HomeMy WebLinkAboutResolution 6148 Doc No A09910855
Certified, filed and/or recorded on
1/28/13 4:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Rachel Smith, Acting County Recorder
Mark V. Chapin, County Auditor and Treasurer
Deputy 1 Pkg ID 927793M
Doc Name: Variance
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
O O CITY of ORONO
.-1 'f A► RESOLUTION OF THE CITY COUNCIL
NO. 6 14 8
�`�kEsH0
A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 78-350 & 78-1288
FILE NO. 12-3554
WHEREAS, Douglas M. Englund and Ann Englund, a married couple
(hereinafter "the Applicants") are the owners of the property located at 3884 Cherry Avenue
within the City of Orono (hereinafter the "City") and legally described as:
Exhibit A attached(hereinafter the "Property"); and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new
residence to replace the existing residence on an existing lot 14,799 square feet (0.34 acre) in
area and 52' in width at the OHWL & 59' in width at the 75-foot setback where 21,780 square
feet (0.5 acre) in area and 100-feet in width are normally required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1288 to allow 2.62% hardcover to remain
in the 0-75' zone where no hardcover is normally allowed, and 35.4% hardcover within the 75'-
250' zone where 25% is normally allowed in conjunction with the construction of a new home;
and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held
a public hearing on May 21, 2012 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 12-3554.
Page 1 of 5
O O CITY of ORONO
+-� A+ RESOLUTION OF THE CITY COUNCIL
�� 0 NO. 6 14 8
� L SH )
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 acres and a minimum lot width
of 100'.
3. The Planning Commission reviewed this application at a public hearing held on
May 21, 2012 and recommended approval of variances based on the following
findings:
a. The Property contains 14,799 square feet (0.34 acre) in area and has 52 feet in
width at the OHWL and 59 feet in width at the 75-foot lake setback.
b. Sanitary sewer is available.
c. There is no additional land available to bring the lot area or width into
conformity.
d. The Applicants' proposal results in an overall total reduction in hardcover on
the property from the current level in the 75-250' zone of 4,204 s.f. (39.65%)
down to 3,751 s.f. (35.4%).
e. The Applicants' proposed plan includes a 2-stall attached garage with
associated driveway, and retention of the existing 2-stall detached garage with
storage space above, located 3.9 feet from the side lot line. This detached
garage is a legally nonconforming structure and is in good condition.
f. The Applicants have agreed to provide mitigative measures for the hardcover
excesses including a rain garden and maintenance of a lakeshore buffer.
g. The Applicants' proposed grading and hardcover mitigation plan will reduce
or eliminate runoff from the Property discharging to the adjoining lower
elevation developed property to the immediate west.
h. The Applicants' request will alleviate a practical difficulty inherent to the
Property and not created by the Applicants.
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.
Page 2 of 5
O O CITY of ORONO
�► RESOLUTION OF THE CITY COUNCIL
NO. 6 14 8
�kESH0
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 Applicants, but are necessary to alleviate a practical difficulty;
are 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 a
variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new
residence to replace the existing residence on an existing lot 14,799 square feet (0.34 acre) in
area and 52' in width at the OHWL & 59' in width at the 75-foot setback where 21,780 square
feet (0.5 acre) in area and 100-feet in width are normally required; and a variance to Orono
Municipal Zoning Code Section 78-1288 to allow 2.62% hardcover to remain in the 0-75' zone
where no hardcover is normally allowed, and to allow 35.4% hardcover within the 75'-250' zone
where 25% is normally allowed in conjunction with the construction of a new home, subject to
the following conditions:
1. Council approval is based on the survey/site plan and preliminary building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits B and C. Any amendments to the plans which are not in conformity with City
codes will require further Planning Commission and City Council review.
2. Hardcover shall not increase above the approved levels as follows: 110 s.f. (2.62%)
hardcover within the 0-75' zone; and 3,751 square feet (35.4%) of hardcover within the
75' to 250' zone.
3. The existing detached garage to be retained on the property must have its facades updated
to match the architectural styling of the proposed house, prior to issuance of a Certificate
of Occupancy for the house.
4. In order to mitigate for the approved hardcover excesses, Applicants shall implement
hardcover mitigation measures including installation of a rain garden and maintenance of
a lakeshore buffer within 15 feet of the shoreline, subject to submittal of rain garden
Page 3 of 5
O a= O CITY of ORONO
=' �+ RESOLUTION OF THE CITY COUNCIL
NO. 6 1 4 8
�kESH04�'
plans by Applicants and approval by the City Engineer prior to issuance of building
permit, such rain garden to be in place prior to issuance of the Certificate of Occupancy.
