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Home My WebLink About#5014-variances-2003 ,� � � � �� o , o l � CITY of ORONO � � �:. -� ti ti � RESOLUTION OF THE CITY COUNCIL �L`�kEsKOg'�� No. ' 5 0 � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE . SECTION 10.03 SUBDIVISION 14(C) SECTION 10.22 SUBDIVISION 2, SECTION 10.24 SUBDIVISION 5(B) AND SECTION 10.56 SUBDIVISION 16(L) FILE NO. 03-2913 WHEREAS, Stewart Hansen& Gina Hansen,husband and wife, (hereinafter"the applicants") are the owners of the property located at 583 Park Lane within the City of Orono (hereina$er the "City") and legally described as follows: Lot 13,Block 6,Minnetonka Summit Park,Hennepin County,Minnesota • (hereinafter the "properiy"); and WHEREAS,the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.24 Subdivision 5(B)to allow constxuction of a new 6' x 20'covered porch entry on a lot 5' from the side lot line where a 10' setback is required;a variance to Sections 10.22 Subdivision 2 and 10.56,Subdivision 16(L)to allow hardcover in the 75-250'zone at 54.7% where only 25% hardcover is normally allowed, and a variance to Section 10.03 Subdivisionl4(C) to allow lot coverage by structures of 2439.2 s.f(25.7%) where only 1500 s.f. would normally be allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File#03-2913. 2. The properiy is located in the LR-1B Lakeshore Residential Zoning District,which requires minimum lot area of 1.0 acre and minimum lot width of 140'. The area of the properly is 0.219 acres (9,500 s.f.) and defined lot width is 50.05'. 3. The Planning Commission reviewed this application at a public hearing held on � 1 . • ,: . . , , . • . . 7' O " • . • O � O . 3 CITY of ORONO � -. .:� � , ti �� G'�' RESOLUTION OF THE CITY COUNCIL . . �kEsflog' NO. c� � .� /-� July 21,2003 and recommended approval of the side yard setback variance as well as approval of the hardcover variance, based on the following findings: a) Per Resolution No.4497,the property was granted approval for the additions in July 2000 which resulted in no increase in lot coverage by structures. The current proposal results in a structural lot coverage decrease from the current level of 2459.7 s.f. (25.9%)to 2439.2 s.f. (25.7%). b) The side setback variance of 5' is supported by the hardship of an existing - window which would be blocked if the 10' setback is required and the location of the existing well pit. c) The proposed porch will not have a negative impact on light, air or open space in the neighborhood. • d) A hardcover variance in the 75-250' zone is supported by the following hardships: i. Narrowness of lot at only 50.05' in width limits the amount of hardcover allowed on tHe property and results in a long narrow house design conf`iguration due to the required 10' setbacks. ii. Hardcover is proposed to be reduced on the property from the current level in the 75'-250' zone of 57.1%to 54.7%. There is no additional � hardcover that can be reasonably removed. � 4. The City Council has considered this application including the findings and . recommendations 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 variances 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 t�ie applicants; 2 . ,a� � . ,� O� • O �. O � CITY of ORONO a --- ;. � , ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESH.Og' NO. A� �� 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 10.24,Subdivision 5(B)to allow construction of a new 6' x 20' covered porch entry 5' from the side lot line where a 10' setback is required;and a variance to Sections 10.22 Subdivision 2 and 10.56,Subdivision 16(L)to allow hardcover in the 75- 250' zone at 54.7% where only 25% hardcover is normally allowed, subject to the following - conditions: � 1. Council approval is based on the revised site plan submitted by the applicant,attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confornuty with City codes will require further Planning Commission and City Council review. � 2. Hardcover in the 0-75' zone shall not increase above the existing 10.3%. Hardcover in the 75'-250' zone shall be limited to 3147.16 s.f.or 54.7%per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is 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. Applicant 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. Required removals of structure and haxdcover shall be completed by November, 1, 2003. . 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 the date of Council approval, or the variance will expire on that date (July 28, 2004). 6. 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. � , 3 � • , • . � . h� � • . , •� O� • O �: O S � CITY of ORONO � - :. � � , ti �� G'�' RESOLUTION ,OF THE CITY COUNCIL �kESH.Og' � N0. � O � � 7. The undersigned applicants have read, understood 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. Adopted by the Orono City Council on this 28th day of July, 2003. ATTEST: �� - � • � Linda S. Vee, City Clerk Barbara A. Peterson, Ma or � �� nr,,,, ' � U Wv�"/ l/ Pro erty Owner(s) � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�day of_�,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corpora on and said instrument was executed on behalf of the City. � �lQtiS'Pt B.ANOERS��! °��,� � F,�' .�,,��,�.. Nd1'qR1(p(�LiC-MINNESOTA NOt Public STA �P�Jan.31,2007 � . CO TY OF HENNEPIN . � /�y� The foregoing instrument was acknowledged before me on this�?' day of�,2003 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. � RACHEL DOD�E �+ ,o � ;;�'-`;;:,. NOTARY PUBUC-M{Cd?iE"OTA � _� �v�`V�—� ;�� My Comm(ssion ExPj�g�a°.3',2°°5 . Notary Public �� .,� .,�s�s� • �� r . . 4 . � °� • o , o 3 CITY of ORONO ,� -- .,. � , ti �� G�' RESOLUTION OF THE CITY COUNCIL `9kES�I�4 NO. e� O .� � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this �St day of /4 k �sf' ,2003 by Stewart Hansen,husband of Gina Hansen. BARBARA G.SILUS ' NOTARY PUBLiC-MINNESOTA „ _ Q�a My Cortxnissbn Expire�Jan.31,2008 <.lJ?,� Notary Public State of Minnesota ) � ) ss. • County of Hennepin ) This instrument was aclrnowledged before me this �st day of �/.( U St ,2003 by Gina Hansen, wife of Stewart Hansen. BARBARA G.SILUS �6�� NOTARY PUBLIC-MINNESOTA ;,�;.;� My Canmissio+i ExPires�an.31,2008 Notary Public r � 5 _ . . -�'" �� "� .`''"�� `� m c° � �a � �, ' � o . ^� `• �,• `f � � � � r �i O1�I. L. T . ,� �'' ' 3 c C • , o� o � Z • , �OTp •.'..! C m • —T 5 0 1 4 �'�g c. H a � Y � • ' ' �q cv.. o 0 8 �a . � �E„� o � . Tp�y.�}_�' � ' .�d N'�' p OrJ . . S'L� � • . �� GN � � , • . �� ' V�V m �•' 1 . �� v �� ':? o o d- � � � L�p�� m �d�+7 L O �N �� a o „ � � � , E � P P 5200�9 6� / �� rogs.. �- \ � —� � z'�j S6V � �� / �2y '" `%�.��✓ � � N x�� m •j '�� . � � � m � � , � 2� b �� ' q1� �c� � •� O • N�� .j �µ�� L • . . �.� `K / � . � � � � � �k � 2�% m g ' ' 7. � YNO/ � � o • � . 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