Loading...
HomeMy WebLinkAboutResolution 6305 7 Doc No T05127830 Certified, filed and/or recorded on Oct 25, 2013 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1047053M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1362375 This cover sheet is now a permanent part of the recorded document. O O O CITY of ORONO : - RESOLUTION OFJH3E®I�COUNCIL NO. �kESH0 13� a3 7 A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279(6) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3604 WHEREAS, Neil Goodwin and Barbara Goodwin, a married couple (hereinafter "the Applicant") are the owners of the property located at 2975 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as: attached on Exhibit A (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new home ahead of the average lakeshore setback; and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading for construction of new retaining walls and stair system in conjunction with removal of the existing retaining walls and stairs within the 75-foot setback on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission and City Council on June 17, and July 8, 2013 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 number 13-3604. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. Page 1 of 5 O O CITY of ORONO .. �AV RESOLUTION OF THS $11y COUNCIL G NO. ��kESH6 3. The Planning Commission reviewed this application at a public hearing held on June 17, 2013 and voted 5 for and 0 against on a motion to approve the CUP and the average lakeshore setback variance; the City Council reviewed the application at the July 8, 2013 public hearing and finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 21,003 square feet in area and has a defined width of 80-feet at the lake and 80-feet at the 75-foot setback. b. The home on the Property has existed since the early 1950s. c. The adjacent home locations combined with the curve of Casco Point Road results in the Property having a shallower depth than the adjacent properties resulting in a smaller legal buildable envelope. d. A 60' x 120' tennis court is situated on the non-lakeshore property directly to the south, between the Applicant's property and the home at 2987 Casco Point Road interfering with the view of the lake from the Applicant's property. e. The adjacent home at 2987 Casco Point Road is located approximately 140 feet from the Applicant's proposed home and approximately 140 feet from the lake. Due to this separation, views of the lake from the home on this property will not be adversely impacted by the encroachment of the Applicant's proposed home. f. The Applicant's proposed home is designed in a way which improves the views of the lake from the home at 2967 Casco Point Road when compared to the existing home. g. Both adjacent neighbors have expressed support for the application regarding the average lakeshore setback variance as requested. h. The Property will conform to the hardcover limitations of Tier 1. i. The Applicant's proposed home will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. j. The Applicant's proposed home location will not adversely impact views of the lake currently enjoyed by the adjacent properties; future views will be improved with the new home for the northern neighbor. Page 2 of 5 O , O CITY of ORONO RESOLUTION OF IMM 5IY COUNCIL G NO. SH0 k. The Applicant's request is in harmony with the purpose and intent of the ordinance. I. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. m. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. The resulting grade will be more gradual than existing and similar to the other properties in the neighborhood. n. The applicant has provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake in a natural manner. 