5. The final building plans submitted for building permit approval shall meet the 2,220 s.f.
(15%) lot coverage by structures limit.
6. Approval is subject to all recommendations of the City Consulting Engineer in his letter
dated May 17, 2012 which was included in the staff report dated May 18, 2012.
7. 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 and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (June 25, 2013).
8. 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.
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 25th day of June, 2012.
r
ATIT
UnAa S V6e,City Clerk Lili Tod McMillan, Mayor
1Gv�.
InEuQL4
Property O er(s)
Page 4 of 5
O O CITY of ORONO
D+ RESOLUTION OF THE CITY COUNCIL
NO. 6 14 8
�kEsH0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day o , 201 , by
Douglas M. Englund, husband of Ann Englund.
MONICAA. FADNESS
< NOTARY PUBLIC-MINNESOTA
'
M'commissionNotary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of -U , 20R, by
Ann Englund, wife of Douglas M. Englund.
MONICAA.FADNESS
244
NOTARY PUBLIC-MINNESOTA
�.. My Commission Expires Jan.31,2017
Notary Public
Page 5 of 5
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 June 25, 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 26th day of June , 2012.
e) City Clerk
� (seal)
a � �an
EXHIBIT A 6 14 8
RESOLUTION NO.
Legal Description
The following property in Hennepin County, Minnesota:
Lot 16, Block 3, Crystal Bay View, and the easterly 1/4 of Lot 17, Block 3,
Crystal Bay View. The line dividing the westerly 3/4 from the easterly 1 /4
of said Lot 17 is hereby defined to be a line drawn from a point on the
southerly line of said Lot 17 distant 15.00 feet westerly, measured along said
southerly line, from the southeasterly corner of said Lot 17 to a point on the
traverse line, as said line is hereinafter defined, 10 feet westerly, measured
along said traverse line, from the East line of said Lot. As used herein the
term "traverse line" is hereby defined as a line running from a point on the
East line of said Lot distant 226.7 feet northerly of the southeast corner of said
Lot to a point on the West line of said Lot distant 223.3 feet northerly of the
Southwest corner of said Lot, Also, that part of the westerly 3/4 of Lot 17,
Block 3, Crystal Bay View, lying southeasterly of the following described
line: Beginning at a point on the easterly line of said westerly 3/4 of Lot 17
distant 68.45 feet northerly from the southeasterly corner of said westerly 3/4
of Lot 17; thence southwesterly to a point on the southerly line of said Lot 17
distant 11 feet northwesterly, measured along said southerly line, from said
southeasterly corner of the westerly 3/4 of Lot 17, and there ending. The line
dividing the westerly 3/4 from the easterly 1 /4 of said Lot 17 is hereby
defined to be a line drawn from a point on the southerly line of said Lot 17
distant 15.00 feet westerly, measured along said southerly line, from the
southeasterly corner of said Lot 17 to a point on the traverse line, as said line
is hereinafter defined, 10 feet westerly, measured along said traverse line,
from the East line of said Lot.
Also known as Hennepin County PINS # 08-117-23 33 0084
Kesoiution
CERTIFICATE OF SURVEY FOR Exhibit B
DOUGLAS M. & ANN ENGLUND
OF LOT 16, & PART OF LOT 17, BLOCK 3, CRYSTAL BAY VIEW
HENNEPIN COUNTY, MINNESOTA 6 1 48
LAKE
MINNETONKA
NORTH ARM � „>>
"TTRAAVERSE" ,p00
-( s ga ++o�
1''„ypt�" L
..929.4 CONTOUR LINE
-----4------ / 'NE -� / �y 0 5
620 9.......... --- iz�A' —20 0 20 40 60
HOUSE G/ ��
/ F --7TF
83898/
'? / / PR osEoI ' // --_ SCALE IN FEET
l7 C14
FENCE\ •. O � —
Iv. ,SETBACK
PROPOSED ELEVATIONS (VERIFY)
�� i
-�� � 1) Garage'= s5o.a
77 — 944 /� /�(pe 2) Top of foundation
ry l —
ry/ / y i7�••.- E 4 EASTERLY}} 6F L6T 16. 3) Basement
/ 4q :'�•-8 BLOCK].CR A4 DAY VIEW
/ , / /� •� AS CURFIEN➢LY/OCCUPIED/
4) Lookout
�W'LY LK/ /
�/
OF 10; 7
AID PRO/ PROPOSED i/ ,// EXISTING\\
^�; ,< HOUSE .�...... //Age /// / HOUSE ..
