HomeMy WebLinkAboutResolution 5403 � . . .
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Doc No 4322835 10/31/2006 04:00 PM ;, � � -1�, ��,�—z�
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 267316 Deputy 58
Newcert Cert Fees
���6�'r���'_:J; 1159034 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`�k'EsKOg'�G NO. 5 4 0 3
A RESOLUTIOl�T GRAl�'TING VARIANC]ES
TO M�TNICIPAL ZONING CODE
SECTIONS 78-1288 ANl3 78-30�
�ILE NO. 05-3142
WgiE1�AS, Clu•istopher W. Cliapmaii aild �n7ily P. Chapman, husband
and wife (hereiilafter "the applicants") are the o�ners of the property located at 3775
Bayside Road within the City of Orono (hereinafter the "City") and legally described as
follows:
See Attached Exhibit A
(hereinafter the "property"); and
dVHE�AS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Sections 78-1288 and 78-30� to allow
construction of a 12' a 12' shed where hardcover in the. 0-250' zone is proposed at 30%
where 0% is nornlally peimitted in the 0-7�' zone and 25% is normally permitted in the
7�'-250' zone and 30% in tl�e 0-250' zone currently exists and was approved by��ariance
in Juiie of 2004, and a street/rear yard setback variance to perniit the shed to be located
21' from the property line where �0' is normall}T requireci and the e�istin� honle was
permitte.d by��ariance to be setbacl:21' from the property line.
1�*pW, �'g�E��'�� �$� I�' �S��V�� by the City Couilcil of
�TO110. M111I12SOI�:
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1. This application was revi.ewed as Zonin� �ile US-3142.
�'. The property is located in the LR— 1�, One Family Lalceshore Residential
ZOI11R� District, «'�11CI1 T8C1111TeS c� II111�1II1t1111 lot area of 2.0 acres and a
minimum lot width of 200' at the shoreline and required 7�' lal:e setbacl:.
�. The Plaruiintr �ommission revie��-ed tliis aa�pl;cati�n at a public hearin�=
held on October 17, 200� an�l I'ZC011]1I1�11C1eCI C�ZI1131 of ihe requested
�-ariances based on a �:it�� polict° of not allot��ina tradin� of non-structural
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CITY of ORON4 �
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RESOLUTION OF THE CITY COUNCIL
��`9kES�I�4'�G NO. 5 A,�_
hardcover for stntctural hardcover. Tl�e City Council revie�v this
application at their meeting of November 14, 2005 and recommended
approval of the variances based on the following findings:
a. The proposed hardcover level in the 0-250' zone will have a net
decrease of 3.5 s.f. of hardcover and remain unchanged at 30%.
b. No new hardcover is proposed within the 0-75' zone.
c. The shed will not be located any closer to the road than the existing
home.
d. Lot coverage by stnictures remains conforn�ing at 6.4%.
e. The proposed location of the slied is in confonnance with all wetland
regulations.
£ The proposed location of the shed will not impact adjaceut residence's
views to the lalce.
�. The shed will be screened by existing coniferous trees located partially
within the applicants' property and the right-of-way of Bayside Road.
h. No other more confomlin;location exists on the property.
i. The findings and conditions of variance Resolution#5198, approved in
June of 2004, will not be impacted.
4. The City Cotuzcil has considered this application including the findings
and recommendation of the Plamling Cominission, 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.
�. The City Council finds that the conditions existin� on this property are
peculiar to it and do not apply generall}� to other property in this zoninQ
district; that granting the variances �vould not adversely affect traffic
conditions, lijht, air nor pose a fire hazard or other danger to neighborin�
property; �vould 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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�',�� �G'�' RESOLUTION OF TH��T�Y3 OUNCIL
`�kEs�H.�4 NO.
preserve a substantial property ribht of the a�plicants; and �vould be in
keeping with the spirit and intent of the Zoiiin� Code and Compreliensive
Plan of the Citv.
CONC��TSIONS, �It]DEI2 4NI� COl�DI'I'IOl�TS
Based upon one or illore of the above findinQs, the Orono City Council hereby
�rants variances to Orono Municipal Zoning Code Sections 78-1285 and 78-30� to allow
const�liction of a 12' a 12' shed where hardcover in the 0-250' zone is proposed at 30%
where 0% is nornzally pei7nitted in the 0-75' zone and 2�°ro is nornially pernzitted in the
75'-2�0' zone and 30% in the 0-2�0' zone currently eaists and was approved by variance
in June of 2004, and a street/rear yard setback variance to pennit the shed to be located
21' frorn the property line where 50' is iZonnally required and the eaisting home was
pennitted by variance to be setback 21' from the property line, subject to the followin�
conditions:
1. Council approval is based on the site plan submitted by the applicants and
aruzotated by Cit�r staff, attache.d to this Resolution as E�hibit B. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Conunission and Gity Council revieu�.
