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Home My WebLink About#5646-variances-2007 � .��g R�s-t �'-� C �- - . Doc No 9058110 10/30/2007 09:22 AM Certified filed and or recorded on above date: Office of the County Recorder , Hennepin County, Minnesota>°' Michael H. Cunniff, County Re�order TranslD 3 2249 Deputy 59 Fees $35.50 DOC $10.50 SUR $46.00 Total . , � . TRANSFER �NTERED HENNEPIN COUMY TAXPAYER SERVICES OCT 2 9 2001 HENNEPIN COUNTY MINN. BY QEPUTY A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE 5ECTIONS 78-330 AND 78-1288 FILE NO. 07-3280 ' , f � O� O O � �� CITY of ORONO � `�, �� RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�`'�G ►vo. 5 6 4 6 A RESOLUTION GRA1\7TING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 AND 78-1288 FILE NO. 07-3280 WHEREAS, Louis B. Baldwin, a single person, (hereinafter "Owner") is the owner of the property located at 1348 Rest Point Circle within the City of Orono (hereinafter "City") and legally described as: Lot 11, Rest Point Park, Hennepin County, Minnesota(hereinafter "the Property"); and WHEREAS, Vogue ICF Homes, Inc. has made application on behalf of the Owner to the City for a variance to Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot with an area of 0.33 acre when one acre is required and a width of 67 feet when 140 feet is required. WHEREAS, Vogue ICF Homes, Inc. has made application on behalf of the Owner to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 2.5 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed and to allow 27.92 percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent; 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 public hearings on April 16, 2007 and May 21, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#07-3280. 2. The property is located in the LR-1B zoning district, where 1 acre is the minimum ]ot area and 140 feet is the minimum lot width. The property is approximately 0.33 acre in area and 67 feet in width. Page 1 of 4 , , �O� O O � � CITY of ORONO ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kEsKo�`' No. ____;5 � 4�-- 3. The Planning Commission reviewed this application on May 21, 2007 and on a vote of 5 - 0 recommended approval of the variances, based on the following findings: a. The lot was created before there were subdivision regulations. b. Prior to 2003 a house had existed on the property for many years. c. While the Owner does own the adjacent property at 1350 Rest Point Circle, that property was purchased by the previous owner in October, 2006, to allow a coordinated redevelopment with this property. Prior to that the lots had been in separate ownership for many years and there was a house on each lot. d. The proposed house would not be out of character with the surrounding area. e. The angled driveway arrangement requires more hardcover than a straight driveway but provides for better drainage and allows the front door to be visible from the street. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant 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 Owner but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 � o� 0 0 � �� CITY of ORONO � � � � �',� ��'' G'�' RESOLUTION OF THE CITY COUNCIL �`�kEsKo4`�' rvo. 5 6 4 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-330 and 78-1288 to allow construction of a new residence, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone (other than the permitted lift) shall be limited to 127 s.f. or 2.5%. Hardcover in the 75-250' zone shall be limited to 2,583 s.f. or 27.92 % per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The Owner 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. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Plarming Commission and/or City Council review. 