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Home My WebLink About#5579-variances-2007 � o� 0 0 '�:��` - CITY of ORONO . � �� G~' RESOLUTION OF THE CITY COUNCiI. �kESH04 NO. � � t � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350(b)AND 78-1403 AND AMENDING THE HARDCOVER VARIANCE AND SITE PLAN APPROVED IN RESOLUTIOl�T NO. 4487 FILE No. 06-3231 WHEREAS, William Scott Dampier and Joan Irma Dampier, husband and wife (hereinafter "Owners") are the owners of the property located at 3550 Ivy Place within the City of Orono (hereinafter "City") and legally described as: Lot 173, Taylor's Subdivision of Spring Park Lots, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1403 to allow 1b.18 percent structural lot coverage when the maximum is 15%; and WHEREAS, the Owners have made application to tl�e City for a variance to Municipal Zoning Code Section 78-350(b) to allow a side setback of 3.4 feet when the minimum is ten feet; and WHEREAS, the Owners propose to reduce hardcover in the 75 to 250 foot zone from a 48.95 percent as allowed by Resolution 4487 to 45.39 percent. W�-IEI�EAS, after due published notice and mailed notice in accordan�e w�ith Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 18, 2006 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 Zoning File#06-3231. 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 Pa�e 1 of 6 � o.�,. 0 0 � � . CITY of ORONO . ,� -,. ,�:. �, ti �� G~' RESOLUTION OF TH�CIT�Y COUNCIL �kES�IOg' NO. � approximately .29 acre in area and 53 feet in width. 3. The Planning Commission reviewed this application on September 18, 2006 and on a vote of 5 - 1 recommended conditional approval of the variances subject to revising the semi-circular portion of the addition to meet the ten foot required side setback,based on the following findings: a. The Owners agreed to not construct the previously approved deck outside the footprint of the addition. This would result in a substantial reduction in the amount of previously approved hardcover in the 75 to 250 foot zone. b. The houses to each side of the Property are closer to the lake than the house on the Property. The house on the northwest side is located entirely forward of the house on the Property. The addition would not intrude of the lakeshore views of these properties and would enhance the lakeshore views of the Property., c. The Owners agreed to revise the semi-circular portion of the addition to meet the ten foot side setback. The side setback variance a�llows minimal extension of the existing sidewall of the house. The original house was constructed before zoning regulations were adopted. 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 generally to other property in this zoning district; that grantiilg the variances 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 Owners, but are necessary to alleviate a demonstrable hardship or difficulty; are 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. Page 2 of 6 .� o�,. 0 0 � - CITY of ORONU .� . . ,� ;:. �, ti ti RESOLUTION OF THE CIT� COUNCIL �� o��G rvo. � � ��` 9 kESII CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350(b) and 78-1403 to allow construction of a 182 square-foot two-story addition and amends Resolution No. 4487 to change the site plan and reduce allowed hardcover in the 75 to 250 foot zone from 49 percent to 45.15 percent, subject to the following conditions and: 1. Council approval is based on the site and house plans subnlitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Plaauzing Commission and City Council review. 2. The first floor porch shall not be enclosed eacept for a safety railing and (at the option of the Owners) insect screening. The area between the ground and the underside of the porch floor may be enclosed. 3. Hardcover in the 0-75' zone shall be limited to 0 s.f. or 0 percent. Hardcover in the 75-250' zone shall be limited to 4,144.5 s.f. or 45.39 percent per the proposed site plan.and hardcover allowance summary as depicted on E�ibit C. 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. 4. Before May 29, 2007 the Owners shall have removed the items listed on the � notice from Lyle Oman dated August •22, 2006 (E�iibit D) and any similar items from the exterior of the Property. Duzing construction all materials and equipment stored outside on the Property shall be kept in a neat and orderly fashion. Debris, scrap and construction refuse shall be contained and removed from the Property on a regular basis. 