2. Hardcover in the 0-75' zone shall not increase above the level of 3.5%.
Hardcover in the 75'-250' zone shall be limited to 11,430 s.f. or 20% aild
llardcover in tlie 0-''S0' zone shall be limited to 30% per the proposed plan and
hardcover allo�vance sunuzzary as depicted on Exhibit B. Applicants are advised
that any fi�ture requests to increase hardcover or chaiz�c the nature of
existinQ/ap}�roved hardcover shall require City appro��al, and increases in
hardcover will not lilcely be approved ��rithout concun�ent reduciion in eaistin�
hardcover.
3. Applicants shall remove all plastic or fabric liner material fron� the decorative
IandscapL bed� �n tl�� ��ro�ert;� i� ensur� tlleir p�rnleabil_it,• as �or_-hardcov�r
surfaces.
4. Required removals of ilardcover shall be conipleted by the first required building
inspection ior ihe propo5cc:l sl��d, tuiic5s a renlovai t�rnziine i�as b�eil accepted 'oj�
7_.onin� siafi and/or tlie BuilclinQ �fficialiinspector.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`�k'ESH.�4�G NO. 5 4 Q 3
5. Authorities granted by this resolution run �vith the �ro�erty not urith the
applicants, but are permissive only and must Ue exercised by obtaiiling a building
permit for the new construction within one year of the date of Council approval,
or tlle variauces will eapire on that date (November 2S, 2006).
6. Violation of or non-c.oinpliance ��-ith any of the terms and conditioils of this
resolution shall C•O11St1tLltZ a violation of the zoning code, shall autonlatically
tenninate any authority `ranted herein, and shall be punishable as a misciemeanor.
7. The uildersign�d applicaiits have read, understand and hea•eby agree to the terms
of tlzis resolution and on Uehalf of thz applicants and the applicants' lzeirs,
successors and assians, hereby agrees to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono Ciiy Council on the. 28`�' day of I�Tovember; ?00�.
ATTEST:
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��Liiida S. Vee, Gity Clerlc Barrara A. Peierson, Mayor
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��� �G�' RESOLUTION OF TH� C�ITY COUNCIL
`�kEs8�4 NO. d �
STATE OF MII�TNESOTA
COUNTY OF HEI�TNEPIN
The foreQoinQ 1115trL1111E11t was acl:nowled�ed before me on this�r,�,.�'"day of
,�a'�ii.=a��'�l�%; 2005yby Barbara !�. Peterson, Mayor of the City of Orono, a Mimlesota
municipal coiporation aild said instrument was e�ecuted on behalf of the City.
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�totary Public !
JACQU�'�.YN N►�. OUNG
.�' I�otar�r P�hlfahrllnne�ota
'-- s�y Cor►bni�e,I�r,Expi►se J�1r 3f,zoya
r�aww�,�v�a,v,,,
STATE OF MINNESOTA
COUNTY OF HENNEPI?�1
s�.
Tlie foregoin� instrument was aclalotivledged before me on tllis � ciay of
��-��'^�;`'�'?005 by- Linda S. Vee, City Clerk of the City of Orono, a Miruiesota
municipal corporation and said instrunlent was eaecuted on behalf of the Gity.
��G:��. �_,� ( ��L;'�:.t:�i(..�
,,...�,,, Notary Public
. �-�-....,-.,x-.�a.:.;ti�i
� .:' '•. RACHEL DODGE �
�� NOTARY PU4LIC-MINNESOTA
�':,�s,: My Commission Expires Jan.31,2010 �
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Resohrtion 5403
EXHIBIT A
Lesal Description
Par 1: That part of Lot 17 lying Northerly of a line hereinafter referred to as"Line B"
Lots 5, 6, 7, 8, 13, 15, 16, 19, 20, 21, 22, 23 and 24,
Except that part of said Lots 15, 16, 19, 20, 21 and 22 lying Southerly of a line drawn parallel with and 30 feet
Northeasterly measured at right angtes from "Line B", said "Line B"being described as follows: Commencing at the
Northwest comer of the Southeast Quarter of the Northwest Quarter of Section 5, Township 117, Range 23; thence
South along the West line of said Southeast Quarter of the Northwest Quarter a distance of 234 feet; thence deflecting
right 48 degrees a distance of 90 feet to the point of beginning of said"Line B"; thence deflecting left 83 degrees to the
Southe�ly extension of the East line of said Lot 15 and said "Line B"there ending,
All in Ottoville On Lake Minnetonka.
