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Home My WebLink About#5287-variances-2005 � O�0 o CITY of ORONO `►i 1 '� 'f RESOLUTION OF THE CITY COUNCIL � <gk► ;I� O¢ � N0. y ESTI A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279, 78-1288 FILE NO. 05-3079 WHEREAS, Peter M. Thomas and Nicole M. Thomas, husband and wife (hereinafter "the applicants") are the owners of the property located at 1385 Orono Lane within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to permit construction of a wrought iron deck within the lake yard requiring a 0-75' zone hardcover variance to permit 10.79% hardcover when 0% is normally allowed and 10.79% currently exists and also a lake setback variance to permit a lake setback of approximately 56' when 75' is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS 1. This application was reviewed as Zoning File#05-3079. 2. The property is located in the LR — lA zoning district, which requires a minimum lot area of 2.0 acres. The applicants' property is approximately 1.387 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on January 18, 2005 where a motion to deny yielded a tie vote. The City Council reviewed this application on February 14, 2005 and voted 5- 0 to grant approval of the variances based on the following findings: Page 1 of 6 p . O :^ , {y 41u ° CITYof ORONO ,\\ ti 6 ► RESOLUTION OF THE CITY COUNCIL , A.1/44.5) ` 1 ES1101' a. Because the wrought iron deck will be placed over existing mechanical equipment, no further negative visual appearances from the lake will result. b. The mechanical equipment will restrict the deck from becoming anything other than wrought iron,which is almost entirely permeable. c. The deck will not be any closer to the lake than the existing lake yard encroachments, which were approved by variance in Resolution #4604. d. The removal of 100 s.f. of driveway within the 0-75' zone will benefit the lake much more than the addition of the proposed wrought iron deck that is almost entirely permeable. 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 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 a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to permit construction of a wrought iron deck within the lake yard requiring a 0-75' zone hardcover variance to permit 10.79% hardcover when 0% is normally allowed and 10.79% currently exists and also a lake setback variance to permit a lake setback of approximately 56' when 75' is normally required, subject to the following conditions: Page 2 of 6 Iv 0 0 oCITY of ORONO ,s, �� ,� i ', 4, k 0 RESOLUTION OF THE CITY COUNCIL `910ESI;04 NO. 5 '2 R '.71 1. Council approval is based on the site plan submitted by the applicants 'and annotated by City staff, attached to this Resolution as Exhibit B. 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 0-75' zone shall not increase above the 10.79%. Hardcover in the 75-250' zone shall be limited to 7,433 s.f. or 26.76% per the proposed plan and hardcover allowance summary as depicted in Resolution #4604 and on Exhibit B. 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 remove 100 s.f. of driveway bituminous within the 0-75' zone as depicted on Exhibit B. 5. Applicants are advised that the intent of the City Council is to not allow the wrought iron deck to be converted to a porch of any kind, and any future variance request to do so is not likely to be approved. 6. Required removals of hardcover shall be completed by the first inspection of the proposed wrought iron deck. 7. 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(February 28, 2006). 8. 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. 9. 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, - Page3of6 1::0 CITY of ORONO ti .1$4� li �� i�; -�� 0 RESOLUTION OF THE CITY COUNCIL `�xESI'104 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 28th day of February, 2005. ATTEST: filCom!' a S. Vee, City Clerk Barbara A. Peterson, Mayor , le 4 (-- roOwner(s) Y Owner� ) Page 4 of 6 i1/4,0 47. 0 0 ,,,,,,k.