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Home My WebLink About#5139-variances-2004 1 � O ' v Q � � -s�au- CITY of �RONO a � �',� ��,1 / G'�' RESOLUTION OF THE CITY COUNCIL L<9 4� NO. � �' � �`` kESI3� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282, 78-330 SUSDIVISION B AND 78-1403 FILE NO. 04-2988 WHEREAS, Sean Daly and Leah Daly, husband and wife (hereinafter "the applicants") are the owners of the property located at 605 Park Lane within the City of Orono (hereinafter the "City") and legally described as follows: Lot 15, Block 6, Minnetonka Summit Park, except that part of said Lot lying south of a line drawn parallel line of said Lot southerly of the Noi-th line of said Lot, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282, to allow 420 s.f. (10,17%) hardcover within the 0-75' setback zone and 2,749 s.f. (58.2%) hardcover within the 75'-250' zone; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330, to allow a side setback for a deck of 4.2' from the property line where 10' is required and 3.2' currently exists for the home; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403, to allow structural coverage of 1,894 s.£ (21.4%) where 1,500 s.f. (17%) is allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-2988. Page 1 of 6 � � O� O O CITY of ORONO a � ti �'',�� G'�' RESOLUTION OF T�HE�CI�TY�COUNC�L `�kEs�i�4� NO. 2. The property is located in the LR-1B, Single Family Lakeshore Residential zoning district,which requires a minimum lot area of 1 acre. 3. The Planniilg Commission reviewed this application at a public hearing held on March 15, 2004 and recommended conditional approval of vai-iances based on the following findings: a. Per Resolution No. 2047, adopted in 1986, the property was permitted hardcover of 52.2% hardcover witliin the 75'-250' zone and 2.5% hardcover within the 0-75' zone. b. The applicants purchased the property with non-conforming haxdcover • consisting of decks and additional driveway within the 75'-250' zone, and a shed within the 0-75' setback zone,which items were apparently added since 1986 by a prior owner,without City approval. c. The applicants removed 142 s.f. of non-conforming hardcover within the 75'-250' zone when they recently, without requesting the appropriate permits or approvals, reconstructed the existing decks which were rotted and unsafe. d. The Planning Commission finds no hardship to justify allowing the non-conforming shed to remain within the 0-75' setback zone. e. Planning Commission finds no hardship to justify allowing the portions of the newly constructed deck which extend into the average lakeshore setback to remain. f. The side setback variance of 5.8' is supported by the hardship of the � location of the home which extends 6.8' into the side yard setback and the new deck was constructed at the same side setback as the previous deck. g. There is no available property to purchase in order to make this lot more conforming. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, Page 2 of 6 � ' � O� O O � ;.. � CITY of URONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEs�IOg'�G NO. � �. � � comrnents by the applicants and the public, and the effect of tlle proposed variance on the health, safety and welfare of the commuiuty. 5. The City Council fiilds that the conditioiis 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 conditioiis, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicauts,but is necessary to alleviate a demonstrable hardship or difficulty; is iiecessary 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 78-282, 78-330, and 78-1403 to allow hardcover within the 0-75' setback zone of 368 s.f. or 8.9%, hardcover within the 75'-250' setback zone of 2,722 s.f. or 57.6%, shuctural coverage of 1,815 s.f. (20.5%), a.nd a side setback variance of 5.8' subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and aniiotated 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 0-75' zone shall not increase above the 8.9% or 368 s.f. Hardcover in the 75-250' zone shall be limited to 2,722 s.f. or 57.6%per the 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 oil the property to ensure their permeability as non-hardcover surfaces. Page 3 of 6 _ o.�,. � 0 0 � C ITY of ORONO ,� � � ti RESOLUTION OF THE CITY COUNCIL ��l �G~ `�kEs8o4' No. � � � ?