HomeMy WebLinkAboutResolution 5506 Doc No 8886338 11/01/2006 09:17 AM L-) -321 S
Certified filed and or recorded on above date: _
Office of the County Recorder SS v
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 266469 Deputy 27
Fees
$35.50 DOC
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279(l), 78-1279(6) AND 78-1288
FILE NO. 06-3215
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279(1), 78-1279(6) AND 78-1288
FILE NO. 06-3215
WHEREAS, Todd Schaible and Michelle Schaible, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1450 Cherry Place
within the City of Orono (hereinafter the "City") and legally described as Lots 6 and 7
Block 4 and that part of the east half of Cherry Avenue vacated laying Northerly of
Westerly extension of the Southerly line of Lot 7 and Southerly of a line running from the
Northwest corner of said Lot 6 to the Northeast corner of Lot 5 Block 5, all in Crystal
Bay View, Hennepin County, Minnesota (hereinafter the"property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1279(1) to allow the portion
of the existinghouse, porch, and deck within the 75 foot lakeshore setback to remain as
constructed in conjunction with a proposed two-story addition; and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1279(6)to allow construction
of an addition forward of the average lakeshore setback; and
WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Cod-, Section 78-1288 to allow,13 percent
hardcover in the 0-75 foot zone when no hardcover is allowed and to allow 35 percent
hardcover in the 75 -250 foot zone when 25 percent is allowed; 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 a public hearing on August 21, 2006, 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:
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SS11D NO. 5 5 0 6
FINDINGS
1. This application was reviewed as Zoning File #06-3215.
2. The property is located in the LR-1B, Zoning District which requires a
minimum lot area of one acre and a minimum lot width of 100 feet.
3. The Planning Commission reviewed this application on August 21, 2006
and on a vote of recommended approval of the variance, based on the
following findings:
a. The portion the porch and deck within the 0 to 75 foot zone were
constructed in 1981. While the survey and plans that were part of the
permit application clearly showed the porch and deck encroaching into
this setback the permit was still issued.
b. There is no place to construct an addition without an average lakeshore
setback variance as the entire house is located forward of the average
lakeshore setback. The addition will not adversely impact the
lakeshore views of the adjacent lakeshore properties.
C. The addition will update the floor plan of the house and allow
reasonable use of the property.
d. The amount of hardcover on the site will be substantially reduced as a
result of the proposed removals.
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.
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
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SS0 NO. 5 5- A- 6--
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 the above findings, the Orono City Council hereby grants variances to
Orono Municipal Zoning Code Sections 78-1279(1), 78-1279(6) and 78-1288 to allow
construction of an addition, 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 be reduced to 951 s.f. or 13 % (including steps
to the lake). Hardcover in the 75-250' zone shall be limited to 6,256 s.f. or 35%
per the proposed plan and hardcover allowance summary attached to this
Resolution as Exhibit B. 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 structure and hardcover shall be completed before the
addition is occupied.
5. 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 before September 11, 2007. Should the
applicants fail to either obtain a building permit or to receive a renewal of the
variance within the year deadline it shall be necessary to file a new application
with the City.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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7. 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
chainof title of the property.
}% 'f adopted by the Orono City Council on the 11th day of September, 2006.
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4L!1dai9'.t'V ' City Clerk Barbara A. Peterson, Mayor
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To,&d Schaible Michelle Schaible
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on thisSday of
�r bz,z, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
j@GENotary Public
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
0NO. 5 5 0 6
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this � day of
2006 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.
1�
RACHEL DODGE �K .�
x'SR NOTARY PUBLIC-MINNESOTA
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My Commission Expires Jan.31,2010 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this _ day of 2005
by Todd Schaible, husband of Michelle Schaible.
MEE
ENSOTA31,2010
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this �5 day of 1 2005
by Michelle Schaible, wife of Todd Schaible.
:NOTARY
NISE M. LESKINEN
PUBLIC-MINNESOTAmission Ex fres Jan.
p 31,2010 • C
Notary Public
Page 5 of 5
Northerly of Westerly extension of
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SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500, 500-1000, -00(0-
3
EXISTING HARDCOVER IN ZONE P
A. House x
Length 22 S.F.