4. By a separate document the Owner shall provide a drainage easement along the westerly five feet of the lot. 5. Owner shall repair or replace the existing stairs to the lake to comply with Orono City Code and the Building Code or install a lift to provide lake access. 6. Owner shall remove invasive plant species on the bluff/steep slope and where necessary for erosion control replant appropriate native plant materiaL The plan for this work shall be approved by the City Engineer and it shall be completed before the Certificate of Occupancy is issued. 7. Owner shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 4 � o� 0 0 � �� - CITY of ORONO �� ,. � � �',� '�j,` G'�' RESOLUTION OF C TY COUNCIL L`q�k 04'� NO. �� b ESI; CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-330 and 78-1288 to allow construction of a new residence, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone (other than the permitted lift) shall be limited to 127 s.f. or 2.5%. Hardcover in the 75-250' zone shall be limited to 2,583 s.f. or 27.92 % per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The Owner 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. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 4. By a separate document the Owner shall provide a drainage easement along the westerly five feet of the lot. 5. Owner shall remove the existing stairs to the lake and install a lift to provide lake access. 6. Owner shall remove invasive plant species on the bluff/steep slope and where necessary for erosion control replant appropriate native plant materiaL The plan for this work shall be approved by the City Engineer and it shall be completed before the Certificate of Occupancy is issued. 7. Owner shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. Page�of 4 � O� O � � �� - CITY of ORONO � � �. .��A .. G� ll RESOLUTION OF T��I�Y�COUNCII ��l '` ��'~ F� `�kES8�4 NO. 8. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before August 13, 2008 or the variance will expire on that date. 9. 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. 10. The undersigned Owner has read, understood and hereby agrees to the terms of this resolution and on behalf of its successors and assigns, hereby agrees to the recording of this resolution in the chain of titie of the property. Adopted by the Orono City Council on this 13th day of August, 2007. ATTEST: ��t,'��., .,�� G�'�.�.-- �t.�c.r> .�<'� �c,/�-t,f�C� Linda S. Vee, City Clerk J es M. White, Mayor ` '�� .� -� � � � � Louis B. Baldwin STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this o?7 day of_��C-c� � , 2007 by Louis B. Baldwin, a single person. � < r:---.��'' , gqRgARA G. SILUS �� a �=��'� NO?ARY PUBLIC-MINNESOTA °'�� My Commission Expires Jan 31,2008 , NOtaTy pUb11C :��d�' Page �f 4 � CERTIFICATE OF SURVEY FOR THOMAS H. PARKER OF LOT 11, REST POINT PARK � HENNEPIN COUNTY, MINNESOTA �� i ,-' �ti� °� 5 6 4 6 ��= �zg , , � 4�1�1aoa...:� �� '�� .��j`�,,,o"� ,�' i Q, E%ISTHG /� ��"��R� / � GARAGE �, � �1' �• i/ � / � t�" •' '�,+ � ,� � g ��.' /� / // �' i %. y � �i j/ i � �� i �' .:. y`.� � -a�e? /' / �H�� ,,� � '��` ,a oI EXISTING vu i � jo/ ^P�POSED °� � t�` 1 r /H�ZSE �'— � �' � HOUSE � g /� 4� / .. '.' / /iase � � ��'�� ,t I .n � oEac �'" � a ' � w �� / No�:s�w+o�osm r�wr� ra+c�uoNc ar+�oT �z ��, :� I / ,„ `'�Q $ �� i 11 � i� i � � � ,�� ,�!��e � � '�� i � d� �, �:::-,uo urtn�""a„�wr � � �- � , , , / � � \, � / ` ` / . / u`��. `y� UTILITY SEMENT 1 �/ � L/ DOC.N0.3925304 '',.� �'. / �p, �� 1 �� ' / ///�/�,�//�,��, . � .j �� .�'..r"'� ��ar✓' �� '��/ � \ / i � � � i ..wc � \ � � � / °� � � o ��j �� S�� , . 4�'� � twn,�' i°"�� /�-%� y �+�� !�, s�� ' . / � � � PROPOSED ELEVATIONS : /� � / �� !/� i�!�/ �� i i 1) Garage = 974.0 � i ^ � � � / � �� i j / %% .s,',n��J� �' /�_ 2) Top of toundotion s 97L I / / �� j�J,ye/ � � � � ��iiN i �%i� 3) First tloor =972.5 I � �// /��S� ��i � � i � j�/�/ / / 4) Busement = ae.5 ��j j��i � j'�� /�� /!