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Home My WebLink AboutResolution 5436 , , , , , `�. Doc No 8804 5 OS130/200611:09 AM Certified filed and recorded on above date: Office of the ounty Recorder Hennepin Cou�, Minnesota Michael H. Cunniff, ounty Recorder Deputy 021 TranslD 224177 Fees $35.50 DOC �� -� � �� $10.50 SUR $46.00 Total • ♦ . t �• . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 (B)AND 78-128$ FILE NO. 06-3176 ' 1 � [ � � � O� ♦I O O ,� �, � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�`'�G No. 5 4 3 b A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 (B) AND 78-1288 FILE NO. 06-3176 WHEREAS, Mark W. Gaylord, a single person, and Lori A. Anderson, a single person, (hereinafter "the applicants") have interest in the property located at 3251 Casco Circle within the City of Orono (hereinafter the "City") and legally described below, and WHEREAS, Patricia M. Diegre, a single person, is the owner of the property located at 3251 Casco Circle within the City of Orono and legally described as follows: Lot 11, Block 1, SPRING PARK, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1288 to allow construction of a new residence on an existing lot with a lot area of 0.38 acres when 0.5 acres is normally required; a lot width of 60' at the shoreline and 60' at the 75' setback when 100' is normally required; and a hardcover variance request to permit 29.98% hardcover within the 75'-250' zone when 25% is normaily allawed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3176. 2. The property is located in the LR — 1 C, Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100' at the shoreline and at the 75' setback. Page 1 of 6 � °� � o 0 � C ITY of ORONO ,� .; � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESI'i0g'�G NO. 5 4 3 6 3. The Planning Commission reviewed this application at a public hearing held on February 21, 2006 where a majority recommended approval of variances based on the following findings: a. The lot is significar�tly substandard in area and width and the existing structure and hardcover on the lot are nonconforming. A residence has existed on the property for many years. b. There is no additional land available to bring the lot width or lot area into conformity. c. The hardcover variances as requested are in line with the levels of hardcover variances approved on rebuild applications with similar lot conditions. The proposed residence meets the structural lot coverage limitation of 15%. d. The proposed structure complies with all lake yard, side yard, rear (street)yard, and average lakeshore setback requirements. 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. 5. 'The City Council finds that the co�iditi�ns 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 is necessary to alleviate a demonstrable hardship or difficulty; is 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 variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1288 to Page 2 of 6 . 1 � . � O� O O � .; � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI'i�4'�G No. 5 4 3 6 allow construction of a new residence on an existing lot with a lot area of 0.38 acres when 0.5 acres is normally required, a lot width of 60' at the shoreline and 60' at the 75' setback when 100' is normally required, and a hardcover variance to permit 29.98% hardcover within the 75'-250' zone when 25% is normally allowed, 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 not increase above the level of 297 s.f. or 6.6%. Hardcover in the 75'-250' zone shall be limited to 3,363 s.f. or 29.98% and within the 250'-500' zone shall be limited to 35% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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 are advised that a building height variance will not be granted and approval of the schematic design plans do not in and of themselves warrant approval of the exact design as shown on the plans. 4. 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. 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 within one year of the date of Council approval, or the variances will expire on that date (March 13, 2007). 6. 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. 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, Page 3 of 6 � � °� 0 0 ' � C ITY of ORONO � _ - , � ,� : ,�:. /^y h s� `' ti RESOLUTION OF THE CITY COUNCIL �L`q�i'Egg04'�G NO. 5 4 3 6 successors and assigns, hereb y agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13`�' day of March, 2006. ATTEST: �'` � � � ,�r.�?'�., :��. G� �;=_� -C�z�k `- t �i-�7J Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � �(/. � � ,�� ,L Applicants/Property wner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ,;`� �� , 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. �- �t ,, _. �; ; � . ,�e.