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Home My WebLink About#6092-variances-2011 � '��-�' �lr%a'ie-T'�i`� o5'tr�' �iv� . � • Doc No T�4�905862 Certified,_fled and/or recorded on 11/28/11 12:00 PM OfFice of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 753249 Doc Name: Resolution Document Recording Fee $46.00 Document Tota/ $46.00 . Existing Certs New Certs 1329527 This cover sheet is now a permanent part of the recorded document. , � �,.�, �-,� �— . . ; ,��.�� c .�.� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZOI�TING CODE SECTIONS 78-967(b)(3) and 78-1288 FILE NO. 11-3528 . rj��L , � � O� O �. O CITY of ORONO � "� •�s�. � RESOLUTION OF THE CITY COUNCIL �� No. � 092 �k'EsH04 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-967(b)(3) and 78-1288 FILE NO. 11-3528 WHEREAS, Timothy Bing Koehler and Danielle Tara Koehler, a mazried couple (hereinafter "the Applicants") are the owners of the property located at 4205 North Shore Drive within the City of Orono (hereinafter the"City") and legally described as: That part of Lot 2, "Orchard Beach", lying Southeasterly of the following described line and its Northeasterly extension; Commencing at the Northeast corner of Lot 3, "Orchard Beach"; thence on an assumed bearing of North along the Northerly extension of the East line of said Lot 3 a distance of 78.92 feet; thence on a bearing of West a distance of 89.50 feet to the point of beginning of the Iine being described; thence South 31 degrees 56 minutes 53 seconds West to the southwesterly line of said Lot 2 and there ending, Hennepin County, Minnesota. Subject to the easement for County Sta.te Aid Highway No. 19 as shown in Hennepin County Highway Plat No. 50 recorded as CR Doc. No 4746024. Subject to a perpetual easement for underground utility purposes in favor of the City of Orono as contained in CR Doc. No 3925296, (hereinafter the"Property"); and WHEREAS, the Appiicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-967(b)(3) to allow a retaining wall to remain as constructed less than the required five foot setback from a lot line; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 3,600 square feet or 29.1% hardcover within the 75'-250' zone where 25% is normally allowed and where 28.4% was previously approved with Resolution No. 5601 in order to allow reconstruction of an existing, unapproved patio; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 30% hardcover within the 250' to 500' zone where the property was previously limited to 26.39% by Resolution No. 5601; and Page 1 of 5 � o� O � O CITY of ORONO � � � �_;: � RESOLUTION OF T�HE��ITa(COUNCIL �� G'� NO. L `�kEsHo�'� . WHEREAS, within the 0 to 75' foot zone 167 square feet of hardcover (the existing shed and stairs) was previously approved by the O1/13/09 Agreement filed as Hennepin County Document No. T4688800; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on October 17, 2011 at which times all persons desiring to be heard concerning this application were given the oppartunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3528. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on October 17, 2011 and recommended approval of a setback variance for the retaining wa11; as well as 75' to 250' zone and 250' to 500' zon� hardcover variances,based on the following findings: a. The Property contains 27,111 square feet (0.62 acre} in area and has 54 feet in width. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The location of the home, the topography of the lot combined with the location of the Property along CSAH 19 requires a driveway turnaround be provided on site. e. The topography of the Property creates a practical difficulTy for safely backing out of the current driveway configuration,particularly in winter months. Page 2 of 5 � o� O � O CITY of ORONO � .;�' �► RESOLUTION OF THE CITY COUNCIL �'� a Gh'� NO. � 9.� 9 2 ��k'ESH�g'� f. Reconfiguration of the driveway to be functional year-round will require additional hardcover in the 75' to 250' zone above the hardcover level previously approved. g. The eastern retaining wall was constructed to provide access to a lower level egress. The drainage as it exists is functioning as proposed. Removal of portions of or all of the retaining wall may create undesirable drainage issues for the Applicants' home and/or the property to the east. h. The Applicants are replacing the existing patio area as it provides access to the existing outdoor kitchen area and a connection to the eastem, ground-level entrance to the home from the upper deck. i. