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Home My WebLink About#5360-variances-2005 r � � �� F�� .; . ,..� CITY Of �RONO �, ,� � ;;� �� , ��r� �� RESOLUTlON OF THE CITY COUNCIL ��kESha'4� NO. �' f� i'�` .. A RESOLUTIO�T GRANTING VARIANCES TO MiTNICIPAL 'GONING CODE SECTION 78-330 (Bj FILE NO. 0�-3127 �'HEREAS, James A. Kelly and Maraaret B. Kell;r; husband and ��ife (hereinafTc�:- '`the applicants") are the owners of the property located at 444� North Shore Drive within the City of Orono (he.reinafter the `'Ci��") and le�ally described as follo�vs: Lot 3, Ber�quist's Addition to Sa�a Hill, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the Cit�� of Orono for lot area and lot «�idth variances per Orono Municipal Zoiun� Code Section 78-330 (B) to permit construction of a ne�� residence on an eaistin� lot 0.�0 acres in area where 1.0 acre is normally required and 77' in width at the shoreline and 79' in «-idth at the 75' setback where 140' is normally required. I�O��J, 1''�iE�FO� �3� I'i' k2�SOL,�EY) b}% the City Council of Orono, Miiuzesota: FINDINGS l. Tlus application was reviewed as Zoning File OS-3127. 2. The property is located in the LR — 1 B, Zonin� District which requires a minimum lot area of 1.0 acres and a minimuin lot width of 14Q feet. 3. The �lannina �onunission review-ed this application at a public hearin� held on 3uly 1�, 200� and recommended approval of the lot area and Iot width variances based on the followin� findings: �. The lot ;s a le�a1_ lot of record and ti�as created prior to adoption of the current minimum lot area and width requirements of the LR — 1 B zoning district. Paa� 1 of� � � �O� o � �� CITY o� ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESII�g'�G NO. � � � � b. The former residence existed on the substandard area and width lot since prior to 1960. c. The lot is provided with City sewer. d. All other Zoning Ordinance requirements with respect to setbacks, hazdcover, lot coverage by structures, and building height are met. e. No additional adjacent land is available for acquisition by the applicants, and doing so would make the adjacent properties more substandard than already exists. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City s�taff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, aix 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. CONCLiT�IOI�tS, O�Ela�I+1I! COI�ITIO�TS Based upon one or more of the above fmdings, the Orono Cii3� Council hereby grants a lot area and lot width variances per Orono Municipal Zoning Code Section 78- 330 (B) to permit construction of a new residence on an existing lot 0.50 acres in area where 1.0 acre is normally required and 77' in width at the shoreline and 79' in width at the 75' setback where 140' is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annota.ted by City staff, attached to this �Zesolution as Exhibit A. Any amendments to the site plan which aze not in conformity with City codes will require further Plaruung Commission and City Council review. Page 2 of 5 / 7 � '� �� O� �R�� r� P "�" a � ti RESOLUTlON OF THE CITY COUNCIL ��`�k'ESI�.og'�� N O. � � �,� � 2. Proposed hardcover for the 0-75', 75'-250', and 250'-500' zones shall remain conforming at 0%, 25%, and 30% respectively. Applicant is advised t11at any requests to increase hardcover beyorid the allowable lunits esta.blished in City Code Section 78-128� shall require City approval, and will not likely be approved. 3. Applicant is hereby advised that all decorative landscape beds on the property shall not be lined with plastic or fabric liner material to ensure their permeability as non-hardcover surfaces. 4. City Engineer approval of the final grading plan will be required prior to issuance of a building pexmit. 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 tlie date of Council approval, or the variances will expire on that date (July 25, 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution sha11 cons�itute a violation of the zoning code, sha11 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 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 25�' day of July, 2005. ATTEST: r' �� _. , � . .. _ .. _� . .,.. ,r_, � , . . Lind� S.'Vee, City Clerk Barbara A. Peterson, Mayor l� � �;._� 7 y t,� ,+ � „ �� ... a}� f �`{,� yi 0 �.'F..