HomeMy WebLinkAboutResolution 5259 , __ ,
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�' '�' RESOLUTION OF THE CITY COUNCIL•
� �L`9k'EsIIOg'�G NO. � � � g �
� A RESOLUTION GRANTING VARIANCES ,
� TO MUNICIPAL ZONING CODE
j SECTION 78-1288
FILE NO. 04-3067 �
� WHEREAS, Dennis S. Walsh and Amanda L. Walsh, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1354 Rest Point
Circle within the City of Orono(hereinafter the"City") and legally described as follows:
; Lot 11, "SUBDIVISION OF LOT 14, "REST POINT PARK LAKE
MINNETONKA" and Lot 13, "Rest Point Park, Hennepin County, Minnesota
' (hereinafter the"property"); and
• ' WHEREAS, the applicants have made application to the City of Orono
for a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow �
construction of a new addition,replacing the western half of the home, requiring approval
of 30.1%hardcover within the 75'-250' zone when 25% is normally allowed.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono,Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#04-3067.
2. The property is located in the LR— 1 B, One Family Lakeshore Residential
District, which requires a minimum lot area of one (1) acre. The
applicant's lot is 0.72 acres in area
, 3. The Planning Commission reviewed this application at a public hearing
; held on November 15, 2004 and recommended approval of the hardcover
; variance based on the following findings:
� a. The property received a variance in 1999, Resolution #4272, which
• , permitted 29.9%hardcover in the 75'-250' zone.
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RESOLUTION OF THE CITY COUNCIL
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, b. Although, a net addition of 22 s.f. of structural coverage is proposed,
no new hardcover is proposed (the percentages have been revised to
reflect omitted hardcover from the 1999 approval).
c. The proposed addition will be constructed in conformance with the
average lakeshore setback (existing does not) and all setback and
' structural coverage requirements are met.
' d. All fabric and/or plastic will be removed from underneath all rock and
: woodchip areas (areas not included in hardcover calculations).
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicant and the public, and the effect of the proposed
• variance on the health, safety and welfare of the community.
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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
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 orie or more of the above findings, the Orono City Council hereby
; grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow
' construction of a new addition,replacing the western half of the home, requiring approval
of 30.1% 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.
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• � '� �� C ITY of ORONO
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� ��L ,�G~ �
RESOLUTION OF THE CITY COUNCIL
; `9kESI3�4� NO. eS � e� � �
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2. Hardcover in the 75'-250' zone shall not increase above the 30.1% per the
proposed plan and hardcover allowance summary as depicted on Exhibit A.
Applicant is advised that any future requests to increase haxdcover 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. Applicant shall remove all plastic or fabric liner material from the decorative
landscape beds (rock and woodchip) on the property to ensure their permeability
;, as non-hardcover surfaces.
� 4. Required removals of structure and hardcover shall be completed by the footing
' inspection for the proposed addition, unless the applicant submits a letter of
agreement requesting an extension of the timeline that is acceptable to staff.
• � 5. The existing wood platform located at the shore shall only be allowed as a
temporary means for dock storage. This structure shall be removed when the
applicant's dock is in the water.
6. The applicants are advised that upon re-construction of the lake yard staircase, all .
encroachments must be eliminated and the two existing decks existing within the
staircase may not be rebuilt; nor may any platforms, except one 32 s.f. in size, be
permitted. .
7. Due to the intense vegetation removal that has occurred on the bluff, although not
entirely by the applicants or all recently, a bluff restoration and preservation plan
must be approved prior to the final inspection for the proposed addition.
8. The hardcover existing at the street side of the lot as noted on Exhibit A, within
the 75' — 250' zone, shall be removed in order to comply with the approved
hardcover variance of 30.1%.
9. 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 far the new construction within one year of the date of Council approval,
or the variance will expire on that date (December 13, 2005).
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; �',�L �G'�' RESOLUTION OF ��C�IT�COUNCIL
`�kESI304 NO. �
10. 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.
11. 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 agrees to the recording of this resolution in the
chain of title of the property.
� Adopted by the Orono City Council on the 22nd day of November, 2004 and revised on
� . the 13th day of December, 2004. �
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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� roperty Owner(s)
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�',�� ��j�'~ RESOLUTION OF T�HE CITY COUNCIL
� `9kESII�g' . NO. � � � .
STATE OF MINNESOTA
�. COUNTY OF HENNEPIN
� The foregoing instrument was acknowledged before me on this �day of
�QcQ�.�rr, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was execut d on behalf of the City.
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, .. DEi�iSE M.LESKIN�� ;� �
N07ARYPUB��'MINNES07A Notary Public
y: '� - My Cq�nmissan Expires Jan.31,29�5
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STATE OF MINNESOTA
COUNTY OF HENNEPIN �
The foregoing instrument was acknowledged before me on this�3 day of
��, 2004 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.
