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Home My WebLink About#3352-variances-1993 y� � � ��' CITY of ORONO O_ ,� O ��:�� RESOLUTION OF THE CITY COUNCIL +� � � � �+ e�, :� '.�. � ��1,�=�, � NO. � � �- e. , ti ��s ' �� kESHo A RESOLUTION GRANTING VARIANCES TO MLTNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C); 10.22, SUBDIVISION 2; AND 10.56, SUBDIVISION 16 (L) FILE #1878 � WHEREAS, Charles D. Pyle and Shirley Pyle (hereinafter "the applicants") are owners of the property located at 3548 Ivy Place within the City of Orono (hereinafter "City") and leQally described as follows: Lot 174, Taylor's Subdivision of Spring Park Lots, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to permit structural improvements to the property that will result in 2,440 s.f. or 20.0% lot coverage by structures where only 15% is allowed, and a variance to Section 10.22, Subdivision 2 an.d Section 10.56, Subdivision 16 (L) seeking approval of hardcover variances within 75-250' setback area where only 25% hardcover is allowed and where 4,742 s.f. or 58.2% hardcover is proposed and where 5,870 s.f. or 72% exists on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1878. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or 0.5 acres in area. The subject proper�y contains 12,225 s.f. or 0.28 acres. Page 1 of 6 Fam 5004 Disk Qoae �' ��' CITY of ORONO O_:, O �:�T� RESOLUTION OF THE CITY COUNCIL � �✓ � ,+ � �" ,� �'�a` 1�`�� , N0. �.`� '; l y � tn�9x�� og�G . E3H 3. The Orono Planning Conunission reviewed this application on October 18, 1993, and recommended approval of the proposed variance application as amended based upon the following findings: A. The proposed improvements to the property result in a reduction of � hardcover� in the 0-75' zone from 23.3% to 19.7%, although no improvements are proposed in that zone. Further hardcover in the 75- 250' zone will be reduced from the current levet of 72% down to 58.2%, a reduction of approximately 1,128 s.f. hardcover. B. Based on the existing drainage patterns of the property, runoff produced from the structures placed within the 75-250' setback area will not drain directly to the lake but will drain to the street which drains directly to the lake, hence the proposed hardcover reductions in the 75-250' zone are desirable. C. No major land alterations are proposed as a result of the structural improvements. D. The increase in lot coverage by structures is not incongruous with the basic development pattern of the immediate neighborhood. 4. The current variance request is a revision of Appiication#1750/Resolution#3183 which included the family room addition and relocation/construction of a new detached garage. The garage is no longer a part of the proposal. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is neeessary 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. Page 2 of 6 w.��.�.. � �� CITY of ORONO O h �,, ;.��-� � RESOLUTION OF�l�.r' 1..�� I�OVl\1.�� ;� ,��'�� N0. �`' y � � b G �9kE38�¢� � 6. � The Ciry Council has considered this application including the.fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. . CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C); 10.22, Subdivision 2; and 10.56, Subdivision 16 (L) to permit the construction of a 381 s.f. addition to the residence and covered entry of approximately 249 s.f. in area, subject to the following conditions: 1. Lot coverage by structures on the property shall be limited to 20.0% of the lot area. 2. Upon application for a building permit, applicants shall complete the following: A. Show all existing and proposed improvements on a copy of the certificate of survey. B. Provide detailed grading and drainage plan. 3. All hardcover scheduled for removal on the property as shown on page 6 of this resolution shall be removed prior to the footing inspection for the new construction. The owner and future owners of the property are advised that any future proposals to add hardcover on the property will require prior City � approval, and might be approved only in conjunction with concurrent hardcover removals, resulting in no net hardcover increase. 4. Authorities granted by this resolution run with the properry not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November S, 1994). Page 3 of 6 ►«��.�,. �' ��' CITY of ORON � � O �:';�T� ,� RESOLUTION OF TI� CITY COUNCIL � '��y�=�' ti NO. _. ' _. ti ��x og�G . E3�I 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. . 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Ciry Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of November, 1993. AT ST: � � . orothy M a in, City Clerk Edward J. C ahan, Jr., Mayor / , `_� . �� G�� Property n�r ) STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of November, 1993, by Edward 7. Callahan, Jr. &Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. CAROLE A. HASEMAN �,Q�Y��1eJ C l 4�'-�2lL"� '� �T�'�1�-K'"'�MMNESOTA Notary Public � HENNEPIN COUNTy � ��MM�roN EJfPIAES 8,�.pg Page 4 of 6 ►..��a,. � ��' CITY of ORONO O _,�,� m O �:,�� RESOLUTIQN OF TI� CITY COUNCIL � ��-.�Y�� NO. � '�,t� G,� � . �`9kE38�g'� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this �1 day of �.�dzi��t/ , 199.3 before me a Notary Public within and for said county, personally appeared Sh- �j �, / �1-iarr,-e� known to me to be the person(s) described ' and ho executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �-.4 LINDA S. VEE ,� C1�C�,� y ,,�-� NOTAP.Y PUBUC - MINNESOTA � ��' HENNEPIN CJUNTY Np �y ptJBLIC P i� �L`,�'��..:�� My cornrr,issicn expires &12-98 ..�>' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �a� day of�CL'�r�� , 199� before me a Notary Public within and for said county, personally appeared ' �,�/es � e . u r�e known to me to be the person(s) described in and ho executed the foregoing insmunent,and acknowledged that he (they) executed the same as his (their) free act and deed. ;- � LINDA S. VEE (�T��'L � " "�"Q"'� ) NOTARY PUBUC- MINNESOTA NOTARY PUBLIC } -� HENNEPIN COUNTY ` � My oomm�sslon aocplres 8-12-08 - Page 5 of 6 r..soos ara,.. .. ,. . ` ' . �' _ `� '"' .. b � � � � � ��- � � ' nc�� ' � � �_ '::.'.� ' � � - . . ' � 3� � � . '��_ � j � � � � = �� .i.� � � . :� .� � : � � � � - � �, �. i � T � � �� ; � � �.. . . o � $ . o - � � � �� , Z � . E � r� � t" � . � ---- � 3 � i � - � � � � 1� � . . � � �� ' �° � M�� ! _ . 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