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Home My WebLink AboutResolution 5065 o� Zg31( ill 11 ill 11 11 11 Doc No 8325092 04/05/2004 10:45 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 20 TranslD 17805 Fees $15.00 DOC $5.00 SUR $1.00 COPY $21.00 Total . , . . ev °44 A �. . � CITYofORONO r\*tH40; tyl '�tt :1-'01.0°- G~' RESOLUTION OF THE CITY COUNCIL �lkES8O4� NO. b ® f A RESOLUTION GRANTING VARIANCES � ; Li ( ;I TO MUNICIPAL ZONING CODE \ - �' SECTIONS 78-350(B); 78-282; AND 78-1288 - FILE NO. 03-2934 WHEREAS,Jason Bliss,a single person,(hereinafter"the applicant")has an interest in the property located at 3445 Crystal Bay Road and owned by Chicago Title Insurance Co., such property located within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 4, Block 1, Wiley's Park; Lake\1innetonka,Hennepin County,Minnesota, lying northerly of a line drawn from a point on the westerly line of said Lot 4 distant 113.5 feet northerly of the Southwest corner of said Lot 4, through a point on the easterly line of said Lot 4 distant 83 feet northerly of the Southeast corner of said Lot 4,and lying southerly of the southerly right-of-way line of Old Road as shown on the plat of Wiley's Park, Lake Minnetonka (hereinafter the "property"); and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-350(B); 78-282; and 78-1288 to allow construction of a residence on a lot of 0.15 acres in area and 50'width where 0.5 acres in area and 100'width is required; to allow a building encroachment of the side street yard, and to allow hardcover in excess of the 25% hardcover normally allowed in the 75-250' Lakeshore hardcover zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File =03-2934. 2. The property is located in the LR-1C Lakeshore Residential Zoning District, which requires minimum lot area of 0.5 acres(21,780 s.f.)and minimum lot width of 100'. The lot area is 0.15 acres (6,494 s.f.) and defined lot width is 50'. 3. The Planning Commission reviewed this application at a public hearing held on October 20,2003 and on a vote of5-0 recommended approval based on the following findings and recommended conditions: a. A house has existed on the property for many years,and the property is served by municipal sewer and water. Paye 1 of 6 O O ?�A, CITY of ORONO ,, I RESOLUTION OF THE CITY COUNCIL ` kesto4 NO. 5O F b. The lot area and width are sufficient to allow development of a single family residence meeting or nearly meeting all standards of the LR-1C zoning district. c. The minimal actual encroachment of side street setback by house (2.5' encroachment) and portico (<2' encroachment), and the narrow width of the lot, plus the substantial separation between the proposed house and the traveled portion of the side street, act as hardships to support the side street setback variance. d. The proposed house will be sized smaller than 1500 s.f.lot coverage allotment for lots less than 10,000 s.f.in area,and the configuration ofthe lot and garage location will minimize hardcover while still allowing for off-street vehicle parking in front of the garage. The revised proposal accounts for the necessary hardcover amenities to functionally serve the house(AC pad,front sidewalk). A small first-floor level deck of no greater than 120 s.f. should be allowed on the lake side of the house meeting all principal structure setbacks. The small lot size is a hardship supporting a hardcover variance to allow 1,838 s.f. hardcover(28.3%)in the 75-250'zone,which Planning Commission finds is the amount of hardcover necessary to reasonably support the construction of a new residence on this property. 4. The City Council has considered this application including the findings and recommendations 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. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicant;and . would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 • ctv () • O O t_4444e- CITYofORONO A� + ti G RESOLUTION OF THE CITY COUNCIL Ski l`gkESgO�� NO. 5 0 'Pr 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 Sections 78-350(B), 78-282, and 78-1288 to allow construction of a residence on a lot of 0.15 acres in area and 50'width where 0.5 acres in area and 100'width is required; to allow a building encroachment of the side street yard of 2.5' and a similar portico entrance encroachment of 2'; and to allow hardcover of 1,838 s.f. or 28.3% in the 75-250' zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. Council approval is based on the revised site plan submitted by the applicant dated 10-20-03 and as 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 removals as noted on Exhibit A (shed) shall be completed prior to the footing inspection for the new residence. Hardcover in the 75-250'zone shall not henceforth exceed 1,838 s.f. as indicated on Exhibit A. