HomeMy WebLinkAbout07-3266 Recorded Resolution 5645ke),au0cy Katy �d
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Doc No 9072696 12/07/2007 12:22 PM
SCANNEDCertified filed and or recorded;on above date:
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Office of the Coun, y Recorder
Hennepin Coun Minnesota
Michael H. Cunniff,� ounty Recorder
,!%TranslD 360678
Deputy 33
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-350, 784288 AND 781119
FILE NO. 07-3266
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
DEC 07 2007
H �!' ( OOUNTY, MN
BY �---DEPUTY
RESOLUTION %J T� 6 45COUNCIL
NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-350, 784288 AND 784119
FILE NO, 07-3266
WHEREAS, Benjamin D. Milbrath and Karen Milbrath, husband and
wife, (hereinafter "Owners") are the Owners of the property located at 1404 Baldur Park
Road within the City of Orono (hereinafter "City") and legally described as: Lot 14 Baldur
Park Hennepin County, Minnesota (hereinafter "the Property"); and
WHEREAS, Vogue ICF Homes has made application on behalf of the Owners
to the City for variances to Municipal Zoning Code Section 78-350 to construct a new house
on a lot with an area of 0.28 acre when 0.5 acre is required and a lot width of 49.75 feet when
a width of 100 feet is required; and
WHEREAS, Vogue ICF Homes has made application on behalf of the Owners
to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 16.07%
hardcover in the south 0-75 foot zone when none is allowed and 43.07% hardcover in the 75-
250 foot zone when 25% is allowed; and
WHEREAS, Vogue ICF Homes has made application on behalf of the Owners
to the City for a Variance to Municipal Zoning Code Section 784119 to allow an elevation
lower than 931.5 within 15 feet of the house; and
WHEREAS, after due published notice and mailed notice in accordance with
Mimnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 16, 2007, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #07-3266.
Page 1 of 4
O
RESOLUTION OF THE CITY COUNCIL
NO. 5 64 5
2. The property is located in the LR-1C zoning district, where 0.5 acre is the
minimum lot area and 100 feet is the minimum lot width. The property is
approximately 0.28 acre in area and 49.75 feet in width.
3. The Planning Commission reviewed this application on April 165 2007 and on
a vote of 5 - 1 recommended approval of the variances, based on the following
findings:
a. There is no land the Owners could acquire to enlarge the lot.
b. For many years before 2006 there was a house on the property.
c. The lots in the area are of similar size and dimension.
d. The property has two 0 to 75 foot zones. Without a hardcover variance for
the south 0 to 75 foot zone it would be impossible to access the property.
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 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 Owners but are necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the Owners; 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 the above findings, the Orono City Council hereby grants variances to Orono
Municipal Zoning Code Sections 78-350, 78-1288 and 78-1119 to allow construction of a new
house, subject to the following conditions:
Page 2 of 4
RESOLUTION OF THE CITY COUNCIL
NO. 5645
1. Council approval is based on the site and house plans submitted by the
Applicant and amiotated by City staff, attached to this Resolution as Exhibits
A. and B. Any amendments to these plans may require further Planning
Commission and City Council review.
2. Hardcover in the north 0-75' zone shall be limited to 0 s.f. or 0%. Hardcover
in the 75-250' zone shall be limited to 2,636 s.f. or 43.68%. Hardcover in the
south 75 — 250' zone shall be limited to 374 s.f. or 16.07% per the proposed
site plan and hardcover allowance summary as depicted on Exhibit C. The
Owners 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. The Certificate of Occupancy shall not be issued until an as -built grading plan
verifying compliance with engineering and zoning approvals has been
submitted and approved. Any deviation from the approved plan may require
Planning Commission and/or City Council review.
4. Owners shall not place any plastic or fabric liner material under any
landscaping on the property to ensure their permeability as non -hardcover
surfaces.
5. Authorities granted by this resolution run with the property not with the
owners, but are permissive only and must be exercised by obtaining a building
permit for the new house before August 13, 2008 or the variance will expire on
that date.
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 Owners have read, understand and hereby agree to the terms
of this resolution and on behalf of their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of title of the property.
Page 3 of 4
4
ATTEST:
RESOLUTION OF THE CITY COUNCIL
Adopted by the Orono City Council on this 13th day of August, 2007.
inw lam, .w 1/ �x
G7Li da S. Vee, City Clerk
Benjamin D. Milbrath
STATE OF MINIVESOTA
COUNTY OF HENNEPIN
M. White, Mayor
This instrument was acknowledged before me this day of - - .�
2007 by Benjamin D. Milbrath, husband of Karen Milbrath,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
•; ••���' •'•,.yam
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y'a�n1►,�TASE O
Public
This instrument was a
cknowledged before me this - > day ofyc�����,r'
2007 by Karen Milbrath, wife of Benjamin D. Milbrath.
otary Public
ZONING FILE NO. 07-3266
EXHIBIT A RESOLUTION NO. " 64 5
CERTIFICATE OF SURVEY FOR
BENJAMIN D. MILBRATH
OF LOT 14, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNESOTA
LAKE
MINNETONKA
NORTH ARM
COfROUt LW
\ SURVEY 9 ;
h� LINE `e Ai
f caorosm aT fEnCE V
rVrV
� � �ssie•ac 0
J14114 ?� EXISTING=r"-"--
HOUSE-
��� , b1 + i1408 •tiNome RAW
MEW / / vEwAr/ . b o40
_ PROPOSED ELEVATIONS
1) Garage
2) Top of foundation
3) Lowest Floor
EXISTM 11 4) No basement
GARAGE
Rp'�CKrCp '
N
�^..Jro \ mar. ' • �6' LEGAL DESCRIPTION OF PREMISES
0042 0�"• Lot 14, Block 1• BALOUR PARK
D" W
o : denotes iron marker set
• denotes von marker found
(908.3): denotes existing spot elevation, mean sea level dot=
9i9.4 Covr \ZjY\ 59`10'41 denotes proposed spot elevation, mean sea level datum
CoF — — 917— —: denotes existing contour line, mean sea level datum
—tip— denotes proposed contour line, mean sea level datum
Bearings shown we based upon on assumed datum.
