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Home My WebLink About#5389-variances-2005 � o� 0 0 '��aa-=- , CITY of ORONO � � �.� `�t/` G'�' RESOLUTION OF THE CITY COUNCI L t�kEsH�4� NO. 5 � E 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350(B), 78-1288, and 78-1279 FILE NO. OS-3151 WHEREAS, Gary E. Baron & Sandra M. Baron, husband and wife (hereinafter "the applicants") are the owners of the property located at 3619 North Shore Drive v�rithin the City of Orono (hereinafter the "City") and legally described as follou�s: Lot 10, Auditor's Subdivision No. 273 except part taken for road, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applica�7ts have made application to the City of Orono for a variance to Orono Municipal Zonin� Code Section 78-350(B) to allow the construction of a new single family residence on a lot 6,561 s.f. (0.15 acre) in area and 50' in width where 21,780 s.£ (0.5 acre) and 100' in width are normally required; and V6'I��AS, the applicants have made application to the City of Oroilo for a variance to Orono Municipal Zoning Code Section 78-1288 A & B to allow hardcover within the 0-75' setback zone of 1,250.9 s.f. or 33.8% where 0% hardcover is normally allowed and within the 75'-250' setback zone of 1,934 s.£ ar 67.6% where 25% hardcover is normally allowed in conjunction with the construction of a new single family residence; and W�IE1tEAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow the constniction of a new single family residence 46' from the OHWL of Lalce Mimletonka where a 75' setback is nornlally required. I�10W9 �'�d�I��'O� �� ' k�50��ED by the City Council of Orono, Mirulesota: FIND�NG� 1. This application was reviewed as Zonin� File OS-3151. Page 1 of 6 � o� 0 0 � CITY of ORONO s ,� .,� �, ti �,�L �G'�' RESOLUTION OF 5 3 8 9 COUNCI L 9kESII04�' NO. 2. The property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum lot area of %2 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on September 19, 2005 and recommended approval of variances based on the following findings: a. The applicants' property is 6,165 s.f. (0.15 acre) in area and has 50' of lot width. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property is served with municipal sewer. A single family residence has existed on the property for many years. d. 60% of the applicants' property is located within 75' of the OHWL of Lake Minnetonka. e. Because the property is less than 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of an 1,500 s.f. home accounts for 22.9% of hardcover within the 0-75' setback zone and 22.7% of hardcover within the 75'-250' setback zone. f. The applicants have proposed minimal driveway, patio and wallc (and have forgone a deck) in order to limit the magnitude of the hardcover excesses. g. The applicants' proposed home will be located behind the average lakeshore setbacic line. h. The size of the proposed residence and magnitude of hardcover variance is consistent with other approved development in the neighborhood. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, Page 2 of 6 � o� 0 0 � CITY of ORONO � ;-. � ti �� G�' RESOLUTION OF THE CITY COUNCIL `�kEsKo4` rvo. 5 3 8 9 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 Coi.uzcil 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 a variance to Orono Municipal Zoning Code Section 78-350(B) to allow the redevelopment of a lot 6,561 s.f. (0.15 acre) in area and 50' in width where 21,780 s.f. (0.5 acre) and 100' in width are normally required; and Section 78-1288 A & B to allow ' hardcover within the 0-75' setback zone of 1,250.9 s.f. or 33.8% where 0% hardcover is normally allowed and within the 75'-250' setback zone of 1,934 s.f. or 67.6%where 25% hardcover is r�ormally allowed in conjunction with the construction of a new 1,500 s.f. single family residence; and Section 78-1279 to allow the construction of a new single family residence 46' from the OHWL of Lake Minnetonka where a 75' setback is normally required, 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 pla.n which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 1,250.9 s.f. or 33.8%. Hardcover in the 75-250' zone shall be limited to 1,934 s.f. or 67.6% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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 hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 � o� o , o - CITY of ORONU ,� : .,.. �, ti ti RESOLUTION OF THE CITY COUNCIL �L`9 ..Og'�G NO. k'Es8 5 � � 3. 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. 4. Required removals of structure and hardcover shall be completed by the footing inspection of the new home. 5. 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 (October 10, 2006). 6. 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. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and flie applicants' heirs, successors and assigns; hereby agree to the recording of tlus resolution in the chain of title of the property. Adopted by the Orono City Council on the l0ih day of October, 2005. ATTEST: i; r '/ �--�, ,� �� U,Q ei � � �� inda S. Vee, City Clerk Barbara A. Petersoi�, l'vlayor �� __..� � � ��< �. ,� �� c.�,� , 1�roperty Owner(s) Pa�e 4 of 6 , , � � O� O O � CITY of ORONO � _,.. � ti ti RESOLUTION OF THE CITY COUNCIL �� o��G No. 5389 kES�I STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoin� instrument was acknowledged before ine on this �(��day of r�, _, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said inst�ument was exe d on behalf of the City. � �;�—�' �� ;�-v�,, No `ry'Public� i � ; V °*�a � 1JACQUELYN M,YOUNG a 1��..�,' ' l�o:ari�Puhlic-P�linnesnta ��Y��E�Ires Jan 31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1��day of C�G+�i�z.n , 2005 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. �--�� cti--�--�" ��_ Notary Public RACHELDODGE NOTARY PUBLIC-MINNESOTA �:,,:a� My Commission Expires Jan.31,201Q � �t� Page 5 of 6 _ . . � � O� O O � �� CITY of ORONO � �. � ti �� Gti RESOLUTION OF THE CITY COUNCIL `�.kEsKog' No. 5 3 8 9 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicnowledged before me this�day of ��}�j�,p,—, 2005 by Gary E. Baron, husband of Sandra M. Baron. „ r DENISE M. LESKINEN �` NOTARY PUBLIC-MINNESOTA :;:,,:� My Commission Expires Jan.31,2010 Notary Public ._.<- STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicnowledged before me this� day of r; , 2005 by Sandra M. Baron, wife of Gary E. Baron. DENISE M. LESKINEN . NOTARY PUBLIC-MINNESOTA Notary Public � � �,;� My Commission Expires Jan.31,2010 Page 6 of 6 .- � �r�tvt � � I ► ( 5389 ' ' . 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