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Home My WebLink About#4952-variance-2003 '. y . ' � 7 O� , • O O . �� CITY of ORONO 3 a ..�.. �► ti �� . p~' RESOLUTION OF THE CITY COUNCIL ��kESI30g'� NO. � � � � A RESOLUTION GRANTING A VARIANCE �O MUNICIPAL ZOlvING CO]DE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L)(2); . SECTION 10.03, SUBDIVISION 14 (C); AND SECTION 10.03, SUBDIVISION 15 (A) FILE NO. 03-2877 WHEREAS, Shane Rudd and Kristine Rudd, husband and wife, (hereinafter "the � applicants") are the owners of the property located at 601 Park Lane, within the City of Orono (hereinafter"the City") and legally described as follows: . Lot 14, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota, _ • (hereinafter"the property"); and �VHEREA.S, the applicants have applied to the City for variances from�Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (L)(2); Section 10.03, Subdivision 14 (C); and Section 10.03, Subdivision 15 (A) to allow a 219 s.f. first story garage addition with a second story bedroom onto the street side of � the existing home and to reconstruct a main entry landing on the south side,with a rear yard setback of 28.3' where 30' is required; side yard�setbacks of 8.4' on the north and 6.5' on the south(for main entry landing)where 10' is required; an overhang encroachment of 2.5' on the north and south substandard side setbacks; a decorative wall, located 2.5' from the south side � yard setback where 10' is required, encroaching an additional 1.5' with overhang into a substandard setback; 3,508 s.f. (67.2%)hardcover within the 75' to 250' lakeshore setback zone where 1,305 s.f. (25%) is permitted; and lot coverage by structure of 2, 175 s.f. where 1,SU0 s.f. is permitted,in the LR-1B zoning district; and � WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 17,2003,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THER�FORE, �E IT RESOL�EI) by the City Council of Orono, � Minnesota: - � Page 1 of 6 r � , � O� . • O �'3. O . 9. � . CITY of ORONO � -� � � ..,-. ti �'',� �j'�' � RESOLUTION OF THE CITY COUNCI L ��kESI3�4� NO. � � � � FINDINGS 1. This application was reviewed as Zoning File#03-2877. � 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately 0.21 acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The existing residence was built in 1990,prior to the current zoning ordinance; B. The 8,950 s.f. (0.21 acre) lot with a 50' width does not meet the minimum lot � ` • area(43,�60 s.f. or 1 acre) nor lot width(140')requirements for the district; . C. There is no hardship to support the proposed 28.3' setback from the rear lot line. Therefore,the proposed addition must be located no closer than the required 30'setback from the street, further reducing hardcover and structural coverage on the property; D. The application proposes to reduce hardcover from 374 s.f. (10.03%)to 337 s.f. (9.03%)where none is permitted in the 0 to 75' hardcover zone by removing a shed, deck and brick patio; E. The application proposes to reduce hardcover from 3,508 s.f. (67.2%) to 3,396 s.f. (65.06%) where 1,305 s.f. (25%) is permitted in the 75'to 250' hardcover zone by removing brick patio and reducing the main landing deck; F. The application proposes to reduce structural coverage from 2,239 s.f. (35%) to 2,016 s.f. (22.53%)where 1,500 s.f. is permitted by removing a deck, shed and by reducing the proposed overhangs to an encroachment of no more than 1.75'; G. The side setbacks will remain 8.4' on the north side and increase from 5' to 6.5'on the south side with the application; H. There is no hardship demonstrated that�vould support the variances for the proposed decorative wall encroachment, and allowing it would decrease views � of the lake enjoyed by the neighboring property owners. . � _ Page 2 of 6 � �� • � �-� � � S. C ITY of ORON� ,� � � -- .,... � , ti RESOLUTION OF THE CITY COUNCIL ��'l ��'~ . 4 9 � � . �kESI3�4 NO. 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 will 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. 6. The City Council has considered this application, including the findings and recommendations of the Planning Cominission,reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. ._ _..