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Home My WebLink About#3537-variances-1995 ' s � �`" ��' �� T� O� OROIOTO o , o� �'�.>��_> I RESOLUTION OF 'ITHE CITY COITNCIL +;:- � ��f„�� , No. 3 e5 i °� r . . .�, ��9�,,, �o kEsH�4`' A RESOLUTION GRANTING �'ARIANCES TO ��LJNICIPAL ZONI'�i TG CODE SECTIONS 10.24, SUBDIVISION � (B), 10.03, SUBDIVISION 14 (C), 10.22, SUBDIVISIO\T (2) AI�� 10.�6, SUBDIVISION 16 (L) FILE-#1929 �VHEREAS, Alonzo B. Seran, III (hereinafter "the applicant"} is owner of the propeny located at 4099 Hiahwood Road within the City of Orono (hereinafter "City") and leQally described as follows: Lot 14, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and `'VHEREAS, the applicant has applied to the City for certain variances to allow replacement of the existing residence structure on the property with a new residence structure, includina a variance to Section 10.24, Subdivision 5 (B) for existina lot area of 10,��0 s.f. ��;ere lot area ef 43,560 s.f. is normally required, for existing lot width of �U' where required lot ��idth is normally 140', and for a proposed east side setback of 5.8' where a 10' side setback is normally required; and a variance to Sec tion IO.U3, Subdivision 14 (C) to allow lot covera�e by str�ctures of 18.4% where only l�% lot coverage is normally allowed; and a variance to Sections 10.22, Subdivision 2 and 10.�6, Subdivision 16 (L� allowed hardcover in 7�-250' zone at a level of 49.3% where only 25 90 hardcover is normally tiTp`�� THEREFpRE, BE IT RESOLVED by the City Council of Orono, Minnesota: F��DINGS l. This app�ication was reviewed as Zonina File #1929. ?. The property is located within the LR-1B, Sinale Family Lal:eshore Residential Zoning District. PaQe 1 of 6 vo�eoos o�,�a�� ' ��' CITY of ORONO O_:,,,. O �:,'�.�z--, RESOLUTION OF THE CITY COUNCIL , ,��1: � j'� �;�� ti No. 3 5 � `� , . .,, �'� ! �; � ��C� 9kE3H�g' 3. The Orono Plannina Commission reviewed this application on May 16, 1994, and recommended approval of the proposed variances based upon the follo�;�ina findin�s: A. There is no adjacent land available to increase the lot size from the existing 10,250 s.f. to the required 43,560 s.f. to meet the LR-1B Zoning District standards. B. Su-nilarly, no ad�itior.al land is a�ailable to increase the existing �0' lot width to the 140' LR-1B standard. C. The existin� lot width and area are consistent with other developed residential lots in this neighborhood. A residence has existed on the property for many decades. D. The existina residence is 5.4' from the east side lot line where a 10' side setback is normally required. The proposed new residence will be approximately �.8' from the east side lot line, but cannot be located to be 10' from the side lot line without endangering a mature tree located on the west side of the property. Further, many homes in the area are located off center of the lot, and the setback variance may preserve the look of the neighborhood as well as preserve views for homes located north of Hiahwood Road. E. Existing lot coveraae by structures is 19.3% where only 1�o is normally allowed. The proposed decrease to 18.4% will be more conforming than the existing lot coverage percentage. The decrease in lot coverage is due to a sliQht reduction of house footprint with the proposed construction as compared to the existing house. F. Existing hardcover in the 7�-250' zone is 51%, and «�ith the proposed plan will be reduced to 49.3%. Hardcover in the 0-7�' zone is only 1.2%. There is no excessive hardcover on the property that can be easily removed to reduce the hardcover percentage to a more conforming level. G. Applicant should provide a arading and drainaae plan confirming there will be no impact on neighboring properties. Page 2 of 6 �soos o��aa� � O�' �ITY of ORONO O_ :,,, O ��:��.-�_> >� RESOLLJTION OF THE CITY COUNCIL ' �� ' No. 3 5 � '� � 1�` :�� ti �� t9' 1�; \ ��G kESH04' 4. The applicant has provided grading and drainage plans confirming that there will be no neaative impacts on the neighborin� properties. 5, The City Council has considered this application includin� the findings and recorrunendations of the Plannin� Commission, reports by City staff, comments bv the owner and the effect of the proposed variance on the health, safety and welfare of the communiry. 