� Par 2: Those portions of abandoned Lake View Avenue and abandoned Lake Street as dedicated on the plat of
C�� Ottoville on Lake Minnetonka described as follows: Commencing at the Northeast corner of the Northwest Quarter of
� Section 5, Township 117, Range 23; thence South along the East line of said Northwest Quarter a distance of 1400.28
� feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of a line hereinafter
� referred to as"Line A"; thence deflecting right 180 degrees along said"Line A" a distance of 100 feet; thence along a
Q` ,� tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35
��� feet; thence Westerly tangent to said curve a distance of 802.5 feet; thence along a tangential curve to the left having a
� radius of 300 feet and central angle of 45 degrees a distance of 235.62 feet; thence Southwesterly tangent to last-said
��, curve to a point on the West line of the Southeast Quarter of said Northwest Quarter of Section 5; and said"Line A"
'��{� there ending, said ending point being the point of begmnin'g of.the property being described; thence Northeasterly along
� said "Line A"to its intersection with the Northerly extensiony of the.Westerly line of Theresa Street in said plat of Ottoville
��� on Lake Minnetonka; thence Southerly along said Northerly extension to�he Southerly line of said abandoned Lake View
� Avenue;thence Southwesterly along said Southerly line of the atiandoned Lake View Avenue to its intersection with the
� � East line of said abandoned Lake Street, thence�South along said East line of abandoned Lake Street to its intersection
, ,. . .
� ;�with a line drawn parallel with and 30 feet Northeasferly, measured at right angles,.from a line hereinafter referred to as
",� "Line B", said"Line B"being described as follows ;Commencing at the;Northwest corner of the Southeast Quarter of the
Northwest Quarter, Section 5,Township 1.17, Range 23,thence South along.the.West line of said Southeast Quarter of
the Northwest Qua�ter, a distance of 234 feet; thence deflecting right 48.degrees a distance of 90 feet to the point of
beginning of said"Line B"; thence deflecting'left 83 degrees to said East line of abandoned Lake Street, and said"Line
B"there ending; thence Northwesterly along said parallel line to its intersection�with the West line of said Southeast
Quarter of the Northwest Quarter; thence North along said West line to the point of beginning, Except that part of said
_ ,
Lake View Avenue lying Northerly,of a line 33 feet Southerly of, measured_at;right angles to and parallel with said"Line
A" and also -:: :; , �
Except that part of said Lake View Avenue lying Nor#hwesterly of the centerline thereof::.
Par 3: That part of the Northeast Quarter of the Southwest Quarter of the Northwesf Quarter of Section 5,Township
117, Range 23, lying Southeasterly of a line hereinafter,refened to as"Line A".and Northeasterly of a line hereinafter
referred to as"Line B", said"Line A" and"Line B",being described as follows: Commencing at the Northeast comer of
said Northeast Quarter of the Southwest Quarter of the Northwest.Quarter, fhence South along the East line of said
Northeast Quarter of the Southwest Quarter of the Northwest Quarter a distance of 234 feet to the point of beginning of
p 9 9 9•9 �� g �� 90.feet to a point, and said"Line A"there ending, said
So nt,bein Athe po nt of be cirnn rof sa d dL ne BS; the�n endefl cting left 83 degrees to said East line, and said"Line B"
there ending,
Except that part thereof lying Southwesterly of a line drawn parallel with and 30 feet Northeasterly, measured at right
les from said"Line B".
Subject to minerals and mineral rights reserved by the State of Minnesota; (As to Lot 8)
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RESOLUTION OF THE CITY COUNCIL
��`�k'EsI�04'�G NO. 5 � 0 3
STATE OF MINNESOTA
COUNTY OF HENNEPIN
U-. � c,o�
This instruinent was ackno���ledged before me this �1� day of ���� • �-98�--
=�---'�"
by Cluisto�her W. Chapmail, husband of Emily P. Chapmaii.
, �� �
LESKiNEN ° � %"�
� DENISE M. ;/i �� /
��` NOTARY PUBLIC-MINNESOTA
' My Commission Expires Jan.31,2010 Notary PuUlic
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4.L"�:�"�-,.......�'n'"�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrumeilt was acl:nowled�ed before me this;`�-- day of�,.�.�.rc.�. ?00�
,
by Ernily P. ChapnZan, wife of Christoplier W. �'hapman. i:
:O'T.�'-%�(�l'1 /f'`�-"`'-�'"'.