___. CONCLUSIONS, ORDER,AND CONDITIONS • Based upon one or more of the above findings,the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(2); Section 10.03,Subdivision 14(C);and Section 10.03,Subdivision 15 (A)to allow a 168 s.f.first story garage addition with a second story bedroom onto the street side of the existing home and to reconstruct a main entry landing on the south side,with side yard setbacks of 8.4' on the north and 6.5' on the south(for main entry landing)where 10' is required;an overhang encroachment of not more than 1.75' into the north and south substandard side setbacks; a revised decorative wall,meeting the required height limits for a fence in the side yard(6'ma�cimum);3,396 s.f. (65.06%) hardcover within the 75' to 250' lakeshore setback zone where 1,305 s.f. (25%) is permitted; 337 s.f. (9.03%) hardcover within the 0 to 75' lakeshore setback zone where none is permitted; and lot coverage by structure of 2,016 s.f. where 1,500 s.f. is permitted. Approval is subject to the following conditions: l. Council approval is based on the revised site plan submitted by the applicants as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Building plans shall include rain gutter and down spout locations, directing water away from adjacent properties; b) Erosion control shall be installed, inspected and approved prior to work on the site; and • Page 3 of 6 . � °� � � . - • . o �.� ° 3 . CITY of ORONO r� � ` `y ;�.. +�'� . ,�� , > G�ti RESOLUTION OF THE CITY COUNCIL L`�kEsKo4`� . No. 4 � � � c) The proposed hardcover and structural removals as shown on Exhibit A must be complete before footing inspections are approved. 3 . Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 14, 2004). . 4 . Violation of or non-compliance with any of the terms and conditions of this • variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. . 5. The undersigned applicants have read,understood and hereby agree to the terms of - this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. . Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 14th day of April, 2003. ATTEST: - .� .�� Linda S. , City Clerk � ba a A. Peterson Ma r . 1 Property O r(s) � • Page 4 of 6 . o,�,. _ � • o � � � CITY of ORONO � 3 '; � "�, ��' . . � G . RESOLUTION OF THE CITY COUNCIL �`�kESH.�4� N O. !� � � �. STATE OF MIl�]NESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 14th day of April,2003 by . Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �°` . RACHEL DODGE � �"—"— �� a`-�'"�'�`�` N�TARYPUBUC-MINNE^OTA o; Notary Public ' � ' �'�`��'� �'�Y�Expires Jan.31,2G05 R ,,,••� . �.�^ . �.,:f STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acicnowledged before me on this � C�day of April,2003 iby Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instru.ment was executed on behalf of the City. �� f � n RACHEL DOQGE G9 � `i�� If� �-��,,�' NOTARYPU8IJC-MlRNE"OTA � ��`�'"'` MY�ton Expfrea Jan.31,2�,5 ; Notary Public � ,::,:. � �.�:�- State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this ��` day of Q. �003 � by Shane Rudd,husband of Kristine Rudd. � `� � � ��'�;'n', RACHEL DODG� �' Notary Public �� NOTARY PUBUC-MINNE"'JTA �`,,��}`° N1y Commissian Expires Jan.31,2�(15 ; ^� �, 1: • Page 5 of 6 . o.�,. . � � • � ,. � � � CITY of ORON� � � � .;-. � , ti �� G'�' RESOLUTION OF THE��Y��UNCIL . �kESH�Og' NO. State of Minnesota ) ) ss. ' County of Hennepin ) . This instrument was acknowledged before me this � day o ��003 by Kristine Rudd,wife of Shane Rudd. � 'r_i"YLP.C.t....l. ` ! `,�X./`iY�Y �.. �ti/ ��• e � '��t� '``"�, RRCHEL DODGE �L �.� Notary Public � `'� ; "• NOTARYPUBLIC-MI�!P!E"OTA . • '� ;� M/Commission Exp(res Jan.31,200;i � • , i.C�r^�-r��'. t.�:s:,,. .�.�C:'+:��._.v� .i ... ' . • • Page 6 of 6 • °u I �>� �Q �� y�� ,�.�y. � �i�y09�6t6 �G ti 1��.� . a ��.'� ��,1s,��d �� C�/ts�D ��9�Y� T � y � r � � ��0 � +a�'�, °�4 m' m � ° w � o �-Lt • . E � �.-°�`° ` Q —' � �u �m o o a r = � � p � o,oea< n ^ � + �c�'� z � m 8 '" . . °\ �'c�_v.°c °-' W oo°eo- � ° � �, � z W � � � r-� y �?: ��;e o x o . � � � � � � ZC o wo'�a � � � g T� . 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