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 variance and CUP 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 and CUP 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 Applicant, but is necessary to alleviate a practical difficulty; is necessary to presence a substantial property right of the Applicant; 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 a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new home ahead of the average lakeshore setback; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading for construction of new retaining walls and stair system in conjunction with removal of the existing retaining walls and stairs within the 75-foot setback on the Property; subject to the following conditions: 1. Council approval is based on the survey, landscape plans and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B, C, Page 3 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 30 5 SH0 and D. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. 3. The landscape plan for the area within the 0 to 75-foot setback zone includes a randomly placed flagstone landing and firepit. The required pervious areas within the flagstone landing shall consist of mulch, vegetation or other soft pervious material; gravel or other compacted granular materials may not be used. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the home and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (July 22, 2014). 5. 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. 6. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, 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 the 22"0 day of July, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 4 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti G~ NO. 6305 ��kESH0 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2 day of D 2013, by Neil Goodwin, husband of Barbara Goodwin. qu BARBARA G. SILUS NOTARY PUBLIC-MINNESOTA My Commission Expires Jan,31,2O Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2- day of QC.&,b44.,e2013, by, Barbara Goodwin, wife of Neil Goodwin. BARBARA G. SILUS Notary Public NOTARY PUBLIC-MINNESOTA My;;ommission"Expires Jan 31.2018 Page 5 of 5 Resolution Exhibit A 605 LEGAL DESCRIPTION OF PRISE ; (Per Certificate of Title No. 1352861) Lot 89, Spring Park, and Lot 90, except that part lying Notrt and Westerly of a line commencing at the shore line of Lake Minnetonka at a point 80 feet North of the most Southerly line of Lot 89 measured at right angles from said line; thence continuing in a Northeasterly direction parallel with the South line of said Lot 89 to a point in the Westerly line of the roadway which was known as Lake Shore Avenue, which roadway was vacated by Order of District Court of Hennepin County, Minnesota on December 9, 1931; hence continuing in a Northeasterly direction 147 feet to a point which is 75 feet North of the most Southerly line of Lot 89, measured at right angles thereto; thence continuing in a Northeasterly direction parallel with the Southerly line of said Lot 89 to the West line of the New Highway which has replaced the highway formerly known as Central Avenue. That part of Lake Shore Avenue (vacated) and the land of said plat lying Westerly of said Lake Shore Avenue embraced between the extensions Southwesterly of the Northwesterly and Southeasterly lines of the premises hereinbefore described, to the shore of Lake Minnetonka. All in Spring Park. ALSO (From Doc. No. 1249299, shown as a memorial on Cert. No. 1352861) That part of Central Avenue, according to the recorded plat of Spring Park, Lake Minnetonka, lying Northerly of the Southeasterly line of Lot 89, said Spring Park, and'its Northeasterly