�y pA +�' � 4� d � .$. ryp �!(�Ij 'S � �1. ,� � 5.l�� f� C p�" .,°,�_It1-:-9.v�.. � Proy.-��erty Owner( ) ��c�< �a , � F� , t' '�'��,.. 2�_nV f�y� Page 3 of 5 � � �� . � o �� CITY of ORONU � � //y�� S �• ti RESOLUTION OF THE CITY COUNCIL ��`4kESYi��G NO. � � �` � STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instnmzent was acknowledged before me on this � day of '� �EJ ,.. , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipal corporation and said instivment was executed on behalf of the City. .�.;�. d� � Not Public ,< .��.;;.c,,,>=, t.. �.�� , v«�IS71 S.ANDERS�N iVOTARY PUBLiC-MINNESOTA • "`";��-�� ,1y l'�ammission Expres Jan.31,2007 ��5—,� .%�>?'u.t�""'.'''�'�-� . STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this � � day of �-� ��`�:�*" , 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. rul..fi�' ftACHEL DODGE L ��i'�. s�-;..�.� ��:.��A�=� �.�. �; , NOTARY PUBLIC-MINNESOTA Notary Public iR# `;�,,;:�'� My Commission Expires Jan.31,2010 Z��--.v..,�.�� Page 4 of 5 r , .� � �� I Y of �R�1�T � � p tl � ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI�og'�G NO. � � � � STATE OF M.INNESOTA COUNTY OF HENNEPIN This instnunent was acknowledged before me this�day of �:.�17r��r� , �005 by James A. Kelly, husband of Margaret B. Kelly. � f,.i � � i .: DENISE M.LESKINEN ,. , • . i .` , NOTARY PUBLIC-MINNESOTA ' �` � J '1---��—'""`"" '� � r�-r,�-C ) i'-'CG� �;.,,;:+. My Commission Expires Jan.31,2010 Notary Public STATE OF MINNES(�TA C'OUNTY OF HENNEPIN This instrument was acknowledged before me this �� day of �:�'�.'j��,��,--~ , 2005 Uy 1Viargaret B. Kelly, wife of James A. Kelly. ,-) .�� ,1 .� , DENISE M.LESKINEN . . �; NOTARY PUBLIC-M�NNESOTA �., � ;1-� ,a`�r 1 e,:;^.�,� ,;i - ,,..�, � ;�„�:. My Commission Expires Jan.31,2010 �otary Public f�� Pa,� � of� . � CERTIFICATE OF SURVEY FOR ��j� � JAMES � MARGARET KELLY • OF LOT 3, BERGQUISTS ADDITION TO SAGA HILL � ,� � . ` HENNEAIN COUNTY, MINNESOTA � � � �•� . � . ,� �� y�''y , �ti �1� \\ Sp�� , . � � � D • �„� \ Z �, � ��Y — ' � ' n � � � �'r; lO�; \ � ��. � 1 \ � i �'¢ � �� o y�, ('J� 4 � 1 � � � � OJ � _� � ,�aD ' / O � 9 O `� � �� / � n . ,'.�- (V} �,,/ / �� ' \ � � ' ' �,�+��,4 oJ � ! i s�� OPOSED ,� / °j DRIVEWA \ � / ,,ytrd •�1 I ��a�o� � 7 , �� 4 � \ ' \ y �(��k'Do g,/� i I• ` • bry � �2� � � ��g �r� � •� ' � 39�i � }�� l�o � h� � � � . 0� � . `OQ2 I � ��-0 �� ` � \ � ' 00 � -� o { � 9 0` � , t . K � y, ` '6 ,4 �� J 1 �4 �� 9�^ , �i � ^ � \ \ � �� . \ J�/ tlaek ' a�y�� \ � � �� °� ry7 �Ci . �x � \1 � � \ �OJ`' . �1 , '1 ' �q�\ � �.�o y��?U . 11 �� / 1\ ,\ ` \ S�S_ , \\ . 1 \ ` � �,�.�� \4- � �,., ,�d—� �• . �,� � \\��,g�s�— �.� ��o�� ~, '\ �3�� F�� . r�r \` cs+ \ ' oy�� \` . � LOT AREA % ry� ye I '� 0-75 F00T ZONE = 5810+— S.F. ,. �� 75-25D FOOT ZONE = 146901— S.F. � �� > 250 FOOT ZONE = 1660+— S.F. " �`��S�G 1 � ;. TOTAL = 22180+— S.F. � ��Y �\��F/ ��g . , Proposed elevations �`§.,, 6'�x��Z 1 aroge=(e4e.o) � `� '•`9�� o � 2�op of foundation=(s4e.3) �J�� gy�� Pq 316osement=(938.6) • �L�� o>�!\ LEGAL DESCRIPTION OF PREMISES: Lot 3, Bergquist' s Addition to 5aga Hill ' �2� . �"., 'TM This survey shows the �boundaries of the obove described property, ,�9 and the prpposed location of a proposed house thereon. It does � not purport to show any other improvements or encroachments. o . lron marker set . � � _ Iron marker found (92e_4) : existing spot elevation � s2e.¢ : proposed spot elevation -ss�- : existing contour line -�-: proposed contour line ' Bearings shown are based upon an assumed datum ^ GRONBERGBASSOClATE5�INC. �^�m�'�4'�+�"+�q"`�v�v�'�°v"'°°r'°'dvrmymreuauper- . SCA�E CONSIILTING ENGINEERS.LAND SURVEYORS, �n,ana n,a�i sn,a e�y coss.��cwa��ra�a t�a s��ror w,a�r ��30� Sri'E PLANNERS fhe lavvs et Ne Smle al Wrmcola. DATE 44S N.WILI.OW DRNE IONQ LAF�,MN.55356 7��$ 952-473-4141 /��/�� JOB NO. ��s� OS-317 05-3'17��+Y e�vw raeM s.c,ro an;�,�r�u� Number 12755