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Home My WebLink AboutResolution 5067 • A. 4i0V 0./1/ O O =' P- CITYofORONO ,. . I , ' 4 �. "0,0 %I, G~ RESOLUTION OF THE CITY COUNCIL C% ,� fir;,,,l �` '�+ l'kESHOV' NO. Q I :r 1 A RESOLUTION GRANTLNG VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-281, SUBDIVISION B, 78-350, SUBDIVISION B, 78-1279, SUBDIVISION B AND 78-1288 FILE NO. 03-2952 WHEREAS, Gregory Robert Tripp. a single person, (hereinafter "the applicant") is the owner of the property located a: 3229-C Casco Circle within the City of Orono (hereinafter the "City") and legally desc=:ed as follows: Tract C, Registered Land Survey No 1333. Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-281 Subdivision (b). 78-350 Subdivision (b), 78-1279 Subdivision (b) and -S-1288 to allow reorientation, change in pitch and addition of dormers to the roof of the existing home existing completely within the average lakeshore setback, and partial,- within 75' of the OHWL of Lake Minnetonka. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2952. 2. The property is located in the LR-1B Zoning District, which requires a minimum lot size of 1 acre and a required lake yard setback of 75'. 3. The Planning Commission reviewed this application at a public hearing held on Monday, October 20. 2003 and recommended approval of variances based on the following findings: a. The existing home is situa:ed on the property entirely within the average lakeshore setback. Metro Legal Services Inc. Box 491 Page 1 o=5 ,vow. 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL i11,00 `4kE OgN 0.�� sH 50f 7 b. A very small portion of the existing home is situated within 75' of the OHWL of Lake Minnetonka. c. The revisions to the roof lines will have no impact on lake views enjoyed by neighboring property owners. d. Although the proposed construction does not add hardcover to the property, the site already contains hardcover in the 75'-250' zone in excess of the allowed 25% and the applicant has agreed to remove certain hardcover items to result in a reduction from 58.6%to 53.2%. 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. 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 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. 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 Section 78-281 Subdivision (b), 78- 350 Subdivision (b), 78-1279 Subdivision (b) and 78-1288 to allow reorientation, change in pitch and addition of dormers to the roof of the existing home which is completely within the average lakeshore setback, and partially within 75' of the OHWL of Lake Minnetonka, subject to the following conditions: • 1. Council approval is based on the site plan submitted by the applicant 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 Cite Council review. Page 2 of 5 ‘-i‘ 0 CITY of ORONO H` 4,,,, it, � �' ‘, . i '1100 it G RESOLUTION OF THE CITY COUNCIL `��'ESH�� O. 506 " N 2. Hardcover in the 0-75' zone shall not increase above the 55 sf. or 0.6%. Hardcover in the 75-250' zone shall be limited to 5505 s.f. or 53.2% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is 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. Applicant 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 by the first framing inspection. 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 2". 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. 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. -. .ay Adopted by the Orono City Council on the 27th day of October, 2003. 111 IC 1'614W/("47:1?