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Home My WebLink About#5517-variance: amending1398 � j . ' , �� 322I Doc No 8912530 12/26/2006 08:49 AM ,, Certified filed and or recorded on above dat� //- Office of the County Recorder Hennepin County, Minnesot Michael H. Cunniff, County order ' TranslD 8990 Deputy 33 Fees � $35.50 DOC $10.50 SUR $46.00 Total c� � V ��v � � �� r' . � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305 AND 78-1288 AND AMENDING RESOLUTION N0. 1398 AND REVOHING VARIANCE N0.704 FILE NO. 06-3221 � � . , � O� . � O O ,� , � CITY of ORONO ti ��ti� �G�' RESOLUTION OF THE CITY COUNCIL `9kESH�4' NO. 5 5 1 7 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305 AND 78-1288 AND AMENDING RESOLUTION NO. 1398 AND REVOKING VARIANCE N0.704 FILE NO. 06-3221 WHEREAS, Sean Hendrickson and Nicolie Wheeler Hendrickson, husband and wife (hereinafter "the applicants") are the owners of the property located at 1580 Long Lake Boulevard within the City of Orono (hereinafter the "City") and legally described as that part of Lot 11 and of Lot 12 Albee's Long Lake Addition, Hennepin County, Minnesota lying easterly of a line described as beginning at a point on the southerly line of Lot 12 distant 31 feet northwesterly from the southeast corner of Lot 12 � thence northeasterly to a point on the east line of Lot 12 distant 73.3 ft north from the southeast corner thereof thence continuing on last course 16.73 ft thence deflect left 13 degrees to the northerly line of Lot 11 and line there terminating (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow a front setback of 30 feet when 50 feet is required and side setbacks of 10 feet and 11.3 feet when 30 feet is required; WHEREAS, the applicants have made application to the City of Orono for a variance to Orono MtuZicipal Zoning Code Section 78-1288 to allow 27.35 percent hardcover in the 75-250' zone when 25 percent is allowed; and WHEREAS,the applicants have made application to the City of Orono to construct a three bedroom and 2.5 bathroom residence when Resolution No. 1398, which approved a lot line rearrangement for the property, restricts the property to two bedrooms and 1.5 bathrooms: and WHEREAS, the applicants propose to remove the existing house which was granted a side setback variance as Zoning File No. 704. Page 1 of 6 - °,�,. � � o 0 CITY of ORONO r�1 r D" ti �� Gti' RESOLUTION OF THE CITY COUNCIL `�kEsH.o4 No. 5 5 1 7 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File 06-3221. 2. The property is located in the LR-lA, Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200 feet. 3. The property is 0.2 acres and 99.39 feet in width 4. The Planning Commission reviewed this application at a public hearing held on August 21, 2006 and recommended approval of the variances based on the following findings: a. The property has an area only 10 percent of the minimum lot area for the LR-lA zoning district and is irregularly shaped. � b. A house has existed on this property for at least 50 years. The existing house was constructed in 1982 on the slab foundation of the prior house with a side setback variance to allow a 5.6 foot side setback. It has a foundation area of SOO square feet. c. No lot adjacent to Long Lake Boulevard exceeds one acre in size. There is no additional land available for the applicants to purchase to enlarge the property. d. The proposed residence will not be out of character with the neighborhood. e. Although a variance to the amount of hardcover allowed in the 75 to 250 foot zone is requested, the total proposed hardcover is less than the total amount of hardcover allowed on the lot. The narrow rear of the lot precludes placing the house farther from the street to eliminate the variance. Page 2 of 6 � � o.