� �:- Q .aza.a coriroua uf 5) Sport Court = esis �i j i�j�j� ji��i�� i i �/� ��i i/ i�'// LEGAL DESC�2IPTION OF PREAdSES : % L A K E Lot 11, RES'T POINT PARK MINNETONKA o : denotet iron marker (9oe.3): denote3 existing spol ekvation, mean seo kvel datun VITEST ARM 9t0. tlenote3 proposed spot elevation, mean seo level dotum --917—-: danotes exisling contour line, mean seo kvel datum 9as . denotes proposed contour line, mean sea kvel dotum Bearings ehown ore boaed upon an assumed dotum. This eurvey shows ttro boundories ot the above described property, and the proposed baotion of o proposed house, two decks, drivewoy, ond sidewolk thereon. a It does not piuport to show ony other improvements or encroachments. � a c � rv ��.�..p��.... a . � � "�" °"" °6°"'°" G RONBERG AND ;,"',�;m��'�„'"Y�� ^�-� � �� ASSOCIATES, INC. �'° � �� a�..�i u.s�me oi�.woia y �"��m+�� CONSSJLTING ENGINEERS,LAND �� +es4.we+wm�•.� SURVEYORS,h SITE PLANNERS �/I y ,_ �. .avmrt�uno so[a�ar w uuim so.a wrs s15 NOi17N NLIOw ORIVE dL �r4y � LONG LAIQ.W.SS756 �� O�s� 'Y^�^^'�"m^•R��°Y0� i �bk Gaeer YKr�esoto Licmee MnAx N 07-080 ' .-u<r ievo�..c un��•¢r+n.n m wow p 3 � m x s c a ZONING FILE NO.07-3280 EXHIBIT B—+ RESOLUTION NO. � � � `� w: �; W w� � o; �� -0� � � - � � � � � � � ° � - � � � � r � " , i ii II - �i � �� II � � �� I 3I i �II � '.,' � � II II � � � � ZONING FILE NO.07-3280 EXHIBIT B-Z RESOLUTION NO. 5 6 = C'' If II I � ab W; 2 i �� =� 0 0 � � � � � � � wo �: j o i d� � �I � �� , � . ZONING FILE NO.07-3280 EXHIBIT C�—� RESOLUTION NO. 5 6 � e� � �DM PARK�/Z �� KEST �OINT I'�i91lIG a-'-O' LoT 41 HARDC�VER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) � 75' 75-250' 250-500' ' 500-1000' EXiSTING HARDCOVER IN ZONE A. House x = S.F. Lenpth Wldth X = S.F. X = S.F. B, Garage x —, S.F. C. Driveway x = S.F. X = S,F. D. Sidewalk x = S.F. X = S.F. E. Patio/Deck x = S.F. X = S.F. F. Landscape x = S.F. �. Underlain x = S.F. By Plastic x = S.F. BOv►.OFi� G. Retainin9 x = Z34 S.F. 'R6T,e�rtiN6i Walis �,yyL� H.Other x = S:F. TOTAL HARDCOVER IN ZONE - Z3� S.F. A TOTAL PROPERTY AREA IN ZONE - 50�D S.F, B A * B x 100 = 4�.6 2. % PROPOSED HARDCOVER IN ZONE A. House x = S.F. Lenpfh Width ' X = S.F. X = S.F. B. Gara9e x = S.F. C. Driveway x = S.F. X = S.F. D. Sidewalk x = S.F, X = S.F. E. Patio/Deck x = g,p, X = S.F. F. Landscape x = S.F. Underlain x = S.F. By Piastic x = S.F. G. Retaining x = lZ7 S.F.Wp y�p� W alls �E-�A(n.f H.Other x, = S.F. TOTAL HARDCOVER IN ZONE . - I Z7 S.F, A TOTAL PROPERTY AREA IN ZONE - 507a S.�. B A + B x 100 = Z�j % . ` ' b II ZONING FILE NO.07-3280 EXHIBIT C�L RESOLUTION rro. 5 6 � �? T� t��K�� B_�� A�T Po�N� P�� HARDCOVER CAL TION WORKSHEET LoT I I SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' ' 500-1000' EXISTING HARDCOVER IN Zd�NE A. House x = S.F. Lenpth Wldth X = S.F. X = S.F. B. Garage x = S.F. C. Driveway x = S.F. X = S.F. D. Sidewalk x , = S.F. X = S.F. E. Patio/Deck x = S.F. X = S.F. F. Landscape x = S.F. Underlain x = S.F. By Ptastic x = S.F. G. Retaining x = S.F. W alls H,Other x = S:F. TOTAL HARDCOVER IN ZONE • S.F. A TOTAL PROPERTY AREA IN ZONE - S.F. B A * B X 100 = % PROPOSED HARDCOVER IN Z(�NE A. House x = �$I Z S.F.-�� Lenplh Width ' x = S.F. x = �r� S.F.-�O�r� B. Garage x = S.F, C. Driveway x = �3�F S.F.-�pP�E� aawEws►. X = S.F. r D. Sidewalk x = �7 S F: PROPOSED 5�D,EWAI.IC X = S.F. E. Patio/Deck x = 11� S.F.-��Ep x = S.F. �SGI� F. Landscape x = S.F, Underiain x = S.F. By Piastic x = S.F. G, Retaining x = g F Walls H.Other x = S.F. TOTAL HARDCOVER IN ZONE - 2SB� S.F. A TOTAL PROPERTY AREA IN ZO�IE - 92SD S.F. B A + B x 100 = 7_7.47 0/ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on August 13, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 17th day of Au�, 2007. �, ., _ �� '� �/ ,/ °t ' �?��✓ ,�1. (/�-- ` � �y.;�'" City Clerk ,� (seal): - , :�t � P� s �;: r '�`-� y''...: n � rt � k � .. .if �' :�` ,z�' ,.i' �.r"� t- rr�. :,;,.:c' r;