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Home My WebLink About#5647-variances-2007o� \ \l H J/ RESOLUTMN OF THE CITY COUNCIL NO. 564% A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 AND 78-1288 FILE NO. 07-3281 WHEREAS, Louis B. Baldwin, a single person, (hereinafter "Owner") is the owner of the property located at 1350 Rest Point Circle within the City of Orono (hereinafter "City") and legally described as: Lot 12, 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 3.88 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed and to allow 28.33 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 #07-3281. 2. The property is located in the LR -113 zoning district, where 1 acre is the minimum lot 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 5 JF RESOLUTION OF THE CITY COUNCIL NO. 5647 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. A house had existed on the property since 1972. C. While the Owner does own the adjacent lot at 1348 Rest Point Circle, this property was purchased by the previous owner in October, 2006, to allow a coordinated redevelopment with the 1348 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 applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 5 °moo CITE' of OR000 RESOLUTION OF THE CITY COUNML NO. 5647 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 195 s.f. or 3.88 %. Hardcover in the 75-250' zone shall be limited to 2,588 s.f. or 28.33% 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 easterly five feet of the lot. 5. The Owner shall remove the decks, and sheds within the 0 to 75 foot zone. 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. The retaining walls on the 0 to 75 foot zone shall remain and fill shall be placed behind the walls as necessary to provide proper drainage. Invasive plant species on the bluff/steep slope shall be removed. Appropriate native plant material shall be planted on the slope where necessary for erosion control. The plan for this work shall be approved by the City Engineer and it shall be completed before the Certificate of Occupancy is issued. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 64 7 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. 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 title of the property. Adopted by the Orono City Council on this 13th day of August, 2007. ATTEST: Linda S. Vee, City Clerk je�s M. White, Mayor Louis B. Baldwin Page 4 of 5 °moo 9 I' SH0�`�G~ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 64 7 This instrument was acknowledged before me this cQ 7 day of , 2007 by Louis B. Baldwin, a single person. AEED'tary •'lic Page 5 of 5 m-081 CERTIFICATE OF SURVEY FOR THOMAS H. PARKER OF LOT 12, REST POINT PARK HENNEPIN COUNTY, MINNESOTA 5 64 7 ATbo , rpecress bell 6w. I 11I PROPOSED) VACANTI HOUSE F--,, /13481 NOTE SEE %IIOPo5E0 RAN ,.n..'"a FCR ceAanGlON lOT II W " /� 1 Its EXISTING HOUSE \ wmui. pill' �. --"s' / xi TSB LINE 5 was I Ln/xYf.i [QE I^�- M35� aEIX / PROPOSED ELEVATIONS�Q}✓ �! j 1) Garage = 9]{0 > w�v 3�'vj`N'.�SVRV2f a �iJ` i 2) Top of foundation = 913 ,pr 4' / 1 7.9 d8` —LINE, ti9 3) First floor 8 AO / / . Ai _I/„a" 4) Basement 96{0 / /,/ 5) Sport Court 8510 ...qua % / %/ / / Ai —✓ i� --.838.4 CONTOUR LK LEGAL DESCRIPTION OF PREMISES'. :_' LAKE Lot 11, REST POINT PARK o denotes iron marker MINNETONKA (9083): denotes existing spot elevation, mean sea level datum WEST ARM 9108: denotes proposed spot elevation, mean sea level datum - —9n— -. denotes existing contour line, mean sea level datum ---Lr—: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed dotam. This survey shows the boundaries of the above described property, and the proposed location al a preacted house, two decks, driveway, and sidewalk thereon. It does not purport to show any other improvements or encroachments. o. c At CY O on GRONBERG AND ''-'ter° °'r ,sexxxxxv, or°°.;Im p..n� ..a.�o^, �a 1 3 ASSOCIATES INC. '°e°""' 4vs o IM slate I Mlm..ele S SURVEYTING ENGINEERS. LAND '^ SURVEYORS At SITE PLANNERS �� F L 953 �]}{ .51]56 Mxk 5. arpper9 LL'emae�T_' R O 3 soM x c Y 6r>, ZONING FILE NO. 07-3281 EXHIBIT B-' RESOLUTION NO. 5 ZONING FILE NO. 07-3281 EXHIBIT B-'` RESOLUTION NO. 5 r XI I 31 I II 5 6 /17 ZONING FILE NO. 07-3281 EXHIBIT C - I RESOLUTION NO. TM Puevzfz RaIT POINT P614 e-7-07 Lar I Z HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) -75' 75.250' 250.500" 500.1000' EXISTING HARDCOVER IN ZONE A. House x = 72 S.F. TREE 44005E Length Width - x = S.F. = 6a S.F.-SHED x S. Garage x -. S.F. C. Driveway x - = S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = 3016 S.F.-DECK E STARE x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Retaining x waaD = 1 q 5 S.F. - RLi Al IOJCT Walls V/A LL5 H. Other x = S.F. TOTAL HARDCOVER IN ZONE633 — S.F. A - TOTAL PROPERTY AREA IN ZONE - - 503. S.F. S A + B x 100 = 12 S$ % PROPOSED HARDCOVER IN ZONE A. House - x = S.F. Length width 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. G, Retaining x WOOD R Er. _ QS S.F.-WALLS TO Walls REMA/oJ H. Other x = S.F. - TOTAL HARDCOVER IN ZONE - 14S S.F, A TOTAL PROPERTY AREA IN ZONE - S.F. B A i B x100 3. $ % C ZONING FILE NO. 073281 EXHIBIT C r z RESOLUTION NO. 5 G t OM VAAe_E2KE5T HO N T F*IMC 6-7-07 Lvr IZ HARDCOVER CALM WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0.75' 75.25 ' 2513-500' 500.1000' EXISTING HARDCOVER IN ZONE A. House x = S.F, Length widthS.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A x = S.F. S.F. A S.F. S B x 100 = % x 151Z. S.F.- KO P05FD Width x = S.F. x = 4-T S.F.- PORChF x = S.F. x = 539 S.F. nR�PDS x = S.F. Y x = 77 S.F.-PAORF5ED x = S.F. 51 DEWALIL x = IIS S.F.-PROPO55D x = S.F. DECK x S.F. x = S.F. x = S.F. x = S.F. x = S.F. 258,9 S.F. A CM9" S.F. B + B x 100 = 28.33 _%