNESOTA "' ,s d My Commission Expires Jan.31,2012 NOtaT'y PubI1C ��,_. Page � of 5 , i` o z � \ � {louse/Patio/Dcck size must be reduced � so Iotal hardcover in 7�-2�0 is no more tl�an w � Gara e floor ele��ation: 9-11.0 � ao W;� g 3.983 sq. ft. or32.ii%,. � U� ��Z m I � � � z / � W pa� O � z �w o I A z °° % � �/�� ,��'� Dri�e��a��ar►d retaini�ig«alls iti street�ard �p� �Z W �� q�,�, inust be constnicted according to this plan. � � W ��Z � , / � �/� �//� ... S 60°38' � O x�' � � v'� // � �� ' I r sa.$Q' --- sz�, ...:�I'..-� G� !�w 66.00 / � /' ---- / / q�� I .•'W000 TIEER / 1i�5.7) � �. .• / - "'_ •� �• 1�l : ..�Q�g6 � ♦ � "4�.��.. ,/::.;�': ' � "• � 52.22 � /I / / � I �I � � / �0 �b6 � , ,.. _ _ � ��,�� I - - . m � l 1 � � �� y,�, � a . � � a e�.t ��. x � l I /I � a, �9 - ,� � � a : / �000 x . ,;. I � � � � �� I I o/ I � I � - �......... .es.o .. �_.. 11 � o c� . ...-- ...._ �-. // / � � / �/ � ^ � �o� � o� I DR��w � � I o o � � � , � � �7 , . �� I PROPOSE y �� o� � I I I I I �- I` ��'� `9,�ti1�5F-N�P � I rn � I; 9 936 I I�I .— �O. � 1 �� o , -� 3 8 � � � � � I S�N�- E— I� Q��' s .. 9ao �: � � � � I � � � ��I ° Q��P 1 c�F. ll 94z : � b I I: I � N w \ �; �_ � � � : _.. ; �_ � � 5� ' � �� R�.�_ �� 1 � o��,� o �o A� � � �: � � � � � �,� 95° I 4 ,�� ,� .� ! � � � � � : I _ - � � I � 1;��.�� I�I �,: ;� a " � �``�, � � � I: � o � o � I 1a .��a�`� PP�\ � �6 0�°` I ° O H I ► 5�`�� o t �� ° � '� � ��sE� € � N, o �� I �, 1 �.i �`o� R� I � � Z z '��' � I � I� � � E�, � �� . � I / "' : � I � �, � o .:. I I z 1 I I I� q; _ �. 9q4 �n`, � � / I � 0 I � i � i � �.� - _-� � � . .. I I I I�. .� 'chso.e� caw.a� 121.78 ��ss 94s ' 50I 0 � I .I.,.:'.'..40.00 ' .. . .; }:..r. ......r............� •' ��"1 1� \\\ \`•,� — '_' '_�9193) �1[1E'IQYSfdE"AEfAI�q 11 yy � � � _ — 1 / ��.,.,� �916J) � \ 7 �" � � 66.00 `� �I I � I \ - -` .._..�—��\2' 33" W I � � � 171.�8 ........- I I � .� I I I 1 �, \I 1 � � �91S.J) � / 9J9.6 � I� (_r.._t � _ I a STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on May 1 l, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 14`" day of May , 2009. W � � � , , � � �, °, , , `.'� L %��s�, .' 1 ,�7,�� `°� ' kY�, � k; ` City Clerk �' ;-�.' (seal�,' ,;s �.�"�'� A, u� _4 . � '�� :@S;-��SC. 2 . �A.s°., ,;'='; . t t, , fi. . ... .`�_'''� � ' / ��/ �� l�l�5S �D��G� /�� 9 ��'�� Doc No T4656005 Certified, filed and/or recorded on 6/15/09 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 1 Pkg ID 546736 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1063656 This cover sheet is now a permanent part of the recorded document. � A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTION 78-1288 FILE NO. 08-3378