�,. � 0 0 CITY of ORONO � ; � ti �� G~' RESOLUTION OF THE 5TY COUNCIL `�kEsH.o� No. 5 1 7 f. Proposed structural coverage is less than the 1,500 square foot limit and will be conforming. 5. The property is served by City Sewer. The lot line rearrangement approved before sewer was available limited the property to two bedrooms and 1.5 bathrooms because of the limited area available for a septic system. 6. The City Council has considered this application including the findings and recommendation of the Planning Coxnmission, 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. 7. 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 vaxiance 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 necessaxy 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants the requested variances to Orono Municipal Zoning Code Sections 78-305 and 78-1288, subject to the following conditions: 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 may require further Planning Commission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 1142 s.f. or 27.35% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Hardcover in the 250-500' zone shall be limited to 1322 s.f. or 28%. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in Page 3 of 6 . - � ��1V' O O CITY of ORONO a � ti �� G~' RESOLUTION OF THE CITY COUNCIL `�k'EsHo� No. 5 5 1 7 hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall not place any plastic or fabric liner material under any landscaping on the property. to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new residence before October 9, 2007 or the variance will expire on that date. 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, 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. Based upon the above findings, the Orono City Council hereby amends Resolution No. 1398 to delete the condition restricting the number of bedrooms and bathrooms. The Orono City Council hereby revokes the side setback variance granted in Zoning File No. 704, to be effective upon demolition of the existing house. Adopted by the Orono City Council on the 9`h day of October, 2006. ATTEST: ,-�� !�-� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page4of6 . o,�,. . . � 0 0 CITY of ORONO ,� , �, ti ��L �G~' RESOLUTION OF THE CITY COUNCIL `�kEsH.o4 rvo. 5 5 1 7 Hendrickson icolie ee endric on STATE OF MINNESOTA COUNTY OF HENNEPIN , The foregoing instrument was acknowledged before me on this �day of ��/ , 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. �� Not (} �y /r�� f ,,. .bl 9@!l�'Vriw�� VVt7� • �'�'�Q'•� • �.Aaat.�0 STATE OF MINNESOTA COUNTY OF HENNEPIN �'�' The foregoing instrument was acknowledged before me on this �� day of �C��, 2006 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. c �-e�- ,�oG�_' , RACHEL DODGE Notary Public NOTARY PUBIIC-MINNESOTA A4y Commissinn Expires Jan.31,2010 � Page 5 of 6 . � �°� . o 0 CITY of 4RON0 � � ti ��L �G~' RESOLUTION OF THE CITY COUNCIL �kESSO�' NO. � �v-��--; STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of��, 2006 by Sean Hendrickson, husband of Nicolie Wheeler Hendrickson. rl f ; DENISE M. LESKINEN NOTARY PUBLIC-MINNESOTA t My Commission Expires Jan.31,2010 - otary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of / , �t�Cf', 2006 by Nicolie Wheeler Hendrickson, wife of Sean Hendrickson. ,: / � ; � �_ DENISE M. LESKINEN Not Public '. NOTARY PUBLIC-MINNESOTA aTY �, • My Commission Expires Jan.31,2010 Page 6 of 6 , . . �\ ��'? •.��6�6°��,�"� �nh�b�tIVI�I�.f � /�- - • E'�� JE I � �� Q�� • aF LU I" 12�� : •6' o . �� ,e.A��. E � -, � 5 � r I a i �_ I �.