6. The City Council finds that the conditions existin� on this property are peculiar to it and do not apply generally to other property in this zoninJ district; that aranting the variance would not adversely affect traffic conditians, liaht, air nor pose a fire hazard or other dan�er to neighboring property; would not merely serve as a convenience to the applicant, but is necessar}� to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property riQht of the applicant; and would be in keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby arants variances for replacement of the existing residence at 4099 Hi�hwood Road, includin� ��ariances to Section 10.24, Subdivision 5 (B) for existing lot area of 10,250 s.f. where loi area of 43,560 s.f. is normally required, for existing lot width of 50' where required lot �vidth is normally 140', and for a proposed east side setback of 5.8' where a 10' side setback is normally required; and a variance to Section 10.03, Subdivision 14 (C) to allow lot coveraae by structures of 18.4% where only 15% lot coverage is normally allo co�ern n 75 250c zone at a�level�of 49.3bdlwhere 2 and 10.�6, Subdivision 16 (L) to allow hard only 25% hardcover is normally allowed, subject to the following conditions: 1. Hardcover in the 0-7�' setback zone shall not increase above the existin� 1.2%• Hardcover in the 75-250' zone shall be limited to 49.3�o per the proposed plan. Applicant is advised that any future requests to increase hardcover or chanae the nature of existin� hardcover shall require City approval, and increases in hardcover will likely not be approved without concurrent reductions in existin� hardcover. Page 3 of 6 r.,.soos au a� o� � �' CITY af ORONO O O�, �� .�� RESOLUTION OF THE CITY COUNCIL v� ' ��+� D+ j'° ;,�� , No. 3 �� "� '�,,� ' ` '� Gti' ; ,,, �9kESH�¢� 2. Applicant shall conform to the proposed approved gradina plans and shall take whatever steps are necessary to ensure no increased drainaQe impacts on neighborin� properties. 3. No other variances are aranted with this approval. 4. Authorities granted by this variance run with the property not with the o�vner, but are permissive only and must be exercised by complete application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 13, 1996). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zonin; ccde, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assiQns, hereby aQrees to the recordin� of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of March, 1995. AT ST: � orothy M. lin, City Clerk Edward J. Call an, r., Mayor '� � �G / � Prope y Owner Page 4 of 6 fv�5005 Disk aora �� / � CIT� of O��NO O_ :,,_ O , ��- I�' RESOLLITION OF THE CIT'Y COUNCIL � �� ` �:�� ti No. 3 5 � `� � Gti ��9, ��i, I�� kEsKo4` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoin; instrument was acknowledaed before me on this 13th day of March, 199�, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a �linnesota municipal corporation and said instrument �vas executed on behalf of the �:,ity. �� /�.�--� , CAROLE A HASEMAN Notary Public N07ARY PUBUGMINNESOTA o�� HENNEPIN COUNTY ;;; My Commission Expires Jan,31,2DQ0 �.�., .�.�� Page 5 of 6 v�saos o��a�- � o�' � CIT� of ORONO O :,, O�, ��;.=��.-�_� RESOLUTION OF THE CITY COUNCIL .��. ? '�" NO. � ep3 c� �'' �, � f��;-� ti � � �19�,,, �g,�G Esi3 STATE OF MII�'NESOTA ) ) ss. COUNTY OF HENNEPIN ) On this -f- day of �re�, , 1995 before me a Notary Public within and for said counry,personally appeared _,__ h� rar,, , � e kno��n to me to be the person(s) described in and who executed the foregoin� uistrument,and acl:nowledQed that he (they) executed the same as his (their) free act and deed. ••. CAP,O�E�.NASE�AA.M 0 � � : NOTARY PUBUCrMINNESOU ��,Q/�'�_��e��J '�: H�INEPIN COUNTY 1� My Commission Expires Jan.31,2�o NOTAKY FL'I3LIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notar}� Public within and for said counry,personally appeared lcnown to me to be the person(s) described in and who executed the fore?oir.� instrument,and acl:nowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notar�� Public within and for said county,personally appeared l:nown to me to be the person(s) described in and who executed the foregoinQ instrument,and acknowledQed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 �am 5005 au 0,��