„,_ CITY of ORONO ,..2, \\\ „so'pr.,,,,, ti Irk t A�{ 4 RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this „' day of reb,u,lc, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Mall B.I SOS` , Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 'C, ,i • � � o o 0 A _ CITY of ORONO 4te ► „�iJ X1,6-vi '�• RESOLUTION OF THE CITY COUNCIL kESI;& State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 7 day of 11,...14;4.i L.i- , 2005 by Peter M. Thomas, husband of Nicole M. Thomas. (._..,, f, !i•i ZC.: ti "`,t DENISE M. LESKINEN NotaryPublic 0 r ,,;;' NOTARY PUBLIC-MINNESOTA � . _ MCommission Expires Jan.31,2010 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 7 ,day of t ` {, t...A..-- , 2005 by Nicole M. Thomas, wife of Peter M. Thomas. / . � S irk DENISE M. LESKINEN ti I ( :, '_�+ NOTARY PUBLIC-MINNESOTA •+ y` My Commission Expires Jan.31,2010 Notary Public Page 6 of 6 • E• xhibit A • LOTS 1, 2, AND 3 AND ACCRETIONS AND REUCTIONS THERETO, AND THAT PART OF THE VACATED STREET, ALL IN "HOMES ON BROWS BAY', AND THAT PART OF GOVERNMENT LOT 3, AND • ACCRETIONS AND RELICTIONS THERETO, IN SECTION 2, TOWNSHIP 117, RANGE 23, ALL DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF LOT 3 IN "HOMES ON BROWN'S BAY', THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE OF LOTS 3, 2 AND 1 IN "HOMES ON BRO?N'S BAY" A DISTANCE OF 267 FEET; THENCE DEFLECTING TO THE LEFT 106 DEGREES 03 MINUTES A DISTANCE OF 41.55 FEET TO THE NORTHERLY LINE OF "HOMES ON BROWN'S BAY" TO THE POINT OF BEGINNING; THENCE DEFLECTING TO THE RIGHT FROM THE NORTHERLY LINE OF "HOMES ON BROWN'S BAY" 16 DEGREES 30 MINUTES A DISTANCE OF 31.35 FEET; THENCE DEFLECTING TO THE RIGHT 31 DEGREES 15 MINUTES TO THE SHORE OF LAKE MINNETONKA; THENCE SOUTHERLY AND WESTERLY. ALONG THE SHORE OF LAKE MINNETONKA TO ITS INTERSECTION WITH THE EXTENSION OF THE WEST UNE OF LOT 3 IN "HOMES ON BROWN'S BAY' THENCE NORTH ALONG THE EXTENSION OF THE WEST LINE OF LOT 3 IN "HOMES ON BROWN'S BAY" TO THE NORTH ALONG THE WEST LINE OF LOT 3 AND ITS EXTENSION, IN "HOMES ON BROWN'S BAY" TO THE NORTHERLY LINE OF "HOMES ON BROWN'S BAY", THENCE SOUTHEASTERLY ALONG THE. NORTHERLY LINE OF "HOMES ON BROWN'S. BAY" TO THE POINT OF BEGINNING.• RECORDS OF HENNEPIN COUNTY, MINNESOTA • - �/ T p s b� EXHIBIT B ,ORTHEToP LY Al 7 AS ` PLAH6 a .....„ion.J ��` 71 • Ali 14" ASH • \ 10" & 9' T ' 2' S o 6" SH 10" M I 10. t7� 7.0482 10" L��o 1 H 2 6 '�� 2-9 A Q ' •d;09 oI 1- ± A --4111411111P ��JP � s� \ ,T + '31.18 1 (PER OF •>• 4 Nir \ I� c ;� 5" WILLO �\` \ <Q - 9� � iLL•'��.41 �'930.05 \# 111 ��1_-� � +930.60 +9�e. I • 1 .43 930 f�= ii": AREA = 0Cd ° d -� Lo 8., WILLOW F �%'. + =30. i� 932.84 +932.76 � • yk ' 933.32 - .5 c13 ,off- m E'7 \''': +930.62 + °30.• �� 0•TLETAREN' ) T 2 / 144, - :ASI 40 933.49 FILLED 1MTH W 7E' Jr' • +93248 �-932.67 Y- .Ri � � + + CB %,/,pe.� 6 " �e "x-31 930.8 RIM 932*/, 61 A \ • 933.42 y7/ 933.05 �� , °.. � � �0.s- I 933.56 Oi �? �i ) ["� + 933.36 933.75 / ONBROWN J MP 933.8 93296 ¢ 932.62 ' v 1932 t 932.14 933.33 / /\q� �� t 22" ASH 933 ��' / � +934.39 `qp �p ..\--.•\,../----/ ‘(...\ ../Ct 93 ti • v yF. 93 X92 + • 4.80 �� pE� 91. 16+ 933.76' Ni wirr..�.G, +934.•1 / 1 955 A`' 0 933.3► 400,' le OAK +93276 (-411111111.%11111.11,/ 1 936 �� '•1G 1°T io, +932.35 BITUMINOUS DRIVEWAY SrM / -'w1"�� 41:40 29 A' RE • IN W W .I. .10•••• 940.39 .40 42 • • O� 6" CEDAR 13' BL Cf CHERR -v.. -- 1 Pr* C• CRETE WOK • 26.01 ICONCRETE STEPS "� r1AEV� ABOVE F ^4 .90 T ,•3 '.�// � __ 933 STONE LOW P(1)1:11011 N1 SIZE 8 76.77 'cfl /1.B3 _ L.00eATI O N o r p?.O?OsED . 0 2.9$ i EVA110N n^ (�- �h // IS•1►NG RESIDENCE 1.79 t +� W w U(� 11 I�N '- 9 •. �o ORONO LANE/ .1"OOTPRINT AREA +� rNc.WPINt� ST�'4R�S NOT 'TO ? • ��j/ L44g SQUARE FEET ? E X CE E p loo 5 a! . 03.9:Dy84 41 / ' / 3 •Q+ �y 02^117-23-34-0� m 10.0 m '° / �.� / tNCR . 93277 .g STE'S 57.84 }: i // / ❑ '48.21 lir932•.. // rCI CI "I • .e. Si, 10" ACKBERRY / •2$ // / I /7 5 • Q 16" HACK::- � /9'3' . VA // V ( . •48.07 '0 s1? • NOTE: GRANITE EYS StE BLOCK y y // / APPRObMATE FOOTAGE ON law // s„.1.957.47".4; // / LAKE MINNETONKA = ±427.58 FEET. 7.75 20" HACKS -_ / / / SHORELINE OF .../ ..,..- ..../. 1 Ater ..wucmMve