-'6L/G1---e '. ; *..;40*, .,yee City Clerk Barbara A. Peterson, Mayor •Iy,. :,''h;':.:0*!' refit ��. rt !: Prope vly Owner(s Page 3 of 5 g. 0.47. (/ O = o _: - CITY of ORONO \\. 1�„ 3� 0 s• RESOLUTION OF THE CITY COUNCIL lkESIIO4 NO. 6 0 e "Y STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of , 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. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 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. Notary Public Page 4 of 5 , • , .v. 0 0 0 CITY of ORONO -.,,,.•..4 \ or RESOLUTION OF THE CITY COUNCIL NO. 5067 State of Minnesota ) ) ss. County of Hennepin ) _ This instrument instrument was acknowledged before me thisday of ( (1 /e'L., ';',.., 2003 by Gregory Robert Tripp, a single person. --:.--F2.--e. Besseeseezeastazessa,-- t` —'s\ RACHEL DODGF: ) NOTARY PUBLIC-MV ',TA Notary Public My Commission Expires L• ,4,:4)0'; , Page 5 of 5 ADVANCE SURVEYING & ENGINEERING CO. 5300 S.Hwy.No.101 Minnetonka,MN 55345 Phone(952)474-7964 Fax(932)474-8267 SURVEY FQR: GREG TRIPP r• gllKYBYED; September,2003 DRAFTED; September 4,2003 + IN LEGAL DPSCRE'TION: Tract C,Registered LIOd Survey No.1333,City of Wayzata,Hennepin County,Mimmesete. • SCOPE OF WORK: CO ` ' I. Showing the length and direction of boundary lines of the above legal description. The scope ,A of our services does not include determining what you own,which is■legal miner. Please `e d f • check the legal description with your records or consult with competent legal counsel,if necessary,to make sure that It is correct,sad that any manors of record,such u easements,that you wish shown on the survey,have been shown 2.Showing the location of existing Improvements we deemed important 3, Setting new monuments or verifying old monuments In mark the comm of the property, 4, The decks on the Reel side of the house are not shown because they overlap with lli laniscaping beneath the desks, 'I he heed cover fur the dotes are eltitet completely Indite the L/1141111I 11A1,1 CDVI It IAEOLAIIUML' landscaping or are on the second snd Mini(floors when there are not hard cover issues because of the height of the decks. Wiwi. 2,) 11 Sq, Fl. Concrete 2,0479 Sq. I1. STANDARD SYMEOL-S 4r•CONVI,• TIONS; Wood Steps JS9 Sq. Ft. j Decks 179 Sq. Ft 1'. ; r '•'Denotes 1/2"ID pipe with plastic plug bearing State License Number 9235,set,unless Ploellc—dined l londecoOnq 1,01 J Sq. Fl. otherwise noted. a;:nl r; Total: I 7.928 Sq. Ft. I hereby certify that this plan,specification,report or Purvey was prepared by me or Lot Arco: 20,150 Sq. rt. 4. under my direct supervision and that I em a licensed Professional Engineer and I "i(` Professional Surveyor under the laws of the Stale ofMinnesota x iteral cover 39.3x ,..e t. vt a • •re / \ riAX'nn \ de II.Parker P.E.&P.S.No.9235 I �q4 f Ica OF WATER rwNa rat . SEPT, 2, 2003 . • .g.--r-1UyE ,cCI•4 f' F ' ' , -o-i,- �I N.. 190• T^) A /NT /‘ • '" ,g CONCRETE1 EN e7 1..1 • 574.4 CQ/xwn(POO 441 PP ire Pea w,m I 1.e7 7 sr.YMENT 6 'I 5 N . FOUNe 1/r o.4 •. wast of coop • Pea wpm �1 MORA ' •r, TE Ft ROCK AY11rNT �y 67 ;.. PM Faro . • r 542FlllAYMr„T ,. , ` 11 ,•1' rump' .W. vaso SS,. H]S.F. I 441 IIIP 1 i‘n v 1 LJ / ,d, •` '!��• . Pea ram 1 i / e",>veO ` 3-STORY FRAME uNoa.ATutNr 11 y Ment worn OUT Ii CONCRETE e7 Sr. `fit.• r 2.720 SF, 5J S.F. k �/ 1/ , iL =es frarwww•--`—I� —_109.07-- "' I'-J3 FOUND 1/x'0.a Pea ram Poco slips nPror14"Pt�vmirrNr 5 80'42'28' W I • 9TIeast or cameo upaeAWOtr 120 S.F. 55 Sr. POO/ 104 S.F. I TA /�T GRAPHIC SCALE �e I R n C I Li (orrut) 12iti c c 3.,1 l)art- ., z o3 04'331 O � M-c -7, m -0 00 o4 �G� rpt 2 m ,, > t' 6 ,., 0, =5 0 o ; ; CA -ii° Fl M ‘ 7\' MI ::"< m33 `: W n � cn0 z cn T ii ZOb vi T