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Home My WebLink About#5248-variances-2004 _ �°� o , o -��a.:- CITY of URONO � �� ::a�`�A( ti RESOLUTION OF THE CITY COUNCIL � � L<9 4��' N O. � � .��, �j kESI3� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 SUBDIVISION S, AND 78-1288 SUBDIVISION B FILE NO. 04-3058 WHEREAS, Timothy L. Zwart, a single person (hereinafter "the applicant") is the owner of the property located at 3970 North Sl�ore Drive within the City of Orono (hereinafter the"City") and legally described as follows: Lot 11, Hicicory Hill, Heiznepin County, Minnesota (hereinafter the "property"); and WH�REAS, the applicant has made applicatioii to the City of Orono for a variance to Orono Municipal Zoning Cocie Section 78-350 Subdivision B to allow construction of a new sii�ble family residence on a lot 10,000 s.f. in area and 50' in width where 21,780 s.f, and 100' are required; and WHEI2�AS, the applicant has made applic�tion to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the 75'- 250' setbacic zone of 36% or 2,274 s.f. where 25% or 1,562 s.f. is normally allowed. NOW, TH�REFORE BE IT RESOLVED by the City Council o£ Orono, Miruiesota: FINDINGS 1. This application was reviewed as Zoning File #04-3058. 2. The property is located in the LR-1C, Single Family Lakeshore Zoiung District which requires a minimum lot area of 21,780 s.f, and a minimum lot width of 100', Page 1 of 5 _ �°� 0 0 CITY of URONO a <� � ti ti RESOLUTION OF THE CITY COUNCIL �L� o��G rvo. � � � � k'ESH. _ , . . 3. The Plamling Conuliission reviewed this application at a public hearing held on October 18, 2004 aiid recommended approval of variances based on the following findings: a. The property has 10,000 s.f. (0.23 acre) in area and 50' in width. U. No additional la�zd is available for acquisition Uy the applicant to make the�roperty confonning in area or width. c. Tlie property is served with municipal sewer. A siiigle fainily residence has existed on tlie property for inany years. d. Because the property is 10,000 s.f. in area it is allowed a 1,500 s.f. stnictural footprint aUseiit other factors. Construction of a 1,350 s.f. home and driveway account for 36 % of hardcover withii�.the 75'-250' setback zone. e. The applicant has proposed a home that meets all setbacic and structural coverage requirements. £ The applicant has proposed a home which straddles the line between the 75'-250' setback zone and the 250'-500' zone and proposed minin�al dizveway in order to liinit the magnitude of the ha,�dcover excesses. g. The proposal will not have a negative impact on light, air or open space within the neighborhood. 4. The City Council has considered this application including the findings and recommendation of the Planning Coizzniission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. , Page 2 of 5 _ . �� . O O �� C ITY of ORONO . '� ; ' % � , ti RESOLUTION OF THE CITY COUNCIL G �`��sKo�`'� rvo. � � � � 5. The City Council fiilds that the conditions existin; on this property are peculiar to it and do not apply generally to other property in this zoning district; that grailting the vax7ance 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 convenieilce to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substautial property right of the applicant; 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 upoii oiie or more of tlle above fndin�s, the Orono City Council hereby grants a variaiice to Orono Municipal Zoning Code Section 78-350 Subdivision B, and 5ection 78-1288 Subdivision B to allow constnlction of a new single family residence oi1 a lot 10,000 s.f. in area and 50' iii width where 21,780 s.f. in area and 100' in width are � nomially required and hardcover witliin the 75'-250' setback zone of 36% where 25% is nomially allowed, subject to the following conditions: 1. Council approval is based on the site pla,�l subiliitted by tlie applicant and annotated Uy City staff, attached to this Resohrtion as Exhibit A. Any ainendinents to the site plai� which are not in conforniity with City codes will require fiirther Planning Commission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 2,274 s.f. or 36% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Hardcover within the 250'-500' zone sl�all be limited to 30% or 1,125 s.f. Applicant is advised that any filture requests to increase hardcover or change the natl�re of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concui-rent reduction in existing hardcover. �� 3. Appticant-snall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their penneability as non-hardcover surfaces. ' 4. Authorities granted by this resolution run with the property not with the applicant, but are perniissive only and must be exercised by obtaining a building pernlit for - Page 3 of 5 _ �°� 0 0 �� CITY of ORON4 . � � ti �� ' � �Gti RESOLUTION OF THE CITY COUNCIL `��.