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Home My WebLink About#5226-variances-2004 p , O �.. CITY of ORONO RESOLUTION OF THE CITY COUNCIL kESI30 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1405 AND 78-1288 FILE NO. 04-3046 WHEREAS, Robert W. MacDonald and Brenda Zoe MacDonald, husband and wife (hereinafter "the applicants") are the owners of the property located at 2480 Old Beach Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3 and all that part of Lot 2, "SHORE HILLS" lying southerly of a line runrung from a point in the westerly line of said lot, distant 24 feet northerly of the southwesterly corner thereof to a point in the southeasterly line of said lot, distant 263.4 feet northeasterly of the southwesterly corner thereof, according to the plat thereof, Heiulepin County,Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1405 and 78-1288 to allow a rebuilt detached garage to remain 8.4 feet from the side lot line when 10 feet is normally required and to allow a hardcover level of 32% within the 75'-250' zone where 25% is normally allowed and 34% currently exists. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3046. 2. The property is located in the LR — 113 zoning district, which requires a minimum lot area of 1 acre. The applicants' property is in excess of 2 acres. Page 1 of 5 o � o CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SHO¢ NO. 5228 3. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of the after-the-fact side yard setback variance request based on the following findings: a. The location of the new garage at the same location as the previous garage, being setback 8.4' from the side lot line, has no impact on visual density in the neighborhood nor any impact on adjoining property. b. The 1.6' encroachment exists at one corner,rather than an entire side. c. The previous slab was reused in an attempt to raise the grade of the new garage to prevent water damage. d. The total amount of hardcover on the property will not increase above the current non-conforming level, and as a stipulation of approval the applicants have agreed to remove 800 st of hardcover from the 75'- 250' zone which is out of compliance. 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 variances on the health, safety and welfare of the community. 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 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 variances to Orono Municipal Zoning Code Sections 78-1405 and 78-1288 to Page 2of5 0 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kESYL0 NO. 5226 allow a rebuilt detached garage to remain 8.4 feet from the side lot line when 10 feet is normally required and to allow a hardcover level of 32% within the 75'-250' zone where 25% is normally allowed and 34% currently exists, 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. Hardcover in the 75-250' zone shall be limited to 12,455 s.f. or 32% 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. 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. The applicants shall apply for and receive the appropriate after-the-fact building permit and inspections and complete any changes required to comply with the building code within 60 days of this approval. 5. Required removals of hardcover(800 s.f. in the 75'-250' zone) shall be completed by the after-the-fact building permit inspections. 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 60 days of the date of Council approval, or the variance will expire on that date (November 12, 2004). 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. il 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, Page 3 of 5 0 o � o CITY of ORONO A RESOLUTION OF THE CITY COUNCIL �kESII04NO. A 9 2 b 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 13`x' day of September, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson,Mayor rl j1 �,��i pzerty Owner(s) "- ,' 26STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this J �ay of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NOTARY PUBUC-fl'Jll""`STA F cosy commisn kava 20. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this/,lday of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota miuucipal corporation and said instrument was executed on behalf of the City. L X/ a-L S � NoTaY rumuc 3c' ,l Notary Public illy Cowdsslon Ex*3 Jars.3+,M, Page 4of5 O 0 OCITY of ORONO ti RESOLUTION OF THE CITY COUNCI L S 0 NO. 5226 State of Minnesota ss. County of Hennepin ) This instrument was acknowledged before me this day of 3o,2teAL,2004 by Robert W. MacDonald,husband of Brenda Zoe MacDonald. ES %- NOTARY PUBLIC WNNEGOTA My commiselon Expires Notary Public State of Minnesota ) ss. County of Hennepin ) This instrument was acknowledged before me this )-/ day of :& 2004 by Brenda Zoe MacDonald, wife of Robert W. MacDonald. I 17-0 , Notary Public Q4 INOTARC•MINN SOTA Page 5 of 5 1515 r/GAJ\/ one :! { 'wSr�jolt i` •'r ��6 h r, !,.e'.