extension, lying Southerly of a line drawn parallel with and 75 feet Northwesterly, measured at right angles, from said Southeasterly line of Lot 89 and its Northeasterly extension, and lying westerly of a line drawn parallel with and 30 feet Westerly, measured at right angles, from the following described line: Commencing at the most Westerly corner of Lot 103, said Spring Park, Lake Minnetonka; thence on an assumed bearing of North 47 degrees 14 minutes 30 seconds East along the Northwesterly line of said Lot 103 a distance of 95.74 feet to the point of beginning of the line being described, said point being a point in a non-tangential curve concave to the West having a radius of 445 feet, a tangent of said curve through said point of beginning bearing North 15 degrees, 56 minutes, 30 seconds West; thence Southeasterly along said curve through a central angle of 6 degrees, 53 minutes, 30 seconds an arc distance of 53.52 feet; thence South 9 degrees 03 minutes East tangent to said curve a distance of 200 feet; thence along a tangential curve to the left having a radius of 280 feet and central angle of 327 degrees 40 minutes a distance of 184.07 feet, and there ending. \\ C5 CERTIFICATE OF SURVEY FOR BARBARA GOODWIN IN LOTS 89 AND 90, SPRING PARK, 1 \ \` \\ �'a � AND IN VACATED LAKE SHORE AVENUE a 5 \ \ PPL \ N o HENNEPIN COT, MINNESOTA \ o / ,� .a•.Pa.raw //gas \\ \ fait \ \ 4 W ig 0 20 40 80 ! ! I �pP (DD) eoow Z /30 _4 SCALE IN FEET �"k i I is • \ LME A9 DESCRIBED IN DOC.NO.1249299 WEST LINE OF CENTRAL AVENUE ® p *14%14' "Iteou.0 \ �\ A9 SHOWN ON R.L.S.NO.461 a� GO) pO (M) CEDAR g \ \ �\ �+ / \\�N �� pp n'+. \tea C GPR \ \ W g .�� a� DETAIL SI4 T FEN PROPOSED HOUSE e) &\ \ '(x p \ 1 e�=1 O' / #2975 u \ \\ \\ \ \ \ (P) (AA) \ o\ LEGAL DESCRIPTION OF PR ISE:(per Cedeicen a Trio No.1362051) \ I Lot 00.9pdrq Perk,eM (V)Leh I \ Lot 00,w¢apt tlurl ped yln0 No and WHWIY a a Ithe cprertwhldng el tlhe More One a Lake \ \ Mlneetonlur N■pobht e0loa NaM a tiro nwst SolMsdy Nna a la 09 nhsowr.d el right rips■from sone t I \ leis;Menee centlnulrtg M a Nadhosot•M tM•otbn P.W with the Sant Ilse a sent La 69 to a point M lira \\\\\ 1_ \ + J•/ 1`(�1 f \ We•uAy line a M•roedwa ronin we.kllawn.e I.ehe snag Avenw.rhkn medwey was wlceted by f ora.a obma court a H=pIh C. o`V Mimvmom on D.amBer 0.1931;h— Ord. Y1 a fe[6 Northeasterly direction 141 fast to a paint which is 70 tea Nath of the most Southeny to.of Lot a8, 3 \ ` / - \\` .,'•:ir \ 9 I < , \ \. measured at right angles thereto;thence contnuing In a Natlleestedy dhectlon pardel with the Soud" Ikw of sold Lot 89 to IM Wed an•of the Naw Hial onor which has replecad the Mulishly famedy known as e g Central Avenue. Averam embraced between the eThat part of Lek*Share Aven.llen Ione Soouthwestedy a tid the land n Nt Cne•bdy a�d SoutlheeeMly h1m•a I j \ the promises Aeralnbelon described,to the More of Lake MMrle onim. B jf ALSO(rq h Doc Na.1249250,shown as■memorW on Carl No.1392861) ?133 That pad a Csnba Avasas,eaording b nceMed pest of Spdrlp Perk Lake Mlnnstorrla.lying Nwe0ty ;, i a tiro SL. hwry line a lot 69,sad Sprbha Perk ane.ro NaMeastedy exbnslan,lying 3outlrady of a arm i i drawn poen wlth ant 75 fast Nort hweete lye meswred at right enala�han said SouMesolorly line a La III E / a9 Nd as NoMsast. edeMlon.end IYlrq weelodY a■IMa drawn -tial wed she 30 fast WesWty, [ `\ \ i / / maswred sl right Iuhpas,Dom Ms IollowMg tlescdbsd IMe:Carrlmandrhp■t tlur most WptMYY owner a La _ �! J \\ \ \ / 103,sone Spdng Park Leka Minnelanks;thence on an assumed bearing a Nath 47 dprsas 14 minwa 30 seconds East slap Me Nodhweslody fns a sold La 103 a Olatence a 05.74 Mt m the pond a beginning .19.Ilne blip coalbed,sale point bash.•Point ot•non-W9erda wive caro.