�..�.:r:_,.�''�.....=<=.e' .... �:_>__..'_ .. . , .� .. .. ` ^ °� t�ACHEL DODGE �� °"" Notary Public � ` NOTRRY PUBLIC-MI�NESOTA ��` My Commission Exp Ires Jan.31,2010 � Page 4 of 6 � � o� . o � o - ��__ ; C ITY of ORONO � �. �� `�;.' p~'� RESOLUTION OF THE CITY COUNCIL ��kESI3�4'� NO. __��_ STATE OF MINNESOTA COUNTY OF HENNEPIN , The foregoing instrument wa� 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. ��<�� - -' "t ��` RACHEL DODGE % � � ;: . � �` �'�: � �� >'�-.� � NOTARY PUBLIC-MINNESOTA � ✓�� Notar Public ,� � .� My Commission Expires Jan.31,2010 y `°�'�<. r- STATE OF MINNESOTA COUNTY OF HENNEPIN .�h This instrument was acknowled�ed before me this f`� day of �^� 1 , 2006 by Mark W. Gaylord, a single person. ,�`"�� ^:�RBARA G.SILUS �� _ ' 'FJ�IIC-Mlh�w"=�i;,1 ,,;�;::�,,��.��;��:;,;Es��.st,�c�a Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN `/�c�. ' This instrument was acknowledged before me this/T day of /' <� , 2006 by Lori A. Anderson, a single person. -. . E�;�RBARA G. SiL!J::, ��° �� "�TAR(f=U_LIC '��,�'_;:.;. ��/ t�ty comm,��on Expires J �.3�,��cs Notary Public Page 5 of 6 , , ' ' � . � O� O O � C ITY of ORONO ,� .;. �, ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kEsKo�' rvo. 5 4 �t� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _day of , 2006 by Patricia M. Diegre, a single person. Notary Public Page 6 of 6 Eetabliahea � �esa INVOICE N0. 73529 LOT SURVEYS COMPANY, INC. F.g.No. ioi3-58, 5s MARK GAYLORD LAND SURVEYORS SCALE: 1" = so� REGISTERED UNDER THC I.AWS OF SfATE OF ]�INNESOTA O Denotes Iron Monument 7601 73rd Avenue North � (763)-580-3093 Pax No. 580-3522 p Denotes Wood Hu6 Set Ntnneapolis,ltinneaots 65428 ��.�� for excovation only Pro ert located in Section �y Y� " 20, Township 117, Range 23, `�u�u�]T��A (�P��ifirtt�P `s�'s�Y'\�\�\`;�� xp00.0 Denotes Existlng Elevation Hennepin County, Minnesota •.� ��b. ��, \\��?� 000.0 Denotes Proposed Elevation Y�.}` ��\�\�� `�� J � \�.$.p``�` �````````�``:` a_ ``` ` �-Denotes Surfaca D�ainage M �\\�` �``�\ � �\��`� �� \``��` v+� NOTE: Proposed grades are subjeci ` `�� to resuks of soil tesls. � �\`�:�` `` �� ` �% � �� \�� `��\` ' Proposed building inlormOtion ��` �� `�� `� 3_ must be checked with approved � ' �� \ � �\ o� '� building plan and devalopment or `�.��. � ` ; ,i � � grading plon before excavotion ��1s �`,�� \`� Q p a�d construetion. u•or`\� `` �� -y . ��,�.,• `'�' e•.yw. �� ````� �`�� 914.0 Proposed 7op of 81ock ' �� mrn+ 1°�e° \�`� �\:��\� �� 913.5 Proposed Garuge Floor _ � ac�tas °eP' ` �`�.`\` ��`�` .��`� , u�si' ��, %� � ,�,a �, �``� � `�`�`\\�``� \\\" %5.3 Proposed Lowes[ Roo� .`\� ` . � \�`�`�� $ ;�`.f�" � ��' �� `��` Type o( Buiiding sna �� ` \��``��\�`� �j�\��`�� e � � � ` � `� . .` `` . ` � � � � � ��\�` ` \``��``��;��`p" FUII686emenC � �� "•"' ��` �\:`� � \� a esi e 8asement �\f/ �� N� � �� \��\\ ��\:�. LoOkout WIndOWa � � l'�' °°. ,, � '�� V� ��``\��\ ��`��i�C� � � e ```�� ``�`Ag'�'� - �'{fi � N M � .qi. `�3' `��` `�`\ �� `Y+�b��• e ,``� tn�i 1 � ��n"° �;I.. e• ��•• �`��,`��n��L.: � � ,�� @�8� . . �.` �` \ � �I / � I \ \ 1)� / Yl6\I �a o�A � 1 I /� ' • _ r 1, V � 1 ,`,��, ``` � ` �' �' r rx�' ```i' i � � � � � ' i� � � � � �4f `\ `\i ...:O �� 1 1 ` !>i; � � J �� ; 1 1 `�.�� ```� � �p aa n � 6 ��/,� �\ 11f1„.eJ... � .�A„'� + Oc ' � ��Il•PM � ` �a A ' � i ~. �� wa'" � �� s�; �► �� o.. r � 1 °i �,:: � .,� :,�,,,<: � \� .�„ �;. N C(� O � `D n . � ��r i. �� 1 n �� , �,y., ��p �(1 N � lo�"'� -� � .�:� �� auo O N �� 1 The only easemen4s shown are from plats of record or info�mation provided by client. . We hereby certiry that this is a trve and corcect representation of �— _ n o survey of the boundaries o( tha above deacri6ed lond and the '�/� location ot oll buildings and visible encroachments, if ony, from or on said land_ Surveyed by us this 16th day of Januory 2006. Signed � Rev 2-06-06 Added Pr ased Nouae orown ey y, „p�„„ Lot 11, Block 1, SPRING PARK Chorlea F. Mdarson, Minn. Reg. No. 21753 or File Name Gregory R. Prasch, Minn. Reg. No. 24992 sp-1 1-1f6101358inv73529.dwg , � ' � � • 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 March 13, 2006, 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 I qt�` day of , 2006 ��` �� b.�� Uc�-��, �r �'�� •�'' Deputy City Clerk } ; � �{` �>�4 li • :>�� ,J ,s"f C' ��rt�� , • ° ..tt �'� �, �� .,.i' � �`i ,\i �''�x !` /r \ I Yu Y i 'L Y'� 2 '.^§y�{ ��Y«�� l� �q'��``S ��` k s ' ♦ E �3�t },�Z��'�y ` �� a,� � �1� � d"�Y�3. �� . y,. i.��-�� YP 4�dwP 4^r �l�� J ".k2" �� 3�� r y �� } �h' . � �,<� �� :� ��, �=,: r '� �� ''a� �� t �Q ,�.. � ' 4 i'; .�' �` s �ye�fi Y �",pr''��i •.; T . ��