This survey shows the boundaries of the above descrioed property,
and the proposed location of a proposed house and driveway thereon.
It does not purport to show any other improvements or encroachments.
GRONBERG AND " Under ,1��btb stover ,a' "owed,I am <�„ 20
ASSOCIATES, INC. '" `"6 to at uwwS Land """ e"
= f tK v0 D f °In
CONSULTING ENGINEERS, LAND t-1s-o7
SURVEYORS, k SITE PLANNERS �
..s xoR1R wtLow ovvE a ,o.
LOnG LAKE W e 6 07-012
Iota
Lice ws Mno 1----
ZONING FILE NO. 07-3NIL/ 60 EXHIBIT C - t RESOLUTION NO.
3fi1`I M ILMAThL I --16 wD7 DALDU✓C HART/,
4- 3- 07 -N0 c1MNGE LoT l +, &ao
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) -75' 75-250' 250-500'
EXISTING HARDCOVER IN ZONE �1012ji f CIq�S�de�
A. House x = S.F.
Length Width
x = S.F.
x = S.F.
x = S.F.
B. Garage x = S.F.
C. Driveway x = S.F.
x = S.F.
D. Sidewalk x = S.F.
x = S.F.
E. Patio/Deck x = S.F.
x = S,F:..
F. Landscape x = S.F.
Underlain x = S.F,
By Plastic x = S.F.
Or Fabric
G. Other x = S.F.
TOTAL HARDCOVER IN ZONE O S.F. A
TOTAL PROPERTY AREA IN ZONE 374D S.F. B
A _ B x 100 = O
PROPOSED HARDCOVER IN ZONE'
A. House x = S.F,
Length -- Width
x = S.F.
x = S.F.
x = S.F.
B. Garage x = S.F.
C. Driveway x — S.F. ^
x S.P:
D. Sidewalk x = S.F.
x = S.F.
E. Patio/Deck x = S.F.
x = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
Or Fabric
G Omer x = S.F.
IN
TOTAL I-LARDCOVER INZONE S.F. I. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A momwB x 100 =
5645
ZONING FILE NO, 07-3266 EXHIBIT C - Z RESOLUTION NO.
�Erl M I l 62ATFF jw, = �r-�j'j nAkzv2 Nx'klf
4-3-07 Lor Luc I
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-25U 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House x = S.F.
Length Width
x = S.F.
x = S.F.
x = S.F.
B. Garage x = S.F.
C. Driveway x = S.F.
x = S.F.
D. Sidewalk x = S.F.
x = S.F.
E. Patio/Deck x = S.F.
x = S.F:
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
Or Fabric
G. Other x = S.F.
TOTAL HARDCOVER II`i ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A _ B x 100 = %
PROPOSED HARDCOVER IN ZONE' pRoPMED
A. House x = 11305 S.F.- I.40tlS�
Length Width
x = S.F.
x = S.F. ContGRFTE
x = I D S.F. - FaR StD! 0001
B: Garage x = S.F.
pa�P�s�t�
C. Driveway x 650 S.F. ^ CA 11 1"Ay
x = S.F... _
D. Sidewalk y,p x 8.42 S.F.-PRoP^.c0
x = S.F.
E. Patio/Deck 14,67 x 17 3 = 137S.F.'
x = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
Or Fabric
G. Other x = S.F.
TOTAL Fjr�RDC.OVER IN.ZONE 263S.F. A
TOTAL PROPERTY AREA IN ZONE 6035 S.F. B
A _ B x 100
ZONING FILE NO, 07-3266 EXHIBIT C -3 56 4 a
RESOLUTION NO.
BErf Mitrmt,%rI4 _ =0 0 FALOVR PARK
4-3 11107 LoT 14' KOGJC
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE SOVTff (6i s���
A. House x — S.F.
Length Width
X = S.F.
x = S.F.
x = S.F.
B. Garage x = S.F.
C. Driveway x = S.F.
x = S.F.
D. Sidewalk x = S.F.
x = S.F.
E. Patio/Deck x = S.F.
x = S.F:. .
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = g g
Or rr abric
G. Other x = S.F.
TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A - B x 100 = %
PROPOSED HARDCOVER LN ZONE'
A. House x = S.F.
Length Width
x = S.F.
x = S.F.
x = S.F.
B. Garage x = S.F.
C. Driveway x S.F.
x -Pi2o�oS�D
ORtu E wAy
= S.F... .
D. Sidewalk x = S.F.
x = S.F.
E. Patio/Deck x = S.F.
x = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
Or Fabric
G. Other x =
S.F. -,
TOTAL HARDCOVER IN.ZONE 3W S.F. -A
TOTAL PROPERTY AREA IN ZONE 2 2b 5 S.F. B
B x 100
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed 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 August 13, 2007, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 17th day of August , 2007.
City Clerk
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