Width
X _
x
S.F.
x S.F.
S.F.
B. Garage x
S.F.
C. Driveway x
x S.F.
S.F.
D. Concrete / Sidewalk x
Paving Stonesx 242 S.F.
61 S.F.
E. Patio/Deck x
Stone Path - 394 x S.F.
107 S.F.
F. Landscape x
Underlain -x 1005 S.F.
_
By Plastic x S.F.
S.F.
G. Other boathouse x
- 293
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE 2124 S.F. A.
A 2124 B 7596 S.F. B
7596 x 10 0
PROPOSED HARDCOVER IN ZONE .
A. House
x
Length Width v S.F.
S.F.
S.F.
S.F.
B. Garage
S.F.
C. Driveway
S.F.
�L S.F.
D. Sidewalk/01, S.F.
�hd 11101 11gh�
�J �e S.F.
E. Patio/Deck
3
S.F.
X07 S.F.
F. Landscape
Underlain f) S.F.
By Plastic S.F.
S.F.
G. Other boa.-� �OuS,-f
293 s.F.
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE -- f S.F. A
A0 _ B 7596 S.F. B
7596 x 100 I t y, QM* 16
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250'
250-500 500-1000'
EXISTING HARDCOVER IN ZONE
A. House
x
Length width 2844 S.F.
x
x S.F.
x S.F.
S.F.
B. Garage x
S.F.
C. Driveway x
x
2655 S.F.
S.F.
D. Concrete / Sidewalk x
Paving Stones -x 520 S.F.
108 S.F.
E. Patio/Deck x
Stone Path -x 228 S.F.
338 S.F.
F. Landscape Underlain x
By Plastic x = 2572 S.F.
Concrete Water Fall x S.F.
32 s.F.
G. Other / Retaining Walls x
193
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE 94 9 0 S.F. A
A 949017868 S.F. B
B 17868 x loo 53.1 96
PROPOSED HARDCOVER IN ZONE
A. House 4-t x
Len width - S.F.
VI ew eKG( y�
V1C W pore.(, I S.F.
S.F.
S.F.
B. Garage
S.F.
C. Driveway 7
S.F.
S.F.
D. Sidewalk/Cpykepg
i
'Pott(t rk —!�= nvgS - S.F.
Aft S.F.
E. Patio/Deck
S.F.
S.F.
F. Landscape_ D
Underlain 1) ''tt� ! S.F.
°tFG�6 S.F.
S.F.
G. Other Wglflsrm ft,
J
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE — `a' ' ` S.F. A
A 0 _ B17868 s.F. B
17868 x 100 = ` �� �,,
. t r
SETBACK ZONE: (CIRCLE ONE
0-75 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House
x
Length Width S.F.
X _
x S.F.
x S.F.
S.F.
B. Garage x
•�2�' S.F.
C. Driveway x = ��
x — S.F.
S.F.
D. Sidewalk x
x S.F.
S.F.
E. Patio/Deck x
x S.F.
S.F.
F. Landscape x
Underlain x = S.F.
By Plastic x S.F.
S.F.
G. Other
x
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE 3 2 8 S.F. A
A 328 2129 S.F. B
B 2129 x 100 15.4
PROPOSED HARDCOVER IN ZONE
A. House
x
Length Width S'F.
X _
x S.F.
x S.F.
S.F.
B. Garage x
S.F.
C. Driveway x
x — S.F.
S.F.
D. Sidewalk x
x S.F.
S.F.
E. Patio/Deck x
x S.F.
S.F.
F. Landscape x
Underlain x = S.F.
By Plastic x - S.F.
S.F.
G. other
x
TOTAL HARDCOVER IN ZONE !t
TOTAL PROPERTY AREA IN ZONE S.F. A
A 0 _ 2129 S.F. B
B 2129 x 100 �$'r
RESOLUTION# 5506
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on September 11, 2006 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said
meeting.
In Witness Whereof, I have hereunto set my hand and seal this 25th day of
September , 2006.
tin6 S. Vee, City Clerk
S�
-SEAL)
"1