GARAGE
#3884 q�f //" S3860 ti
LEGAL DESCRIPTION OF PREMISES
Lot 1E, Block 3, Crystal Boy View, and the easterly 1/4 of Lc: 17, 2lock 3
/ Crystal Bay View. The line dividing the westerly 3/4 from the easterly 1/4
/ • of said Lot 17 is hereby defined to be a line drawn from a point on the
cc>- t / tzo ,✓ �/f / ,southerly line of said Lot 17 distant 15.00 feet westerly, measured along
_,southerly
southerly line, from the southeasterly corner of said Lot 17 to o point
on the traverse line, as said line is hereinafter defined, 10 feet westerly,
/ measured alongsaid traverse line, from the East line of said Lot. As used
PROPOSED 9 // herein the ter "traverse line" is hereby defined as a line running from o
point on the East line of said Lot distant 226.7 feet northerly of the south—
/ / // Dtry —'95B(�•,)/
DRIVEWAY
¢ 3.3
s�'
/ Bas corner f a' a porn 2
// h he
t me o said Lot to ton the West line of sold Lot distant 2
feet northerly of the Southwest corner of said Lot, Also, that part of the
oh �y / westerly 3/4 of Lot 17, Block 3, Crystal Bay View, lying southeasterly of t
`! }/ z1., O following described line: Beginning at a point on the easterly line of said
V- 10 '' westerly 3/4 of Lot 17 distant 68.45 feet northerly from the southeasterly
N mho/ nEXISTQJG� POLE to corner of said westerly 3/4 of Lot 17; thence southwesterly to a point on the
/I o/ / ° southerly line of said Lot 17 distant 11 feet northwesterly, measured along
GARAGE'S 0) said southerly line, from said southeasterly corner of the westerly 3/4 of
� Lr v� w, / to+� zl.s O Lot 17, and there ending. The line dividing the westerly 3/4 from the easterly
LOT�7,�'L. p / F+' °"6 I 0 1/4 of said Lot 17 is hereby defined to be a line drawn from a point on the
ZO 40,4� .?' .�; southerly line of said Lot 17 distant 15.00 feet westerly, measured along
in
..• "•;?/oTLy 9,
said southerly line, from the southeasterly corner of said Lot 17 to a point
on the traverse line, as said line is hereinafter defined, 10 feet westerly,
6.0 \ i \ measured along said traverse line, from the East line of said Lot.
BLACXTQI�
"ROADIA,y �•�,�j• � o denotes iron marker set
i t I r R 3 5 7r` sr:'
"_+..•' '�' • denotes iron marker found
RR 55� T :,Q -- __
Y --- (908.3): denotes existing spot elevation, mean sea level datum
" A V EN I�j,'� �' -BJQ.3;° denotes proposed spot elevation, mean sea level datum
I 1a..n —
I --917--: denotes existing contour line, mean sea level datum
I 90a denotes proposed contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
�X[Sn�►6 RrLNlNG NOTE: Some of the inoformation shown on this survey drawing
WA,u'S JN SCS was taken from city of Orono maps. RECEIVE
above descrroer .
/+r'"--K "M ��a thes local survey ofoon existing house and ws the boundaries oft"hardco he er" to I be removed AV[?211012
not the
ur ort tosed howlocation of others Pmpposed rrovementshouse
orthereon.
encroachments. qTy OF°RONO
I]e, P P Y P
DRAWN
GRONBERG AND
REVGM A ,ION I hereby certify that this plan,specification,or report SCALE
I F°e-I, .Naves IANES11aN:IEIMIX UE,1DGm..odrWwL CWIdRe tm
ECD prepared by me, or under my direct supervision, 111-20'd
CHECKE0 ASSOCIATES, INC. the lawthats '"the°day Licensed Land Surveyor under DAR
the laws of tState of Mim¢sola.
MSG CONSULTING ENGINEERS, LAND 2-22-12
SURVEYORS & SITE PLANNERS
JDB NO. W.
12-044 445 iaTH WILLOW DRIVE / ! 12-044
LONG LAKE.MN.55356
952-473-4141 Mak S.Gronberg Minnesota LI e e Number 12755
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