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved,but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 3. The deck on the lakeside of the house shall not be enclosed and shall not extend above the first floor level, except that a standard railing may be constructed for said deck. The deck shall not exceed 120 s.f. in footprint area but may be configured in a shape of applicant's choosing as long as it meets all required principal structure setbacks of the LR-1C district. 4. The applicant is advised that the property does not abut the shoreline of Lake Minnetonka and is not considered as riparian by the City of Orono. 5. Authorities granted by this resolution run with the property not with the applicant, 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 variance will expire on that date (October 27, 2004). 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. Page 3 of 6 s e?,,, O =`Ai. - CITY of ORONO •4 ' �*il� . ,.- C) RESOLUTION OF THE CITY COUNCIL 4910ESY40g NO. e5 0 6 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ., �� cgpt d by the Orono City Council on this 27th day of October, 2003. 1+Ai �7'` k:.':''`.' 1'� n 4' .i l � Yy F s N1, ? %4.1s£" Ayti _.k__- bi ,iw Y.4cl .. y nda. . 'ee'"Qk ,clerk Barbara A_ Peterson, Mayor *.$ n t c}': is -7. `-"--- operty Owner(s) For Chicago Title Insurance Co. Page 4 of 6 . - 4, , . p. o.47 O O 4�iy ` CITYofORONO , ., ,t\ of & 1L ,��, i, .,,�6%, RESOLUTION OF THE CITY COUNCIL `9kzsHOg' NO. JO 65 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this/t i4'ida �. Y of �Ci c tk,, _,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUEuC 1.1::...- q 4 \? ("L k_ lL ` ( r),-,---c Of My Commission Exp re J - i Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this?`day of ;C 4_tl..L 2003 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. RACHEL DODGE ` f�. C ti' / .. -Q L1 UC V.---, NOT/RYPUBLIC-MINK OTA Notary Public M"y Commission Expires Jan.3',200; STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this I day of 1Jnt LC i t i bC 'Z,2003 by Jason Bliss, a single person. RACHEL DOD''" NOTARY PUBLIC t I L- ot--C /C-C_ u v c ,. �. , pAyCommission Expins.: Notary Public Page 5 of 6 . . .v. 04i. 00 A, � CITYofORONO � ti �� , 3 I , _ 0 RESOLUTION OF THE CITY COUNCIL .4` 10ESH04� NO. 5O 65 STATE OF COUNTY OF This instrument was acknowledged before me this day of ,2003 for Chicago Title Insurance Co. by , its Notary Public Page 6 of 6 EXHIBIT A RESOLUTION NO. / I L/'1 1 ;___14/1 !LEY' S PARK ; `�• APPROVED 66 s. SEraW� moi/ SITE PLAN ?6 Std Jrn fi . .99%-/Q-, F I _ro •o • • • DECK s"•r.,..7 -► DECK ?7ej ivyco �• .4 g �; co. EXISTING �i Nh SEc� -, 0 HOUSE ilio.,, -. p A/C PADD • CO PROPOSED NQS DRIVEWAY ^ SE 0 • to O 17 t..\ O 0 ?ea o 0 • N • /, N 0-t ii -et A 402 /0,2 411101r. I/ EXtSTNC I :,.w ENCRDAcrr0' / 74 p SPIED ' 311 � • / Approval of hardcover as follows: w' LY LINE OF `SHouse footprint 1385 s.f. ,`': LOT 4, BLOCK 1, WILEY' S PARK Stoop/portico 36 s.f. i Sidewalk to driveway 41 s.f. E'LY LINE OF Driveway 247 s.f. LOT 4, BLOCK 1,---•- i WILEY' S PARK Air conditioner pad 9 s.f. Deck on lake side of house 120 s.f. 1838 s.f. /6494s.f =28.3% � O� � O��,� � � ��-� � � CITY of ORONO �.� � ' :�,1�„_� � r�, �� ,,��`� �!4 Municipal Offices � � r .� � '�� .`yG � Street Address: Mailing Address: 9$EggOg' 2750 Kelley Parkway P.O. Boz 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 February 12, 2004 Hinshaw &Culbertson LLP Rolfe Worden . 222 South Ninth Street—Suite 3100 Minneapolis, MN 55402 RE: Resolution#5065—File#03-2934 Dear Rolfe: � Mike Gaffron spoke with you last year regarding resolution#5065. • On 11/23/03 Mike Gaffron decided that Chicago Title Insurance Co. no longer has an interest in the property at 3445 Crystal Bay Road. If you have any questions or concerns contact Mike Gaffron. Respectfully, Rachel Dodge • Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us