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HomeMy WebLinkAbout#5090-variances-2003 � � °� o �,�. .� o ���� � CITY of OI�Ol�TO ��, �� r� r� >},%"7 , b�,.,,_ � , �.r- �� y' `�"�,, p'�' RESOLUTION OF THE CITY COUNCIL i �9kES�I��� NO. ��i � � '� A RESOLUTION GR�\�TING VARIANCES TO NIUNICIP.�I, Z0:�1ING CODE SECTIONS 78-330 (B), 7Fs-282, AND 78-1288 (B) FILE \O. Q3-29�3 `�T�REAS, Robert Labalt and Janet Labalt, husband and wife, (hereinafter "the applicants") are the o«ners oi the property located at 3202 North Shore Dri�-e within the City of Orono (hereinaf:er thz `'City") and legally described as follows: That part of the West 57.3 feet of t�� East 115.05 feet of Government Lot 1, Section 8, Township 117 North, Ran��e 23 `Vest of the 5`j' Principal Meridian, lying North of County Road No. �1 aL.� lyin� southerly of a line running West at right angels from a point in the East lii� of said 57.3 feet distant 165 feet north of the North line of said road. (��reinafter the "property"); and `VHEREAS, the applicants h�•:e made application to the City of Orono for variances to Orono Municipal ZoninQ Cod� Sections 78-330 (b), 78-282, and 78-1288 (b) in order to construct an attached tuck u�der garage with 2 stories of living space above on the walk-out side of the home attach�3 to the existing one story walk-out home. NO�V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FI��INGS 1. This application was revie«�ed � Zoning File #03-2943. 2. The property is located in the L�— 1B One Family Lal:eshore Residential district, which requires a min:�um lot area of 1 acre. The applicant's property is 0.223 acres in size. 3. The Plannin� Commission re�=ew-ed this application at a public heazing held on September 15, 2003 �d recommended denial. The application ��-as heard by the City Counc� on October 27, 2003 and was tabled to allo«-ed redesign in accord�ce ���ith the PlarulinQ Commission's recommendations. � Paae 1 �f� � �o� 0 0 !� CITY of ORONO a ;�.. � ti ti RESOLUTION OF THE CITY COUNCIL �t�9,tt p4�'�'G NO. � � � � ESII 4. The applicants have submitted a revised plan for which the City Council finds that the hazdcover and side setback variances for the redesigned proposal are supported by the following findings: a. The applicant's property is 0.223 acres in size located in a one acre zoning district. The redesigned proposal makes efficient use of the limited lot area. b. The shared driveway arrangement causes excess hardcover that wouldn't be required should the property only be accessed by the applicant. c. The location of the existing home limits locations for e.cpansions. 5. 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 vaziance on the health, safett-and welfare of the community. 6. 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 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 one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-330 (b), 78-282, and 78- 1288 (b) in order to construct an attached tuck under garage with 2 stories of living space above on the walk-out side of the home attached to the existing one story walk-out home subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Page 2 of 5 � � o� 0 0 C ITY of ORONU � � ti �,� p'�' RESOLUTION OF THE CITY COUNCIL t�kESIIO�� NO. �' � -� � Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 800 s.f. or 25% and hardcover in the 250-500' zone shall be limited to 2858 s.f. or 47% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. The applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hazdcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Required removals of hardcover shall be completed by the footing inspection for the new gazage. The existing detached garage structure may remain until construction of the new garage is complete, however a Certificate of Occupancy will not be issued for the work until the detached gazage is demolished. 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 construction within one year of the date of Council approval, or the variance will expire on that date(December 8, 2004). 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 8`h day of December, 2003. ATTEST: _�---- , _. ,�,. , � h c ._� .yt,��.X,= �'I, +�...�-�...' ��:?�.��%'�''--�� �-�t���-�7'-� t� ' � Lin S. Vee, City Clerk Bazbara A. Peterson, Mayor � �:. , . , _„ �.