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. j. The Applicants' request will not alter the essential character of the neighborhood arid will result in minimal negative impact on adjacent properties. k. The Applicants' request is in harmony with the purpose and intent of the ordinance. 1. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of their Property. 4. 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 variance on the health, safety and welfare of the comrnunity. 5. 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 practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would Page 3 of 5 � o� �:�. O CITY of ORONO � � � - ;�. �+ RESOLUTION OF THE CITY COUNCIL �� G'�'� NO. � � � 2 �kEsH�g'� 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 78-967(b)(3) to allow the existing, eastern reta.ining wall to remain as constructed; and grants variances to Orono Municipal Zoning Code Section 78-1288 to allow hardcover levels to exceed 25% within the 75' to 250' zone and up to 30%within the 250' to 500' zone, subject to the following conditions: l. Council approval is based on the landscape plan and hardcover calculations submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the landscape plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 167 square feet of hardcover within the 0 to 75' zone; 3,600 square feet (29.1%) of hardcover within the 75' to 250' zone; and 3,105 square feet (30%) of hardcover within the 250' to 500' zone in accordance with the plans attached as Exhibit A. 3. Prior to issuance of the adminisixative land alteration/driveway permit, the Applicants shall submit a revised survey and revised hardcover calculations to the hardcover levels approved with this resolution for review, verification and approval. 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 and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date(November 14, 2012). 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 ternunate any authority granted herein, and shall be punishable as a misdemeanor. 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. Page4of5 .� o,� CITY of ORONO �:, O � � �- ..r�' �, RESOLUTION OF THE CITY COUNCIL � G�� No. 6 � � 2 ��kESII�g'� � r �r"?s �,'t i s 'f�nas�l;.� +`sJis.� s.�R ��' ��cl��i�y�e Orono City Council on the 14�' day of November,2011. f ��y� ��„t�� `Yrd4��,K ,`� t . .'a �,r ; a� w �'T: �'3 �?' � f �c �a �,,� �r a N°�,�`g v 1 r r r �A'r . ,,� � J �'�"F��`Fa � )x �4 ��o .rY,+ -..,� n'gt�y. ��i_'ys�rF,p 5. , �: . 4 ar""� ✓,' K C. i � �t-�e � �4�f Fx��*�. � t,! .�"Il �' r�y,3��N�� , .. r �A��'� �J' a 7 i `�� p' `y � � NJ�J'_ •� \T'7 • ` J � I \ �' .. , 4 �: 'C '� '' ` 1r,+V�. r �` ��' ce ' `"Y°� :�;;<. ` , City�lerk Lili Tod McMillan,Mayor a, t -a�;:+�r°��.�-a�'�� ;:� �'� ��P�,f�s� *1��,�e�r„ r rr � � . . �ct� �.yrt r , y . ��r�'��'�-=-�-�+�- . �:.�, ^ . � , t r ` � �:�. F � � �- �g �)�V�.6✓�+V ' ��A a 'P�,�• / �,�`�t� ttww.� �,.Y �x.�� -�'xx��er�.y O er s) � ;,,_ S`TATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�y of /UO tl�cm��;12011,by Timothy Bing Koehler,husband of Daniel Tara Koehler. RACHEL DODGE ��-�i--�-� ��-,�-- ;yfl;q�YpiJgLIC.fVqNNESOTA Notary Public �— �y��,I�.31,2015 STATE OF MINNESOTA COUNTY OF HENNEPIN /� n This instxument was acknowledged before me this(�9 day of 1 `'�G�� 201 l,by Danielle Tara Koehler,wife of Timothy Bing Koehler. RAC4iEL DODCE ; �'�-'� �0c�"�'`"� �90TARY PUBUC-MINWESOTA Notary Public My Cammissi�Expir�s Jan.37,2015 1 Page 5 of 5 � � � Kesoiution . Exhibit A .......,�, • . .. � � � 2 I • � �-�_�"� ! I �� • Q—��'' _ ll07� �.�'!, ' ?�5'ZSo� � 3r6�1� , 'z�l-1 �!a �o��'�� 3�la5� � w!D e.auv+re.r.�mn mn mvmms.ra�mf.a , i � v.aeva. � � � II 6�h�dMw� � 6 ta�y�tb6� 1 � e ucww e wpeonw.u.. r.�we.n i.0 w'°'k°°� a'trou�ec� 6 InNlMY vMrvfm I IIb'��praY PdtlsY GN Ytl �.Y� O�W�� V asmMW rtdMp f�qrly ed rdm�Y60 dvYeL •re 0 YYa�wlnehp f�lOb�v< 9 nY��,M1ynvy �wYiB^P� � �aNnM1aM e�.N� �x.eacv,�.d�imla I �V 81a.+w�Puoo � TeGwLL+udsW Vse�tl�ta0vd �R�ivC�pw I b OeF¢4p6o e me..�.rav.y e��ma.� � ve..0`ms s.d ewzomon. �°v�'ro � e w.awnmaa uA�oa�r�mu.&�+ � ueaowixsoo n allomew.d. p „��. ❑ � � ❑ I O � e�.d.�'a� [maweW�u,a i I �� ❑ a oei.aswoe I uua wm �a�wa 6[a's�ytq� ��ba n xwnmm� I � CEIVED ' RE INov-s zo>> i ��m„� CITY OF ORONO STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 14, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. :�::;�?VITNESS my hand officially as such City Clerk and the Corporate seal of the I �,,.{�Crty �� l5xh��,�i�a.y of November , 2011. ��,�I � ��.`� 4�N�"� ;. �' .7 4{,��; ��` ��a� y�, • /�a�w �/j, � �`: � �� «��' �� _+�;� _ai��'� � � F� � # '; ,d, "��°� ,� *�:��. 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