LINDA S. VEE I�Totary Public
; NOTARY PUBLIC-MINNESOTA
�.�„�+` My Commission Expires Jan.31,2010
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EXISTING AND PROP05ED ELEVATIONS . , � 6r�•� ��
� � GARAGE FLOOR=942.3 � ��27°�`�f �� � "
TOP OF FOUNDATION =942.5 , / �'' �_� p ��� Fo51`'� o
LOWEST FLUOR=935.0 i
, � � T I
NOTE EXISTIVG FOUNDATION TO REMAIN- � '�� � � y h o'
VERIFY �AND USE EXISTING ELEVATIONS i � Ia��e� � �'�/ / ' -�c'nw /
PROPOSED 70 FIT EXISTING FOOTPRIN . � � �-� � � � ' �%� �� V�l ����
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p 30 60 90 BENCHMAR{< SPN MN 1\��� �1 ��' � j i� // � � h- m o ,�'
TOP 5AN MH O \ :, %� i i/� / ; � f �� ���
�SCALE IN FEET ELEV = 9�9.9 :� ' � � �4P� , i �, y
��
.1 % � �•,� ' %�� ° / o� � l �chwQ
O p /� i � - C��, :j�' � � / / ��� i_
P ��
f�`•' = EXISTING SPOT EIEVATION. �--�'^ � f���� �� _ � ��/�' y�y / ¢�
RO EO� (1Q)� yh�0 .� �I1�, ��16' � � /`;l,5.. 4�����`¢� I �O z N
X(998.0) = PROPOSED SPOT ELEVATION � � � �✓ , �Q �d . I
6 h"�� Q % �G. � • � o � ic� �d�-orn
�.�•'"� = DIRECTION SURFACE DRAINAGE 9� � � c sa� ���((�yy � f `� � �1 /
, �\�� h�95�,�g / ��frl!'{J / �ii L� �qO,•tA�C 4 W � / I J tD W
/ � �.� � V
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SIOV _\ �$O 6��C I1�1�� �� . Y pSH , ' / �'- I � ` �
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(o�E`p� �, �' �� a�,,,��'E'�h5 �' � /� :' J� .aca� j/���/ � i� DESCh'IPTION: � � Q v
PpNtip `��/� � " � ���rUSE�5Ery5p /� %��i� �' , �e�` � �!" ' ��yas��RT OF LOTS 5,6,7,8,13,15,16,19,20,21,22,23 � � m .Z '
Q '�-�i,' g4 ,�Ag •�11NG S�O� .� 9�H�p�9'�'`,f ;' � �z-,%"•" ��/ / AND 24, OTTOVILLE ON LAKE MINNETONI<A � W ��, �
Fav' 1 �6-G ���S�QO.�jY ' I 1t�\� �� �� 23 4_,0��� �•�j���/ HENNEPIN COUNTY, MI�L m � � j
2 � '��• E`��" � � � ���50 �,� + i � � �� q325X / / / LOT AREA TO OHW= 41220 5F/ 0.94 AC �
`�FF,- 5 0�� y��� / �i` as�� ' / °r�` f � � ��'�
� ��l F ,�o � y} .. � ,��� �. �.yn. y �Z" j / LOT AREA<75 SETBACK = 1143DSF/0.�6 AC �.,���
Qo % ,� �, �COMc p�� �o�:' � %'��, ;� o. ��� �'�°/ / %i X 25% _ ?857 SF AL�G+NABLE HC o
i ��J/� !; f �o ��u-�� . �.� i /���J � � w (�
'� � " FN�'L% `, �g3 �fl y,"` �i•' � I \U '�// / . � c= j�
`� � '" O �'-f„1D-�� ��}1P�- Uc�,r � • ,, ���`� / �u�
� 0 1 '��t o4��{ �G\i �-� �--�' _, t��\ / l'��'% � i � <z=Y �
� � O'� �� �,9�FtAP� ��=�..�`\ /l -.ri�! 6 y ��/ $��' REQUY�D�Ir�R:DCOVEk�ItEVISI�l�S � e i��o
� +' I� .10-i / ''' �_�. lY 4, �� � �� 92 � a �� y1\`�'
, �t � `'���.i�3s ` St�;�'�_ - } ��°��% d- f.���� � �. .
'` "�` ' ��'- z`'" / �°� REM V � s��
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n �. .,j:, ,�'- 0 0
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`�� � . n�2S ya 4 i.7..:�=".���� ;�� � �t C�`Z O ALS �� ~��
I ' � J �2 ������;i..� � `;`-�,��4�.�`` Driveway (side along garage)= 50 s.f. "'�cc°�
� •'o �\,--- �- � N o 4�; �,t'��
/ � ' u��`r `L'
. ;_�, ��— ,'�i� /.� � g <
i , `. � �,_���P��� :�= - - TQJv�� Sidewalk chan e to stepping-stones} = 97.5 s.f. � -� e�£_;'����
' =��`�'rj.,:,-��" 1��� �1/f���� Total— 147.5 s.f. � '� 4��'�_ `�_
I ,�--:�� � L��� � =; �'aT-= -
, - - -G�- -
ADDITIONS �
• � Proposed 12' x 12 Shed= 144 s.f. -p►
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. . . Net Hardcover Reduction= 3.5 s.f. �"�
, � . . ,
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed Deputy 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 November 28, 2005, with the original thereof
on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such Deputy City Clerk and the Corporate seal
of the City this�day of ,�,�.rr�b.e.�, 2006
,
�2.-c�-��Oo��2.�
Deputy City Clerk
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