HomeMy WebLinkAboutResolution 6120 a SZ�7 Pd ink )?Load
Doc No T4947019
Certified, filed and/or recorded on
4/17/12 12:00 PM
Office of the Registrar,,ofTitles
Hennepin County�. lnnesota
Rachel Smith, ActinaAegistrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 21 afir Pkg ID 795304M
Doc Name: Resolution
Document I cording Fee $46.00
Document Total $46.00
Existing Certs New Certs
796239
This cover sheet is now a permanent part of the recorded document.
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6112 ®
SAOg�
A RESOLUTION GRANTING A 75' —250' HARDCOVER ZONE
VARIANCE FOR A PROPOSED ADDITION AND AN AVERAGE
LAKESHORE SETBACK VARIANCE ON THE PROPERY LOCATED
AT 2807 CASCO POINT ROAD
FILE NO. 12-3545
WHEREAS, John M. Bailey and Patty L. Bailey, a married couple (hereinafter
the "Applicants") have an interest in the property generally located at 2807 Casco Point Road
within the City of Orono (hereinafter the"City") which is legally described as follows:
LEGAL DESCRIPTION OF PREMISES:
Lots 123 and 124,
That part of Lake Shore Avenue,vacated,lying between the extensions across it
of the Southeasterly line of Lot 123 and the Northwesterly line of Lot 123;
That part of Lake Shore Avenue,vacated,lying between the extensions across it
of the Southeasterly line of Lot 124 and line extending from the most Westerly
comer of Lot 124 to the most Northerly comer of the tract of land across from Lot
124 on the opposite side of Lake Shore Avenue as designated and defined in the
instrument of dedication on the plat of Spring Park
Thattract of land across from Lot 123 on the opposite side of Lake Shore
Avenue as designated and defined in the instrument of dedication on the plat of
Spring Park;
That tract of land across from Lot 124 on the opposite side of Lake Shore
Avenue as designated and defined in the instrument of dedication on the plat of
Spring Park;
That part of Lot 126 described as beginning at the Northeast comer thereof,
thence Westerly along the Northerly line'thereof 20 feet,thence Southerly
parallel to-the Easterly line of Lot 126 a distance of 3B feet,thence Easteriyto a
point on the Easterly line of Lot 126,distant 38 feet Southeriyalong the Easterly
line of Lot 126 from the Northeast comer of Lot 126,thence Northerlyalong.the
Easterly line of Lot 126 to the point of beginning;
Spring Park
(hereinafter the "Property"); and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to permit 27.12% hardcover in the 75' - 250' hardcover zone where 28.16% currently exists
and 25% is normally allowed; and
WHEREAS,the Applicants have also made application to the City of Orono for a
variance to permit construction of a proposed addition four (4) feet in front of the straight line
connecting the most lakeward protrusions of the residence buildings on the immediately adjacent
Lakeshore lots.
Page 1 of 5
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. { 1 ?.n
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
.l. This application was reviewed as Zoning File 12-3545.
2. The Property is located in the One Family Lakeshore Residential District (LR-1C) and is
included within the shoreland overlay district which regulates hardcover based on
distance from the OWHL of Lake Minnetonka.
3. The Applicants are proposing to expand the existing home on the Property to increase
livable space, while simultaneously removing existing structure and. hardcover such that
the net result will be a 1.04% reduction(171 square feet) in overall hardcover.
4. In addition to the proposed 1.04% reduction in hardcover, the Applicants will be
removing 365 square feet of illegal plastic under landscaping as a component of the
proposed project.
5. The existing home is currently twelve (12) feet beyond the average lakeshore setback line
(the straight line connecting the most lakeward protrusions of the residence buildings on
the immediately adjacent lakeshore lots).
6. The proposed addition will be four(4) feet beyond the average lakeshore setback line.
7. The Property is located at a point where the peninsula curves which results in the
neighboring home's prominent lakeside view being oriented away from the subject home
and the proposed addition location.
S. The Planning Commission reviewed this application at a public hearing held on February
21, 2012 and unanimously recommended approval of the requested variances based on
the following findings:
a. The proposed addition will not impact light and air from reaching adjacent properties,
and results in a home that is still conforming to structural coverage maximums.
b. The proposed addition will not block prominent lake views from the lakesides of the
neighboring homes.