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;�:�;;� RACHELQODG� � �pG�-�
" �"'"�`` NOTARY PUBLIC-MIN�ESOTA %
� 7'�s=:y �,�onxn�lonExplresJan.3l,zoae ; NotaryPublic
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RESOLUTION OF THE CITY COUNCIL
'. �'�.qk.ESI30g'�G NO. ���� � .
State of Minnesota )
) ss.
� County of Hennepin )
This instrument was acknowledged before me this o?3 day of e� , 2004
by Dennis S. Walsh,husband of Amanda L. Walsh.
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� NOTARY PUBUC•A41N;d�SOTA �
! k � MY�wnmissionExp'uesJan.3l,�oc5 Notary Public
• State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this a3 day of _� � v��e� , 2004
by Amanda L. Walsh, wife of Dennis S. Walsh.
g �=i"� d�fVISE M.LESKINEN Notary Public
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"` , �" �l�l �/ �u�' 12 EXHIBITA REST POIMT FaRii
' • 4 'F' HENNEPIN COUNTY. Ab1NP1LSU'
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• 1� i �� o � � APPROVED HARDCOVER
1 ` � 75'-250'ZONE ONLY
1 I � Z �' HOUSE=3843 s.f.
� � BORDE�t � y � NORTH WALL=158 s.f. ,
DRIVEWAY=833 s.f.
1 • � I I ,,,, C'2 ` ROCK(east side oF driveway)=7 s.f.
� � � N ,.`"'� � EASTERLY DECK=197 s.f.
/ \ � � .i n � WESTERLY DECK=172 s.f.
—�FT.SETBACKIi e °i r'' � SCREEN PORCH=164 s.f.
� r � � TIMBER WALLS(east side of house)=14 s.f.
� � � � CONCRETE LANDING(east side of house)=15 s.f.
�_/ � �� � � , TIMBER WALLS(noRh end of lot)=21 s.f.
� - \ � � �;o,� ROCK WALLS(east end of driveway,west side oF walk,
�� f „� � west corner of addition)=216 s.f.
K r r H w� _ � � � \ LOTAREA/N75'-250'ZONE=18,700s.f./5,640s.f.
� `� TOTAL HARDCOVER=30.1°/a
� � j I EST- � " —
� I , i ` N 85°3156" E '�— �—�
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I \ � LEGAL DESCRIPTION OF Pi
�� EX�STING Lot 11,"SUBDVISION
�� � $ � GARAGE �pKE MINNETONKA"
� � �`� Hennepin Co.,Minn:'
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13LACKTOP
rp , � � \ I DRIVEWAY � / This survey shows the boundarics of
\ � \ the location of an existing house,and
� �, � \ thereon.It does not purport to show a
� � � � � encroachmenfs.
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cn \� \ 2t.5 STONE. o : Iron marker �
►� \ � �CK � W ts � 8earings shown are based up
t� � � � 3 � � � --s58• �-: Existing contour linc,m�
� �� � �� m $ x
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C � �\ \ �\___ � L��D O�6 r 1 � .
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�� � �e.s � / ° WOODCHIP AREAS
. �"ner'm°0,�w�"�w„u �aL� $ �I �o � w SHALL BE RE•VEGETATED
`Qe _ ,,,,, =3• � � WITH GRASS OR THE
� I� I � "�' FABRIC/PLASTIC
� �/ � REMOVEDTOENSURE
3 �'N � I� L___ EXISTING HOUSE � I � THEIR PERMEABILITY
� �` � � PROPOSEO ADDITIO�I I �
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WOOD PLATFORM I ROUNDS \ � ——— / �� � � \
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ONLY PERMITTED \ MANt�OLE�I i� �c RR � � J:
DURING WINTER \ \_-F--- o / I ` N�
FaR STORAGE OF o �` ° o� ' ��� � 1��� �`. \ °'°/
DOCK-MUST'BE ' � B110'00" I 000° / I -� ✓°n`
REMOVED IN THE , � �E � ,�j __„� ��7iMtIN gg,37 ( � _��� \ � �°'N�
SUMMER WHEN ���� �-�vUgy�yy����-i ALLS ) � •-- ��
DOCKISINWATER �����--� -8���� � —_—_ --f � I i'��•-• —.��l
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� �� APPROVAL OF BLUFF %
.AECKSrEiLS�a�_-- RESTORATIONI � -ti��9a8__446•__.. —-- •-�.
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�-_� �- _���__- � •_ PRESERVATION PLAN _ �� =__-
� _ REQUIRED PRIORTO FINAL _ -'� ����__—�/
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•��_�-- - �-_-� -= pLAN SHALL BE IMPLEMENTED _ � --� ._2,6---''';__�
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`—_ —— — BY NOVEMBER OF 2005 - �--s34-''_�__—�
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