� 4. Required removals of structure and hardcover shall be completed prior to tl�e issuance of a Certificate of Occupancy or final inspection for Permit No. P07145. 5. Authorities gra,�ited by this resolution run with the property not with the applicants, but are permissive only aiid must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or tlze varia.iice will expire on that date (March 22, 2005). 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 teiminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the tenns 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 the 22"d day of March, 2004. ATTEST: . —, a • � /�,� � /� �" ��,✓,�.�1 ._.t:./ �f�' L' �,��-l..�i.��Gl�.'r��.,.✓'� �.f��..0�r�?'r:.-Z lyr,'! � Linda S. Ve- City Clerk Barbara A.Peterson,Mayor / � ;,i, „ � ,^` "'' d p,, � . ,.' ,, �1�/�.� ,� ei,y Owner(s) ` �, f 1 ✓ r Page 4 of 6 � °� . 0 0 C ITY of ORONO .; �, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsYi��G NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��1 day of �'�-'�c�r c e� , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota inunicipal corporation and said inst�ument was executed on behalf of the City. .,,�„� • y : ,rj � ; . . ,...:.,., � ` /"`C_ (k--�' �--� =l.. � �;�-. - RACHEL DODGE r �� "�o'I'�` ' NOTARY PUBLIC-MIi�1iv�"�TA z; Notary Public �•:C�Co.mrr'r;sion Expires J�r.3�,200> > STATE OF MINNESOTA COUNTY OF HENNEPIN /,�x.. The foregoing instrument was acknowledged before me on this C.� day of �`�-�'�C-�'� , 2004 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. �.�. �. �.i�'�,;� .f, l�,c._.s.�" f��G�� ,,�..._.,, RACHEL L�OS�GE �; Not Public � NOTARY PUBUC•MiNNE�dTA �,: Y . My Cortunission ExpGes Jan.31,20Ga �': =,.::c^;:.:.M �.. Page 5 of 6 � o� � 0 0 CITY of ORONU � ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`�x'EsB�g'�G NO. e5 � 3 � State of Minnesota ) ) ss. County of Hennepin ) �2 C►o�, This instrument was acknowledged before me this �day of . c�.� � ,��. ,�-084 by ��c,,�� t�;lt.; , husband of Leah Daly, husband and wife. ;') ,� > > ,r, // r`I � ^2: / /':% . : : . DENISE M.LESKINEN {�� L��Z`"'� ' � ,�. : NOTARY PUBUC•MINNESOTA �3 Notary Public �'r, :..;..,..;� My Commission Eupires J2n.31,2.^•^5 �. ?t�."'?", ,,-,<,,..;.,.:..; State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this "�day of ::F�;,i�.I _, 2004 by �.��`.h Ij��.�� , wife of Sean Daly, husband and wife. >- �7 � Pi�E�� r�f I DENISE M.LESKIN�N . �'/,- , � N�SO7A �. �, NOTARY PUB��C-r��N. � ,,,- 'r.'.fl.J =�l.J comm'��f��x�;;�'� 5� �� Notary Public :'- My .,��^�., ,t;� Page 6 of 6 EXHIBIT A THE UPPER LEVEL DECK CAN BE � RECONSTRUCTED SO AS NOT TO INCREASE $ CERTIFICATE.OF SURVEY FOR �G � �nsrnNc - STRUCTURAL COVERAGE OR HARDCOVER SEAN DALY � •. HousE � LEVELS ON THE PROPERTY • ,4�r.• � 1N LOT 15, BLOCK 6, MINNETONKA SUMMI�f PAR • � a+ � es,,, �,. E HENNEPIN COUNTY. MINNESOTA � . : 13� � . � � � � �.� � � � _ EXISTING HOUSE •� �' � - ��MpvED �,., � '`� � �,., w• ` ,tiw �D�GK- ENU2D�}1 °� ,�.: a /�� ` p.,� t� • ,a � `W �'�,,�� DN E UkK�� ' .�� • ;� `� S� .•{ \ ^w � , ��1� � � �! t � �RVEY a Iw �"�i�„�. , E ""° p ' � 4 �...+�°''"'�°0y : o•• . „� ��-:�`'� � � ,_� •1 ��y ��e\` eu°°� � QUVfI M � �. Y3�' +� Yri.4 CWfWt IlE ^ Nj �"" �'n -'�i j �� • wdi ` �� •. i a�.n n�a� � i'�' z\ � � w • � . e.n g�.13 � � �a LAKE � � \ _ .�::� :. a • n 1 tT�,\ ex. . � "y j•;�, "T. 1 � �aw 'r EXISTWG ".. �. (.� � NOUSE "�� `a�� MINNETONKA �;S, °»' �05��!1 „ �� ' g7 . ' a'' ; r_ 1 � . ��`i''��' � • , �o.r 9. •., � NORTH ARM ' ��oEscRirria+a'paa+i�s : � Lol 15. Bloek 8 YIFFIEZON(A 511MIT PARK. 5�� axcepl lhol par� of sofd Lot lyinq eoulh ai • �� v line d�awn paralld rilh and dialont 55 fuF eoutherly of lha Norlh 1{oe of sa�d lol. ��•� o denolea Iron morkcr • (gpa]J; denolaa exlslln9 apot elavotlon,meon eaa tavsl dolun WOTE • Aeeuraey ol hardeover Iocalion, an � addilfonal hardeover is Ilmiled by iea and snor eover. Beorings ahmen ora based upon un waursd dotvn This survay Inta�Qs lo Ohos lh�bou�darfes of l�.obov.d�aeribwd p�op�rly. lhe loeatloa o! a�aalaling hou�e. ond lh. Iecollon o! oll vlstbte 'hardcov��" _ lhar�on. Il doei net purpott lo��any othe� trryrovme�la or �nc�oach�+enta. :i,a�wo�s K ua'a ur vc�a�sonqmo+�i�o �� .. °�"m '"�' "" GRONBERG & ASSOCIATES, INC. ,��w��.�•�►°��W° ,� awna um a us�s x axe�wraeu t-12-a � e.�� qi¢1TT�C ENCtEAS.�N�1 9I�lYEVafl$S7IC PLIJd1F]tS �� QQ MS NUIiH trUDW OitVE Ldti.LAI�►K 5956_ :�..Lr a�n omo ' o5M7s-d141 o.a ' '.�w urnec w� :�7�" o1-aat l6R ' . �u..�r��