Page 2of5
O
O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
.� G~ NO. 6 1 2 Q
S140
c. Proposed improvements will result in a net hardcover reduction of 171 square feet
(536 square feet including elimination of illegal hardcover), which will improve
stormwater quality on the Property fulfilling a main goal in the comprehensive plan.
d. The proposed addition location and size is reasonable as it will be conforming to mass
and side yard setback requirements, and will not block a prominent lake view
currently enjoyed by the neighboring home.
e. The location of this home and the neighboring homes are unique due to their
positioning on a curve within the peninsula.
f. The proposed addition will not alter the essential character of the locality.
g. The Applicants are not proposing to construct the proposed addition solely for
economic considerations.
h. The location of homes in relation to the curve on the peninsula is a unique
circumstance which differentiates the Property from others within the City of Orono.
i. Approval of the variance is necessary for the preservation and enjoyment of the
Applicants' right to use the Property for a single-family dwelling conforming to
allowable size requirements within a location conforming to the intent of code.
j. Allowing the proposed addition will not impair the health, safety or morals of the
community.
k. Granting of the variances is necessary to alleviate a demonstrable difficulty (e.g.
conforming expansion of the home).
9. The City Council has considered this application including the findings and
recommendations 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.
10. The City Council finds that the Applicants' requests 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 the above findings, the Orono City Council hereby grants the requested
variance to Orono Code Section 78-1288(a)(1) to construct an addition onto the existing home on
the Property with 4,459 square feet or 27.12% hardcover in the 75' to 250' zone when 25%
Page 3 of 5
O O CITY of ORONO
a., RESOLUTION OF THE CITY COUNCIL
NO. 6120
t�kEsi to
hardcover is allowed; and also grants the requested variance to Orono Code Section 78-1279(6)
to permit construction of a proposed addition four(4) feet in front of the straight line connecting
the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore
lots; subject to the conditions listed below.
1. Council approval is based on the plan submitted by the Applicants dated January 10, 2012,
attached to this Resolution as Exhibit A. Any amendments to the plan which are not in
conformity with City codes will require further Planning Commission and City Council
review.
2. Hardcover in the 75' to 250' zone shall be limited to 4,459 square feet or 27.12% per the
proposed survey/site plan as depicted on Exhibit A. The 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. The Applicants shall obtain all necessary permits and approvals from the City and other
applicable entities with jurisdiction prior to any construction.
4. Construction shall follow the survey and plans as submitted or as required to be updated by
the City Engineer.
5. The proposed grading along the new addition shall be shown on the plans submitted with the
building permit application, and existing drainage patterns shall be maintained except as
authorized by the City Engineer.
6. Because this project will disturb more than 100 cubic yards of material, a Storm Water
Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79
of the City Code. The minimum $2,000 sediment and erosion control financial security shall
also be required of the owner for this permit.
7. The Applicants will be required to obtain a Minnehaha Creek Watershed District permit for
erosion control. A copy of the permit shall be submitted to the City after MCWD approval.
8. The City Engineer shall have the option to inspect the Property at the Applicants' expense
during the construction process to ensure on-going compliance with all engineering
requirements.
9. The variance shall expire one year from the date of resolution.
Page 4 of 5
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 1 2,0
SH
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, 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 12'h day of March, 2012.
. inch S. dee;City Clerk Lili Tod McMillan, Mayor
Pro erty Owner Property Owner
STATE OF A
This inst was acknowledged before me this day of� �t/�/� , 2012, by John
1%4. IN%&usb of Patty L. Bailey.
PMOL :=a
FD�'�at
Notary Public
��YRJ2D
STATE OF A
COUNTY OFiiF-4 t.;EPPT_
This instrument was acknowledged before me this5�0 day of J14" , 2012, by Patty
L. Bailey, wife of John M. Bailey.
Notary Public
OF Page 5 of:5
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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 March 12, 2012, 2012, 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 19`x' day of March , 2012.
�•wCa s 11 �!
. � = City Clerk
(seal)
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