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Home My WebLink About#5369-variance/CUP-2005 k O � � � ��\ � .�� C ITY O� �RONo � � � :�� ti RESOLUTION OF THE CITY COUNCIL C� ��`9kESH�g'� NO. �� ) A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-350(S), 78-1288(B), 78-1403, 78-1431(1) AND 78-1439 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1431 FILE NO. OS-3133 WHEI2EAS, Bnice A. Nusbaum and Elizabeth Nusbaum, husband and wife (hereinafter "the applicants") are the owners of the property located at 3480 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 2, Blocic 3, Baldur Parlc, exeept road, Hennepin County, Minnesota (hereinafter the "property"); and VV�IE�AS, the applicants have made application to the City of Orono for variances and a conditional use permit to Orono Municipal Zoning Code Sections 78- 350(B), 78-1288 (B), 78-1403, 78-1431 and Section 78-1439 to allow the detached garage to be replaced and relocated which requires a hardcover variance for the 75'-250' zone and the 250' — 500' zone; a side yard setback variance; a rear yard setbacic variance; a stnictural coverage variance; and a conditional use pernzit to allow an accessory building on a through lot. I�1��', '�'�EI��O� �E �7C ItESO�.,VE� by the City Council of Orono, Minnesota: �r�I�1��i�S l. This application �vas reviewed as ZoninQ File �OS-3133. 2. The property is located in the LR— 1 C, One Family Lalceshore Residential District, which requires a minimum lot area of'/z acres and a minimum lot width of 100'. The applicants' property is 0.22 acres in total area and has 50' in width. Pa�e 1 of 6 n t` O � � O O �� CITY of ORONO ,� ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESI��g'�G NO. � � � ',�'. 3. The Planning Cominission reviewed this application at a public hearing held on July 18, 2005 and recommended approval of varia�lces and a conditional use permit based on the following findings: a. The applicants' home was rebuilt in 1999 and variances to hardcover requirements and structural coverage limit were granted at that time. Additionally, the Council allowed the applicants to keep the existing detached garage with the understanding that at such time when the stormwater issues were resolved with respect to Birch Lane the applicants would approach the City for approvals to build a new detached jarage. b. The Birch Lane stormwater management project has been finished. c. The applicants' property has iwo road frontages on North Shore Drive and Birch Lane causing it to be considered a through lot. d. The existing detached garage lies within the required 10' side setback and within the required 30' rear street setback. The Planning Commission recommended a minimum 20' driveway from the edge of the paved road to allow for vehicles parked in the driveway. e. There is no excess hardcover to be removed from the site without compromising functionality. 4. The Council finds that a 1.5 story detached 22'x 22' garage is appropriate for the site as long as it meets a 10' side setback to maintaiu open space in the neighborhood. 5. The City Council has considered this application including tlze findings and recommendation of the Plaruzin; Comniission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance and conditional use pemzit on the health, safety 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 �enerally to other property in this zonin� district; that granting the variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other Page 2 of 6 � � °� . 0 0 C ITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsI10g'�G NO. �� `�� danger to neighboring property; would iiot inerely seive as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property rigllt of the applicants; and would be in keeping with the spirit and iiitent 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 a variance and conditional use permit to Orono Municipal Zoning Code Sections 78-282, 78-1288 and Section 78-418 (16) for a structural coverage variance, hardcover variances for the 75'-250' and 250' — 500' zones, a street setback variance and a conditional use pennit to allow construction of a new 484 s.f. detached garage on a through lot, subject to the following conditions: 1. 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 which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Structural coverage shall not increase above 1750 s.f. or 18.2% per the approved plan attached as Exhibit A. Applicants are advised that any future requests to increase structural coverage or change the nature of existing/approved structural coverage shall require City approval, and increases in stnictural coverage will not likely be approved without concurrent reduction in existin� structural coverage. 3. Hardcover in the 0-75' zone shall not increase above 35 s.f. or 2%. The applicant is advised that this non-conforming hardcover is counted towards the 75'-250' zone hardcover allowance when deternlining allowable amount per zone. Hardcover in the 75'- 250' zone shall be limited to 2,061.3 s.f. or 30.9% and hardcover in the 250' — 500' zoile shall be limited to 305.2 s.f. or 41% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any fitture 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 concui-rent reduction in existin�hardcover. Paje 3 of 6 - � o� 0 0 CITY of URONO � � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `9kEST;�4 NO. � � � � 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed detached garage. 6. 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 and conditional use peiniit will expire on that date (August 8, 2006). 7. 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. 8. 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. Adopted by the Orono City Council on the 8th day of August, 2005. ATTEST: -�� ;; f . �.J��/l.l'S��, rd . -C..a:� Linda S. Vee, City Clerlc Barbara A. Peterson, Mayor /�./ry , :, �----, ,,,--": .�./ /" ' ...✓.�� ',(/ // ry.�"` /^ .,.Q J i .n, ",� fu"YrUI. �l ' i f��r��6ii�.��,�i�.. '�.w" �..-{ 'i' /%�� 3 �' ...._. l, � S .. � �a........` ..: r .. Property Owner(s) � � Pa�e 4 of 6 � � o� 0 0 C ITY of ORONO ,� , � ti ti RESOLUTION OF THE CITY COUNCiL ��`9k'ESYi�g'�G NO. � � � �� STATE OF MINNESOTA COUNTY OF HENNEPIN �, � j The foregoing instrument was acknowledged before me on this�'� day of �-�' , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mun cipal corporation and said instrument�vas executed on behalf of the City. � , ,.� w.., y i !�4 :,,+,. �s' Notary Public �' JAC�UE�YN N!.YOUNG Nota.►y Pu'�lic-Minnesota x-,,,,. My Gc�abn Explres Jan 31,2010 � 19yVyVVv'V4A STATE OF MINNESOTA COUNTY OF HENNEPIN .�r•. ; The foregoing instrurnent was acknowledged before me on this �1'�� day of �+F�-��i��`', 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. .� ' " ,..,.� P A ;'% ('��._.:�_ �...._.,S. t .%t �� j�,-.. .. _.S ,� RACHEL DODGE Notary Public `- �` NOTARY PUBLIC-MINNE50TA � :�,,;;� My Commission Expires Jan.31,2010 �� . Page 5 of 6 � � o� 0 0 CITY of ORONO � ; �. ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESII04�G NO. e'� °�� Ern �� STATE OF MINNESOTA COtJNTY OF HENNEPIN This instniment was acknowledged before me this Jti day of , 2005 by Bruce A. Nusbaum, husband of Elizabeth Nusbaum. � r.a�+�� - -�` /7 DENISE M. LESKINEN (� <" /:rf � � . �, �� NOTARY PUBLIC-MINNESOTA ' iL' ",,-'�" �;:t, '`? ' �• �`:;;,;c:. My Commission Expires Jan.31,20�o Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicilowledged before me this 1 s�day of,,' �r� :< � , 2005 by Elizabeth Nusbaum, wife of Bruce A. Nusbaum. �' �a %�;i` �/> '.'' /7 �`'�,��..�,,,.—..__.._.,.... DENISE M. 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