�sx�4` No. � � �� the new construction within one year of the date of Council approval, or the variance will expire on that date (November 8, 2005). 5. Violation of or non-coinpliaiice with a.ny of the temis and conditions of this resolution shall constitute a violation of the zoning code, shall automatically ternlinate any authority grailted lierein, and shall be punishable as a niisdemeanor. 6. The unders.igned applicant has read, understood and hereby agrees to the tenns of this resolution a�id on behalf of tlie applicant and the applicant's heirs, successars and assig�is, 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`�' day of November, 2004. ATTEST: j�`. ' ' J• ��CG'r�-lu �4Q%�-sJ ��; ;�- ��.�.. Lmda S. Vee, City Clerk Barbara A. Peterson,Mayor �- —� � ``�•,, • -r , `�-�.�(.-�,� Property Owne � STATE OF MINNESOTA COUNTY OF HENNEPIN Z The foregoing instrument was acknowledged before me on this� day of - = - �_, ��04�by Barbara A. Peterson, Mayor of�the C�ty of Orono,.a Minnesota n�unicipal corporation and said instrument was executed on behalf of the City. � �---�; ,; �:,,�'' -� , r otary Pu lic ,� ' ' � 4� JACKIE YCi,t��G r3 '; : NOTARY PU9LIC-tV�IN?!'�uCTA i :. � Page�4 of 5 . MY Commissian Expirs:�d��:�s:-��ce -� ^ —.�,.�-w=:�.:,-�-=.-t . �°� 0 0 � CITY of ORONO � � , � ti ti RESOLUTION OF THE CITY COUNCIL �'ES�I� c: � � .�.� . G _. .. _ .._��`9 4�'�' .: ...:..__ NO. ._ _ STATE OF MINNESOTA COUNTY OF HENNEPIN ' :}•�-- The foregoing instnunent was aclaiowledged before iiie on this �� day of �ti;tS��'t:;�2004 by Linda S. Vee, City Clerk of the City of Orono, a Mirulesota municipal corporation and said iustrumei�t was executed on behalf of the City. ;.;��.: �/� � , � RACH�L t�� \......l�_ �:k. �... .l�C.- ��c;%C�.. � ,� ��,� , � N07ARY PU.�,Lt�_, ., Notary Public ` !t A�ly Comrtsiss[un l ��::,... .: ...�,,., �_.-,_. , .:?4't:�+%+�'r:w-._^��^'�y'�'i"�'.a':'.^1�'...._. � STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was acknowledged before me this�day of � �v�j�Z-r, 2004 by Timothy L. Zwart, a single person. .'? �� ; ,.. /'�� -� � �, C�idISE M.LESKI�ICN � J �� `;�, ;y °� NOTARYPUBLiC-MINNES07A Notary Public , " =,� My Gomrt�ssbn Expires Jan.31,2005 �.� � . , .. .._ ..... .��:._s �. , ._ , Page 5 of 5 , L—`7c, ,�-►Si T ,� ••�AST 50.00........... ---- -- ��.,, CERTIFICATE OF SURVEY FOR � � � � '� ' � HY L . ZW ART � ��, s � �� T I M�T � i ��` � Pw°o�' ...�a.:... �; . �'• '�5&� �Lo ;�' OF LOT 11, HICKORY HILL : • \ �`_ / ; '-- ' � HENNEPIN-.. COI�INTY, _MINNESOTA : \" APPR�%V.1AiE"LOCRTICN � _. � � �OE 2S0' SETBACK lN�= I . .._ _ . .� � . _ . � �J ; � � � : �� 9 �:1--_ �� , � i ._�-. :�:?i.: s�. ...�a"� ; � -� ' �'� 1 .� �'`��'952,` `-- 11J ` \ ` PROPOSED� � PROPOSEO GARAG� F�OOR=9�6.2 � FROPOSED i QP QF FOUNDATION=955.2 �4PP�� o �——__.�` ��.,�o�-�� !fi'�c�-0Lb�/E Q-- o s� � �,� o- -��NOUSE-, � o �s- r Z,C�� - �j(d�fo � � -��. �. ��_f Z2.��` ` 39I0 •� � ��, � �o.a � � \ 1 \ ' ...:.�l�.�: ��•� �..\ �^�^ %3 O p �x�.\`, \\\ `\ ll ��, S � �' ,. oR�PE a°� \� ~' � � .� c� � � r-` N ,\ \ � � � � � LEGA� DESCRIPTION OF PREMISES : o � � o o � � °po Lot 11, hilCf<ORY H{LL / � Z � I U1 I / � o : denotes iron marker �t � I / � __ y��__ ; denates e;<isting contour line, from city maps I / `_ � da , denotes proposed contour line / r Bearings shown are bosed upon on assumed datum. 1 \ � ; �� ' This survey shows the boundo�izs of the obove described property, and the proposed e�:Nc ;� • ' location of a proposed house and shed °AN " 3 � � thereon. It does not purport to show ony � --� r other improvements or encroachments. �g�� 1. j _••wEST 5o.oa.......'' � H.C.S.A.H. N�. 1 � � NORTH SHORE DRIVE � 6CALE GRON BERG AND i herehy cerUty that this survay was pcepared by me or under my ��=20' ASSD�r�Q-�-ES ��C. dired superviswn,and that I am e duiy fegistered Civil Engineer r end Lend Surveyor Lndar thg taws o(the Sb1e ot MinnesoW. a+re :- . CONSULTlNG ENGINEERS, ' 9-21-04 � LAND SURVEYORS, AND SITE PLANIVERS � �� doe roo. ..._...._ .... .�.�> /i �� nd.�iR'i .