�_-----�- .�.� , - `.---.,_ ,,,. :��'��.�:.:� ;t. roperty Owner(s) ' Page 3 of 5 - � o� 0 0 � CITY of URONO ,� � ;�.� � ti ti RESOLUTION OF THE CITY COUNCIL �L� p��G No. b � ��; � k'ESI; STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this $day of ���. 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . �� ,�„�� . Notary Public ALISSA A.WINTERNHEIMER 1��TARY PUBLIC•MINNESOTA MY�ExPires Jan.31.20pg � --�r-.�c.::e STATE OF MINNESOTA COUNTY OF HENNEPIN Th� foregoing instrument �vas acknowledged before me on this l U'��day of ��;�. �'-� ����'''�;` 2003 by Linda S. Vee, Ciri• Clerk of the City of Orono, a �iiruiesota municipal corporation and said instrument w-as executed on behalf of the City. � :�..y+�. � ���:� i. !-�. i �� �.�C�'` t j"� �""�M�, RACHEL DODGE��'; '; ! NOTARYPU6LIC-MiNNE':OTA n r.� Notary Public },9�j Canmission Expires Jan.31,204, t: _... :_�:.��•�-.. Pa�e 4 of 5 - � o� 0 0 C ITY of ORONO ,� ;.. �., ti ti RESOLUTION OF�HE CiTY COUNCIL ��`q.k O�'�� NO. � � 4� ESA State of Minnesota ) ) ss. County of Hennepin ) `�co This instrument was acknowledged before me this��day of�, f_, � , �@93� by Robert Labalt,husband of Janet Labalt. ���~ G"v1S�M.LESKI(vc:J^ ; � �I' �: , i :t :fi.� ,. NOTARY PUBLIC-MINNESOTA � ✓ �/ '� ' a c: s !.' -G-�. -'C.�—____..__._- �'�0"'"�0t�'�"'31'�5 I�otary Public State of Minnesota ) ) ss. Caunty of Hennepin ) � This instrument was acknowledged before me this ���day of %` j f��' f � , 20Q3� by Janet Labalt, wife of Robert Labalt. v���.:. , ; � '�; RACHEL CC�C� �,% ' NOTARYPU6UGh!1i1D;;-�-a >_,.�._ (:t_.�t._ E:_..t_,_ {' ` t.. ,,� ' My Commission Expues Jan 1 _ r'r __ __ Notary Public , --- __ ......._.�.____. _ . Page 5 of 5 - EXHIBIT A � .•••�• EAST 57.30 •••�•... . ����.� CERTIFICATE OF SURVEY FOR � : O '�`Li : ENCROACHNG GRAVEL ;��fi� ��� B 0 B L A B A T T . ' ^; WTSDE OF 10' a : EASEIJENT AREA':"•••.. ( : TO BE RDaOVED � � �� ' . IN GOV' T LOT 1, SEC. 8-1 17-23 g� `; �NNEPIN COUNTY, MINNESOTA : .J ...�a,... • �° b90 s.�'. oF RU-�w�t� D�IY�,qY-ORrIENT/�CTION . , t0' ORrvEWAY , ^ EASEAiENT PER •" "�� N ; �O � ��� ���Y �Y ' ooc. �o. z»4�ez ^ : �PPI.I LA��JT�--� �F b905�'. � EASTERLY �P1E CF �^ .� GRAVEL � i � � �o��T �aT ,. -. �to bE REMovED� Q SEC. 8-117-23 • . •••.. � ... ............... 57.. ..... . �NvF'�T� r— I�:..,,� (FR LACOON � ��Z� � N��VER ��'Z�Q . � � ���5.f. - (,d'1C1r �� ...... ..... ....... .,,s.os. .......................... b90 s.�.-drivcwo.�''°n. er- � = PR�POSEfl goo s.�.-:3zoo =Zs% � ` z � R�t71 t 1 a� g W � � : ('�0' x 2`�'� � 31,= J � EXISTING Q I Z ~ HOUSE " � :. �ro gE , �3zos. REM ov E p � su :' ; I � ..... . � 1 �'. 1 � ENCROACMW� GkwViL'�, � OUTSIDE OF tp' �. EASEMENT AREA �4 ' TO BE REMOVEO � � OR�INA� LOCATION OF '�""n,� � �RpLpVER 25D tj0� NORTHERIY �p1E OF .•'� / � I C0. RD. N0. 31 '•. �' `130 s.F.-Cz�s�i r h,e us c. ,�,...�•'��, ti YLO S,f.-Addi}�'�(3o'xL4) , �62��20 �� 25o 5.�.�Ge+r+u��tc o�pvor� �i-- �......�......L� R�2 O . ��JE 39 s�.- �,�,c,•ctc wa.�ls ,r•'J. � , g'I � �R 32 s.F.-yy.�nc boYd�,-s � �0�°�� R,� 'c�Q�� �� I0�5.�.-�A1�Gd driYCvuAy p i' � � �Q��R'� , . �� 28 58 s.�.=�2.5= 47g; LEGAL DESCR�PTION OF PREMISES : Tho; port of the West 57.3 feet of the East 115.05 feet of Goverrvnent Lo: 1 , Section 8, Township 117 North, Range 23 �vest of the Sth Principcl Mer �oian, lying North of County Road No. 51 cnd lying southerly of a . line running West at right ongles fran a point in the East line of saic 57.3 feet distant 165 feet north of the North line of said rood. o: denotes iron morker set � . denotes iron rr�rker found ��Becrings shown ore based upon on assuned dat�rn. This survey intends to show the boundaries of tne c�ove described property, i•'' the �ocotion of on existing house and goroge, the location of oll visible �• � "herccover" and the proposed locotion of a proposed oddition thereon. It does not •-y •;s� purpprt to show any other irrprovements or encroochments. 'r`� �`G I 5ereD artif Ikt ttis srve +as � '� r Y I pqQrJ br me ar uber my 6ral aqc— SC�t.E GRONBERG k ASSOCI9TBS,INC. �a+d that I am a Al y r e g s t v e d G�i E���l a d S�i v e y o r u d e r �~=2 0� ' q�� CQ81T}C Qti�,LVD 9filEY�41E FlNtE1b tt�:laws of the State of 1fw+euta OATE 'fp� �K M'L L 0 1 1[Po V E LONC LV�Yi 55356 � 6-16-03 95�-171..!t l t ���'v-'�".��.-!-.`- JOB N0.