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Home My WebLink AboutResolution 5289 O 411:3347 O , O CITY of ORONO RESOLUTION OF THE CITY COUNCIL kesvio NO. 52 8 TRANSFER ENTERED Gr HENNEPIN COUNTY TAXPAYER SERVICES A RESOLUTION GRANTING VARIANCES MAY 12 5 TO MUNICIPAL ZONING CODE SECTION 78-1279, 78-1288 ENTY MINN FILE NO. 05-3087 DEPUTY _. WHEREAS, Andrew Freese and Marcia Freese, husband and wife (hereinafter "the applicants") are the owners of the property located at 2914 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract K,Registered Land Survey No. 461, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 and 78-1288 to allow construction of a half story above the existing two story house with interior renovations which require a hardcover variance for the 0-75' zone to permit 1.7% hardcover when 3.7% currently exists and 0% is normally allowed, a hardcover variance for the 75'-250' zone to permit 29% hardcover when 31% currently exists and 25% is normally allowed and lastly an average lakeshore setback variance to permit construction of the half story over the existing footprint which encroaches into the required setback; where a hardcover variance for the 75'-250' zone of 27.34% and the requested average lakeshore setback variance were recommended for approval. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS .d; 1. This application was reviewed as Zoning File#05-3087 2. The property is located in the LR — IC, Zoning District which requires a minimum lot area of one-half acre and a minimum lot width of 100 feet. The applicants' property meets these requirements. Page 1 of 6 } O O 01 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL��o NO. 5 2 8 ,�� kES$0 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of variances based on the following findings: a. Resolution #2630, approved in 1989, permitted a hardcover level of 27.34% within the 75'-250' zone. b. The applicants have provided a plan that would comply with the 1989 approved hardcover level of 27.34% and therefore no increase in approved hardcover is proposed. c. The average lakeshore setback would not be encroached upon further than the existing house, nor will any views be further encroached upon or impacted. d. The applicants have agreed to meet a hardcover level of 0% within the 0-75' zone. 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 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 variance 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 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 Section 78-1279 and 78-1288 to allow Page 2 of 6 0 0 01 CITY of ORONO a - 0%► ti ti RESOLUTION OF THE CITY COUNCIL S04�G NO. 5289 kE �I construction of a half story above the existing two story house with interior renovations which require a hardcover variance for the 75'-250' zone of 27.34% and approval of an average lakeshore setback variance, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated 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 level of 0%. Hardcover in the 75'-250' zone shall be limited to 27.34% per the proposed plan and hardcover allowance summary as depicted on Exhibit A and revised at the Public Hearing. 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 on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover (except the driveway re-configuration) shall be completed by the first inspection for the proposed improvements. 5. The driveway re-configuration shall be completed prior to the final inspection for the proposed improvements. 6. 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 (February 28, 2006). 7. 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. 8. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, Page 3 of 6 0 0 01 CITY of ORONO GAV RESOLUTION OF THE CITY COUNCIL NO. 528 -1 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 28`x' day of February, 2005. ATTEST: � G Li da S. Vee, City Clerk Barbara A. Peterson,Mayor /64' �J" Property Owner(s) Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kES�I0 NO. " ' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this av day of ttiftilpa—l' 2005 byBarbara A. Peterson, Mayor of the City of Orono, a Minnesota corporation and said instrument was executed on behalf of the City. �} ?RSM S.ASO*! Notary Public tj N(C'V'ARYY PUKJC-WNNESC-7' °t �";L�,P n?yCWR71(�✓ {rag�gc. , STATE OF MINNESOTA COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me on this' day of f L- 2005 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. RA=DONOTARNotary Public "AY COmm Page 5 of 6 O O � CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kE580 NO. rJ 2 8 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �tday of 4Vrt C , 2005 by Andrew Freese, husband of Marcia Freese. t TNA TNotary Public 2008 .Sll..a Lj STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of jQ 2005 by Marcia Freese, wife of Andrew Freese. 1: AM Notary Public DENISE M. L.ESKINEN NOTARY PUBLIC M}NNESOTA My Commission Expires Jan.11 .20t 0 Page6of6 041507 20/117/23 FREESE,ANDY&MARCIA -• '4A5 1 1� • ° r AbPANCE SURVEYING & ENGINEERING CO. 5300 S.Hwy.No.101 Minnetonka,MN 53745 Phone(952)474 7964 Fax(952)474 9267 SURVEYFOR: ANDY & MARCIA FREESE APPROVED HARDCOVER. SURVEYED: December 10,2004 DRAFTED December lJ,2004 0-75'Zone REN— IVISED: Ja�nuary?5-2009oca gee`addition. `t13,287 s.£ @ 0% Hardcgver REVISED February 7,2005 to add average wftd-line. 1►' R�v E w LEGAL DESCRIPTION: S P . r Trxt K,Registered Land Survey No.461,+en+roin County,MMneseno. fE-0rtf:1CJuKPd'e T 75'-250'Zone - �V \ le-M—E.Z.lhetrnglh and direction or boundary lion of the abase .mom N E of - .� 12,335 s.f. @ 27.34% Hardcover legal description. The m err""V ^ scope ofoor services does nes include determining tvhm you own, 94x7 x,{1.3 �� — which is o legal mater. 94"3 Please cheek the legal description with your records or consult with x941. ////n��g��'�' rC competent legal counsel, KDO W K such a co e e make sure Ola is is correct,and that erly matters of record, , 9,4.1 A C PR t F you sus h sh-va c that 4kr 17 S 9KE J V You wish shown an the money,lave been shown L47 ,0 9we , a i f, 2.ShoiWngthe onumeion ofexiwrifimprave onu encs tonLrk the ono t� q� �., I �E-A-f- A-f 1 bJ 15, 7.Setting new monuments or verifying aW monuments ro murk the comes a6 Y (� J"'�1�,1 f V t�h � 244.4X-'- 4. y , C HIC SCALE 4.the ,{,,,X� 4.S lotW he and.,offing Mrd mover and aeon of the lot for your review x939 ant far the reWety of such govemmerxal agencies a may howjurisdiction over had mutt r �4'4e r requircmcou, R i ?. (10/"xr) 5.While we shmv proposed Improvements to your property,tte not j will 4t' gp es(!mill"with your plan a you arc orwon nor e a familiar with the requirements of m gOVCmeraal agencies es their �,- employeesare.We suggest that you review the survey ro confirm the,IM rte' 413 % '9417 proposals T what you —-- • PI'^ftl 994. intend and submit the survey to such governmental agencies as may have x943e jmladietion aver your to ga94s.s X,°4. % ,• '� �' '�Apgll fences ere project in their■ppmvah if you can ,,arm fa,' 'VY os47 fPp's!p 144. �e1 ? 34.9 gymSTANDARD SYMBOLS&CONVENTIONS: 's°a Q�y. ` ti9 r E '~ 9xi9X Denotes 1/2•ID pipe with plastic plug bearing State License Number l.9' ��' a x9313 3.56'27• ' 9235.set,unless oUXnWse rated. ��51dt wFry ^, 931 N--125.31-- 1 125.31'' I bueby°�'that tbh plan.Ra4BeaUeh raphe"m-v-y sues prepared by me err 944.s .r ' ' '\off 000,w 34.2 BSze Main my dheet supervision and that I no a licensed professional Engineer and r 5 9,x oxo 4.1 PWOMI ml Surveyor under mil laws of me Same Of MiooKota. ' rl'' { �S Y}1 P7�A 3X93"4 g3yg _ /r IL Park"P9.R P.S.No.9235 4 S 40.7... ! R r9a ML Nae e9�.sr 694 evha Mahe am.. %031.9 // X9329 .rte N �t�"1*r an 1=77�° X931." 7 C. am, X937.2 q 9 / X932 930.2 AN"'/ t I-AADINE-1 OUTSIDE PA'11 D D0095 6ftALL. 7 ,3x3�� 9xis 1%wCw 1>(5P 10 -TK / 2--1.5q0/0 RAI-DtovEP- CIR Dew. No. 041507 6E Peet ov aaD - 0% ttAf-DCOV E -e AtU VJ4FP AN 0-75' MtJ 411334'7 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FIELD ON MAY 1 2 2005 R AR 0 LES BY I f