5. Before September 4, 2007 the Owners shall have completed the exterior of the addition and shall have constructed a retaining wall or otherwise addressed the grade change between the Property and the adjacent property at 3548 Ivy Place. 6. By the end of the 2007 growing season the Owners shall have taken steps to Page 3 of 6 � °� 0 0 ' � CITY of ORUNO � . ,� -:;:.,�. �, ti ��t �G~" RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. - 55 � �q restore ground cover to a11 non-haxdcover portions of the Property. Seeding according to the City Engineer's standards shall be the miiumum necessary to satisfy this requirement. 7. Owners shall not place any plastic or fabric liner material under any landscaping on the property to eiisure their pernieability as non-hardcover surfaces. 8. Authorities granted 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 addition before February 26, 2008 or the variance will expire on that date. 9. 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 teimiulate any autliori�� grarited herein, and shall be �un.ishable as a misdemeanor. . 10. 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 26th day of February, 2007. ATTEST: _' / ' / J�.� s ✓ t�l � �i,t�LCJ�- Li�.da S;'�Jee; i y Cl�rk J es M. White, Mayor ;� 1. � f �n ; ' : ¢ � ° � � 'i� t ; � ;— � .� � � �1� � ~ f � r/ .� i ' i c ier Joan Iyma Dampier � yf � �• ��/ i ! Page 4 of 6 � � °� 0 0 � cITY of ORONo � . ,� ., ; � ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo�`' rva _ 5 5 T � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thi�day of ''� ua r , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � '��< LlNDA S.VEE ��-�'�`-' � �-��'' <� � -�� f�OTr1RY PUBLIC-MINNESOTA Notary Public ;;,,;: My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �� day of 4�`�.(�-'�L�..- , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '''� f2ACHEL DODGE :�� , .:� , � _ NOTARY PUBUC-MINNESOTA Notary Public ti,, ^�:�` �qy�nmmission Expires Jan.31,2010 `� �y-��--�y,,r�7 �c '�� Page 5 of 6 � O� O 4 � � CI�'Y of URONU . r3 � . , ►�" ti ��L �G~' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. R�T STATE OF MINNESOTA COUNTY OF HENNEPIN ' � This instrument was acknowledged before me this ?C� day of 1— ; 2007 by William Scott Dampier, husband of Joan Irma Dampier. : .:_�ti��:.�� tt , � s»� �� RF,CHEL DODGE � � i -�'��' ' ivGTAR'f PUf3LIC-MINNESOTA �' %� _ �` � ��}�ommission Expires Jan.31,2010 �� C'�..�_ �� C��_�� ..�_�� .�c.�.e.:`^�.�F''sr.:ei1"�..3�'''_.t��'e.��.?,'e�?'t'""�?: t Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN L� This instntment was acknowledged before me this ��t day of r � ` , 2007 by Joan Irma Dampier, wife of William Scott Dampier. _:�r.; � � r e r � �� f'� R�iCHEL DODGE "' �- �-�` �, `��y NOT/�RY PUBLIC-MINNESOTA � Notary Public ;< �.+.;�� i,�y Commission Expires Jan.31,2010 � �.e :.� t, �� Page 6 of 6 55r � ZONING FILE NO.06-3231 EXHIBIT A RESOLUTION NO. . . L o,� �'"'<�-i� � '�'-'�\ ��. . �x ' l��C��7.F0 � , . , . � � . ' - C¢rYlfiCdte of Survey for ' . � � , .. •Wf111am 5. Dampler.' � � . of Loti 173, TAYlOR5.5110DIY1510N OF . � � � ' � . SPRING PARK LOTS � szg 4 � „ ' . Hennepin Lounty, Minnesatn � c.�o . . . , , ��'c . . . : \ \ ` ��s . , s��'� :, � . � ' . . \ . . m , . . . . \ . � � ' lE6AL UESCRIPTION OF PREFIISES SURYEYEO'• ' . � " - I.ot 173, TAYLOkS SI18DfV1St01: OF�SPRItIG pARK L0T5. � . � ?roposxd ndiiti.�. ' . � � ' �. .. . ��F/ . .. , � �. . � .. � . . . s f6°�1�� . -. . � � . . ' aPW.,,eddvqc ' ' . . • i�e, e{ . ' ' , • . \ m 1 hereby certlfy t��at thts survey was prepared�by me � or under my direct supervision, and'Lhat I am a duly � registereA Livil Englneer and�Land Surveyor under the ,t - laws of the State of Minnesota. - - .'..m,. �.�. . . . : ` . '`� ��yo.z��" " � $ - COFFIP & GRONBER�, INL. • � v� N N � ,��e..��- �°� � . � " W � � . . Mark 5�. Gronberg NN, i�Mo.�p755 ' � m 'Englncers; lend uurveyars, Planners � � h � '• h�' � Lony Lake, Ninne�scta � � � ' � �:� ^'. lioust a� . . b h y� . � � . . ' � Z : W N .4' � . 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