� �`` r t-tL:^X r..it �,''sif, . ` •�a.G. \ ...• ( Y'�4``••a•r •.. vt }J `fir.:-�'t+ _ _ b �� ' f•' ' 't 4 . r a, i�p�,yr�.;3s �' vtit�•��' ' ori \�.s _ \,, i 4 ' ..` I '�= .d �iA4 "'Yy '' +.�"l :g t '�_ 1'i t• \ a N t _9 4•s ,g :5:51 64 1 `rt' (4 §}`E,r'4.; +J K.t _ Y //.. ti I 1 'F' _ A < T Y 4;r t5 y < ."'. N t '#s S 7• z ti s BENCHMARK. I .; ,� •i�1, R,p _�'� � n ,j sslo, ;:wZW .rl 1.� yjQt `r•Ti. � r « rT J� y2 \ \ ( Q&v933�IT (' EDGE or Ale Ctt 71., O %¢ - � ,cse .>. ' "�, �2��t t �. �p i '° f'i •`Y`''' "stt,P 11 Ig `a • �. Y t A 18 7• ��`8--��. y_ty^�,. ae l". � _...0 O m 7 .r-�� r at :,>° _- - _ a , '1::.*�6r� c.,�:i n ij `P 'a• `•, eA q A e Y..z,'.,. '+f� t�L�Ty�rd tt Ztt ..�•e is,wK TI, . p,is 0 --"*-* .� ey'' i#�r.'S „ �°' / S Mum ' ``c�.t'� �('� '' i, t .e• �'�S. ,a,t' iy4 .•7�AI.�w_, 4A io y`J '� r Tb.• 1 ' �r '+rte +l",,,'W' �` � -- ;. _ - .. 4r1 r aj,h �, ,' i a�iti_ 'p. � _ �);: _. . �jl.�.V�q •gam L ,Iter r O ! r I ID-la' 5�•'•. bra !0 N �Oo is ;.� ry ••? r r '*' �: �-cry.a �� .. ..•• •' "+' a /1 0 �,0''� ( �C � Til •4� - s, � Was 7s �11a's�`: a e ill � �° bWels >.i V ;y p t3Yt. �». HARDCOVER ARI • 6rf.," �T �ton' .-4. BUILDING 1 ' ('�eA • BITUMINOUS ... r J . CONCRETE N 74 POOL •z �. RETAINING WAiLS � 74 to e �4T7L,. ms's � .u; V,20 T: I•' W000 DECK B6 w'7 - i• �: ..nA In 2 I PAVER WALKS o ) 4 i.'4 4 PLANTING AREAS RiPRAP .• F T o ; `55. 3 g TOTAL HARDCOVER 4J, p ' \ p a t49 rJ r A9. LEGEND • 0-75' 25 a - Denotes Found Iron Monument 7S-T50 y �j°Z8 O - Denotes Sol Iran Monument 250-500' as _ rape N 7 \ 0 a - Denotes Catch Basin u WE) - Denotes Sanitary Sewer Manhole FENCf xI xa� - Denotes Storm Sewer Manhole TREE LEGEND 4A 2�••�BA 14 T �' Y Is �l pd - Den.(se Woler Valve r _.-npe�' `r" - •d• - Denotes Fire Hydrant Number following abbreviation denotes estimated d1arnH i~ 1 la~'•• 5tj. - Denotes Gas Meter in inches. three feel above ground level The second 1: !� a �m.+s - Denotes Electric Transformer number(if any) denotes the number of trunks at that ea u .0-'• .- O - Denotes Air Conditioning Unit location(1 denotes o dead tree). ( cyn ,P- iu Is a_. \ D - Denotes utility Pole S N o ... .' - Dmoles Light Pole Number following shrubs denotes it's diameter in 1401. ® - Denotes Slone Paver Wolk �aM GENERAL NOTES ® - Denoles Wood Deck Q Denotes deciduous tree. (D Denotes shrub. u 1. For the purpose of this survey, that particular tangential - Denotes Plant' Area Wester) The of Lot 3,having o record distance of 761.2 loci, e� M • Y 9 M= - Denotes Rip Rap Shoreline .{_�Omoles coniferous tree. O'�Denotes lre0 • hos an assumed bearing of N 21'21'57"E. - Denotes Bituminous Surface jjjj��r````111� \ EMO - Lr 7 - Denotes Concrete Surface 1^�° 2. The address N the above properly. 2480 OLD BEACH A Denales Aah -ss-- - Denotes Sanitary Sewer BA Denotes Basswood ROAD. ORONO,M . 5539(, _ OBE 8 2 -st-- - Dmoles Slam Sewer BE Denotes Box Elder LEGAL DESCRIPTION —+— - Denotes wotermam 3. The Odd survey of this site was completed an July 10. --c-- - Denotes Cosmain CH Denotes Cherry lot J and all that pal of Lot 2,"SHORE HILLS"lying 2Q03 _-ow-- - Denales Overhead Miles EL Denotes Elm aoulherly of o Itna runni^9 from a Point In the westerly line of --1-- - Denotes Underground Telephone IR Denotes Ironwood said lot,distant 24 feel northerly of the southwesterly corner 4.Parcel Area: 91,780* SO. FT.(2.1* Ac.) - Dmoles Fenca(Type os NOIt-d) M Denotes Maple thereof to a point in the southeasterly line of said lot. distant (nisi - Denotes FenNot To Scale Q Dmoles Ook 263.4 feel northeasterly of the southwesterly corner thereof, 5. Benchmark: Rim elevation of senilary,manhole located i6S xIc(at pI) - Denotes Record Distance Per Plot RI Denotes Pine according to the plot thereof. feel East of existing house m 935.12 leel. (NCvD 1979) TO Denotes Tree Deciduous xxx xx Nt - Denotes Field Measured Distance SCHOELL INC REVI IQjy� CERTIFICATION CLIENT & MADSONI INC. Q J)AIL ily - +D(.SCRIPIION CK*D 1 hereby certify that this survey was ENGINEERS , SURVEYORS ' PLANNERS f ^� -- -- - prepared under my supervision and that Robe •-' '-' 1 nm a Licensed Land Surveyor under the SOIL TESTING • FNVIRnNUFNTAI GFRvirF. ""'-"" '- Inw•I of Ihn Slnlr nil Minnannln I .-- r