•b Ma Wool having redll»a 145loe1 a trpenl a add wrw thrauah sone point a MBInnMp Ihsaring Nath 15 degrees.6e PROPOSED ELEVATIONS(PEA ARCHITECT) mlwlo•,m asaBda y1bsC thence Southeulody sloop asld stow through•postal erhpe a d apron,e3 �� \ \ \ ( , / ✓✓ 1 GARAGE .Moto,30 seceeds an rc dblarhu a 63.62 feet;Manu Sant 0 degrees 07 mkhdes East WpsM b sad \~Y 1 ) -&ea Q,rva a diWnu of 2D0 ha;Manu along a tangeMW wive to do left having•radius of 280 lost and A.2 \\\ / •390-0 centra angle a degrees a 327 rees 40 minutes a distance 164.07 fest,and Men ending. 2)MAIN FLOOR pity sn Property. /1/ '\ \ \\\ \ \ \ I /✓ 3)LOWER LEVEL •842.3 This eurvq show■tlhe beuMeas,lopopre d NpNIkaM Vas butler polio and ret a described -�/ \ \ \ \ \ and era proposed bcetian a e praposad hwso,driveway,ports,(emu.W p wens. \\ \\ \ \\ \\ \ \ 1 11 ✓ \ �'m It tinea not purport to show any other improvements or encroachment.. inn morkr Found ® �'� '` \ \\ \ •, h O i Foisting rcrhbw Ilna \\\ � �•\✓ \ 11�y -�:Proposed wnloa me = :Ed•tno•pot aavatlan Z Besrtrhgs shown era Weed upm an resumed aslum \ Q1 NOTE:Additional property added from part or Casw Pant Road oW to the"New Highway' / la eswmad to be that shown per Doe No.1249299 above. Z E,qa a.� X ` c to 00 0 \ \\ E GEOFLACrROP. ---�— — so.00 a=te+ Resolution \ \ •\\ a\ _ Exhibit B Z, cn qg / ( \ ` / I I I r.A \ z.00 1 u1 a W ........... / C)C)' C/) I ' 1 1 \ PAS\O 2 `op.... I 11 I \ 1PROP D y , 1 G) N �•,I ZI r co CO EXISTING rrousEH— _ CD -- 1 AVERAG BUILDING SETBACK LINE EXI SED- 7 T� -- / // , mor 1 / •5•'• ----------- J / 5 — 7yFT.SETBACK LINE— — — — � — T / — — / b�6. 0 4000 —ssco CONCRETE co"CRE FtRpP 4 CONTOUR LINE DECK 929 EXISTING Sr pET ASL WI 0V r ice? O t N x d W HV 1,4 1xJ l ):. (1 NV l '. 1Vf11IWI 1 a"A1l C�\00 a fig" N�11,1111111 111411�Z:,11) � ^\V VWIVSN3r Mi o`.Nlw(t) t' 4 .•` ,,•, o,lnw a,+vMa f u V-7NIdS JV-31 JSV(7) ii5 `ap '000 I 5 • A4 ,.� N 4 Ii! V4nVSN3NNVJ- �� � _ o9flw(E) __ b�dlNl SaJnu li_I �. lM—s .m Nr. rr.e• m n- -. i �fX7d Trio n mrj Tfimf7 wio_ - -m[7 Ids dVAl 14cW lL; SItlINNaYad _ ©❑ ,m • .... � ...e. K n 5 �..1 ) INn'NJa?I:"7 V4~f.!-1 ©v p❑ ,gin q — .�,w n R Y'Jt ..[] m -__ p .m a p rbx a .r.. .:w .w.fo.aro c.w .c "•� 44 sarreus snonal�aa �. � ..•~' .� },•.. � �. NMVI �t wrnws snodanNo� ,.�. O � �,.n p r� a ..�....• .......,..,om, V �{ .t1 IN(If S;u°xll�;(;i 1 SaaMl 6r10NdJ;NIYJ - `,� s. YS L fArtlf ai9 f(MO) axK JMINXJG aWVN xpwq� .Vf.rb trN,r.� roo. ,.rola 4vj,0", E I OZ 3Nflf E 3if143N�S 1Nb'ldf c� '�1�1-)lIGi.17Ni)I I l l,-Li 1C4,t-71 13S NOI1V:)Ildd`v' auk sadeospuel equolmlyf ayes 3DNVRIVn SJN112lO e 9 4 ell ad w , 37N3aIS3d f. ,,.. f IN IOd \ t ` .-. MVBN3NNV1 0%"(E) _ I Ods v D CASCO POINT - - _. -1-----•- - `�- T HIGESi POINT OF ROOF RESIDENCE I I VARIANCE APPLICATION I -__� -- ----I---_--_0 MIDPOINTOFROOF SET I 3 JUNE 2C HIGHEST WINDOW i 10'-0'ABOVE LOWEST FLOOR I -- --�. LOWEST FLOOR(9420) BUILDING HEIGHT CALCULATION 11601.014 079, YAM APPROX.SCALE = 1/8"=1'-0" ;» v K N 3 E- 00 0o CASCO POINT l ._ C3 RESIDENCE . I _ VARIANCE i• APPLICATION SET 3 JUNE 20 PROPOSED,REST ENC tt 711,11 ._) `t FINISHED SQUARE 1 OOTAGES, MAIN LEVEL PLAN MAIN LEVEL 1, 0 UPPER LEVEL 2,11110 LOWER LEVEL 1,560 n SUBTOTAL 5,540 APPROX. SCALE = 1/8 =1 -0n STORAGE 1,054 Co GSt CASCO' POINT RESIDENCE VARIANCE APPLICATION SET 3 JUNE 20 PROPOSED RESbENC _ i t _ UPPER LEVEL PLAN APPROX. SCALE = 1/8"=1'-0" CASCO POINT- RESIDENCE VARIANCE APPLICATION i SET 3 JUNE 21 PROPOSED RESIDENCE I Aft II LOWER LEVEL PLAN APPROX.SCALE = 1/B"=1'-0" {�f 4�c,n 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 July 22, 2013, 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 day of Q�(���[ �+L , 2013. City Clerk Y is F v 3q ' r ,m "