� PROPOSED I�i j� OOD PRNACY I ,F�� ,^ FENCE `+J EXISTING � � � � • �� HOUSE � �� `�� . #1586 + 1b„ \� / ` �9�g.4) � / PINES \_/ � � �� 7� \ �.p� �� eou�o�t"�} ; \ 'I �,:` �r�uwric � cJ- __- \ �r'"�� WALL T �— \___ _- + %•'� �� M� � I � �� . � � , cs».s� (e> � �9� � ►"Y I••s8� .° f� `� �••� .. ' \ PRI�ACY � ` �\ O I FENCE 3� \ \ O I �/• \ �� \ ��y—-_'".--� 1:..�Q� DECK o �s.o �io:o� /,/ t � , � . /, _ �� 1 25.0 . /�� \� ��/ � � /� I t J ` sHEo `�\ op i o PROPOSED . / i , � , C � - HOUSE � � ` ��' �� _0 8.0 � / EXISTING � ,�� p . �� r> >�.o� (s��.$) � �� / ,y�°�� (n ooP ' #�0 GARAGE �� SV` � � �� o ' � � � � � \ �� DRIVEWAY� �� (975.$) /� e°q�, �9� ; � '� � �_ q,�cy ,,�; \\/\ \ � � � , �\ � \ 20.o ...J4:Q. >? /� (s71.a) jp \ � ` � S' LY LINE � � ;�� O �� OF LOT 12 �I , �� .'�°. \� � � ^\ � \ �C} �` \ O � s�o� � \�' O � (s7t.2j' S �or\ ` `9� � ' V� � �'�o�� .O�\ � �\ �\ r9,4�J EXISTfNG � ��cy"�To �'' � \\ ; \ HOUSE � � '9�-'� r �j\ � #1570 � '"' �,�SJ �.Q�a �g"ASH , �� e°yr "� � � � V� �971.1) �s�Y�Y �,,� .... , , � t \t `, �973.0) � � ° . . \ \ � � ` \ \� �' J` �9� \ �� \\ v °9� �� `� � � � �. � � �� ' c9�,.z� , � � . �h►��- �, � . , v � � �4 ir��'S `oN�, �..��.� �u�, _�. .��t ��,��I�t�,4.c:t��P,r�_ -�" _ __._ �a _. . l rt T . ..�- _� o_ � $ �,� ___ ..,. , ° i�i��t��'� 4-�b R-�o-r,� � .� HARDCOVER C�LCULAT_ y tiVORI{S�IEET _ . . SETBACK ZONE: (CIItCLE ONE) 0-75' 7�-2�U' 2�0-500' S00-1000' S 5 � � ' EXISTING HARbCOVER IN ZONE •� A. House x = S.F. Length W idtlt � .. � x = S.F. x = S.F. .... �c = S.F. B, Garage x = S.F. C. Driveway x = S.F. x = S.F. D. 5ide�valk :c = S.F. x = S.F. E. Patio/Deck x = S,F. ;c = S.F:' ' F. Landscape x = S.F. Underlain x = S.F. " Bv Plastic x = S.F. Or Fabric G. Ocher x = S.F. TOTAL HARDCOVER IN ZONE - ' S.F. A .. TOTAL PROPERTY,4�tEA IN ZONE - S.F, B� p = B x 100 = % PROPOSED HARDCOVER IN ZONE' ��.�� A. House x = '`}1� � S.F.—a�a�►S,� .. . Lengih Wid�h ._ ;� = s.r. x = S.F. . . .. . . _ � _ �'a I S.F.— st'oop B. Garage �c = s•F• C. Driveway • x = 6 —pr�� 4z.. s.r. ;��+,��.�� _,..... . . . .. . � _ . S.F�:�' D. Side�valk � = S.F. x � = S.F. E. Patio/Deck x = S,F. ;c = S.F. F. Landscape x = S.F. Underlain � = S.F. .. By Plastic � = S.F. Or Fabric G. Ocher � x = � S.F. .. . ToT�,t u?�covFR�.zo� - � 11 H 2 s,F. a TOTAL PROPERTY A.REA IN ZO�fE - 41�5� S.F. B A - B ;: i00 = Z1•�s % , . , ��:�N t"'��,+��.l+�t�.��"'�ea8 �� ..�- �LB��'� �-O�v� ��(.� �G�� .... , ` P�',�}�'�°��,� s+-:�.-�^d�"� �!�! �.OTS � � � �� . r4'-f�`'��' R-zo-ab ' HATtDCOVER CALCULATTON �VOI2KS�� T SETBACK ZONE: (CIItCLE ONE) 0-75' 75-25U` 2�0-500' S00-1000� 5 5 � y ' EXISTINGHARDCOVER IN ZON� � �� A. House x = S.F. Length W idtlt _ � = S.F. x = S.F. �� x = S.F. B. Garage x � = S.F. C. Dnveway x = S.F. x = S.F. D. Side�valk x = S.F. x = S.F. E. Patio/Deck x = S,F. .._..... . . _. . ;� = S.F:.. F. Lcu►dscape x = S.F, Underlain x = S.F, "� BvPlastic x = S.F. Or Fnbric G. Other x = S.F. , TOTAL HARDCOVER IN ZONE - � S.F. A .. TOTAL PROPERTY A�tEA IN ZONE - S.F. B� A = B x ]00 = % PROPOSED HARDCOVER IN ZONE' �'�►��'� A. House x = � p8'. f: S.F.—��,��. Lengih . Width • .,.' X = s.r•. x = S.F, . . .. . • - x = 2� S.F. —STooQ B. Garage x = S.F. C. Driveway � x = S.F. ....... . . _ . � _ . S.F.... D. Sidewalk x = S.F. x = S,F. E. Patio/Deck x = 120 S.F.— �EGIL x = S.F. F. Landscape x = S.F. Underlain � = S.F. .. By Piastic x = S.F. Or Fabric i30u�-�GR ._. L�.�/�l.�, i� G. Othzr � x Z�j-I��:�a,�4��/ _ �'� S.F, .. v�►� el I b cA , 7� s F TOTAL HARDC.O VER IN.ZONL - J 37 2. S.F. -A TOTA?PROPERTY AREA IN ZONE - �-13 5� S.F. B A = B ti l00 = Z % RESOLUTION # 5517 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Gouncil held on October 9, 2006 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this l lth day of October , 2006. �/�c'�- inda S. Vee, City Clerk (SEAL)