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Home My WebLink About#3142 Recorded Resolution 5403-•· ' SCP f\; iED II II I 111111111111111 Doc No 4322835 10/31/2006 04:00 PM Certified filed and or recorded on above date : Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 267316 New cert Cert 1159034 0 '5 -::, l '-(--z.._ ~S -1j _ 5 l{ Ll) Deputy 58 Fees $1.50 AF $10 .50 STATEFEE $34 .00 TDOCFEE $0.00 TSUR $46.00 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 0 3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-305 FILE NO. 05-3142 WHEREAS, ChTistopher Vl. Chapman and Emily P. Chapman, husband and wife (hereinafter "the applicants") are the owners of the property located at 3775 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the "property"); and 'WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288 and 78-305 to allow construction of a 12' x 12' shed where hardcover in the 0-250' zone is proposed at 30% where 0% is nommlly permitted in the 0-75' zone and 25% is normally permitted in the 75'-250' zone and 30% in the 0-250' zone currently exists and was approved by variance in June of 2004, and a street/rear yard setback variance to pennit the shed to be located 21' from the property line where 50' is normally required and the existing home was permitted by variance to be setback 21' from the property line. NOW, 'IHEREJFOR!E BE I'I RESOLVED by the City Council of Orono, Minnesota: l. 2. FINDINGS This application was reviewed as Zoning File 05-3142. The property is located in the LR-lA, One Family Lakeshore Residential Zoning District, which requires a minimum lot area of 2.0 acres and a minimum lot width of 200' at the shoreline and required 7 5' lake setback. The Planning Commission review·ed this application at a public hearing held on October 17, 2005 and recommended denial of the requested variances based on a City policy of not allowing trading of non-structural Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 0 3 hardcover for structural hardcover. The City Council review this application at their meeting of November 14, 2005 and recommended approval of the variances based on the following findings: a. The proposed hardcover level in the 0-250' zone will have a net decrease of 3.5 s.f. of hardcover and remain unchanged at 30%. b. No new hardcover is proposed within the 0-75' zone. c. The shed wi11 not be located any closer to the road than the existing home. d. Lot coverage by structures remains confonning at 6.4%. e. The proposed location of the shed is in confonnance with all wetland regulations. f. The proposed location of the shed will not impact adjacent residence's views to the lake. g. The shed will be screened by existing coniferous trees located partially within the applicants' property and the right-of-way of Bayside Road. h. No other more confom1ing location exists on the property. 1. The findings and conditions of variance Resolution #5198, approved in June of 2004, will not be impacted. 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 conditions existing on this property are peculiar to it and do not apply generally to other prope1iy 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 prope11y; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to P:-w," 7 nf fi CITY of ORONO RESOLUTION OF THI; CITY COUNCIL NO. t) 4 0 3 preserve a substantial prope1iy 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 Ivlunicipal Zoning Code Sections 78-1288 and 78-305 to allO\V construction of a 12' x 12' shed where hardcover in the 0-250' zone is proposed at 30% where 0% is no1111ally permitted in the 0-75' zone and 25% is 1101111ally pe1111itted in the 75'-250' zone and 30% in the 0-250' zone cun-ently exists and was approved by variance in June of 2004, and a street/rear yard setback variance to permit the shed to be located 21' from the prope1iy line where 50' is nonnally required and the existing home was pennitted by variance to be setback 21' from the property line, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and aimotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in confonnity with City codes will require further Plam1ing Conunission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 3.5%. Hardcover in the 75'-250' zone shall be limited to 11,430 s.f. or 20% and hardcover in the 0-250' zone shall be limited to 30% per the proposed plan and hardcover allowance sunm1ary as depicted on Exhibit B. Applicants are advised that any foture requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover \Vill not likely be approved v,;ithout concunent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on tbe property to ensme their permeability as non-hardcover surfaces. 4. Required removals of hardcover shall be completed by the first required building inspection for the proposed shed, unless a removal timeline has been accepted by Zoning staff and/or the Building Official/Inspector. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 0 3 5. Authorities granted by this resolution run with the prope1iy 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 (November 28, 2006). 6. Violation of or non-compliance ,vith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tenninate 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, 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 28th day of November, 2005. ATTEST: ,/ Ii} I I '_._:;(, __ , .. ,·,1•·1,_,.._,/_,.1 .. • • I I !/ ,., • \ " -,_ .: ' .. :,/ _.,.t,.i!.__,.., .. / 'Li.irda S. Vee, City Clerk p, . <:';:~·-·~:i0"r'--·---.,. I( l ,, ;/ £ ilf' /)i (/,;-,, .I fl-"' 'i r\J~lJ:-(_ .. a .. ,& .. J.r:: . .t .r,~fr-~:.~::.:;tL; ... ,.,1:. .. f~:J..4:r /t/· Barbara A Peterson, Mayor i) . ' --·--.....___ Page 4 of 6 STA TE OF M11'rNESOT A COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 0 3 .-, .· 'l_J.. The foregoing instrument was acknowledged before me on this,)/'-day of ;LhUf!. ,Of,;:;-; 2005 by Barbara A. Peterson, Mayor of the City of Orono, a :Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MWNESOT A COUNTY OF HENNEPil-J /1/J ,,..-/,, ~ ,./ t/ j. (_/f.,-·f. ';,,·i < ' -.-;f-~ The foregoing instrument was acknowledged before me on this _I · day of \1-Lt..t-v""l'.J~--2005 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. A ' l[. ;:,,C (,... t fx)c,( r,, Notary Public Page 5 of 6 EXHIBIT A Legal Description Par 1: That part of Lot 17 lying Northerly of a line hereinafter referred to as "Line B" Lots 5, 6, 7, 8, 13, 15, 16, 19, 20, 21, 22, 23 and 24, Resolution 5403 Except that part of said Lots 15, 16, 19, 20, 21 and 22 lying Southerly of a line drawn parallel with and 30 feet Northeasterly measured at right angles from "Line B", said "Line B" being described as follows: Commencing at the Northwest corner of the Southeast Quarter of the Northwest Quarter of Section 5, Township 117, Range 23; thence South along the West line of said Southeast Quarter of the Northwest Quarter a distance of 234 feet; thence deflecting right 48 degrees a distance of 90 feet to the point of beginning of said "Line B"; thence deflecting left 83 degrees to the Southerly extension of the East line of said Lot 15 and said "Line B" there ending, All in Ottoville On Lake Minnetonka. Par 2: Those portions of abandoned Lake View Avenue and abandoned Lake Street as dedicated on the plat of Ottoville on Lake Minnetonka described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117, Range 23; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of a line hereinafter referred to as "Line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve a distance of 802.5 feet; thence along a tangential curve to the left having a radius of 300 feet and central angle of 45 degrees a distance of 235.62 feet; thence Southwesterly tangent to last-said curve to a point on the West line of the Southeast Quarter ~f ~a.ld. Northwest Quarter of Section 5; and said "Line A" there ending, said ending point being the point of b~gir:mJhg of.the property being described; thence Northeasterly along said "Line A" to its intersection with the Northerly ·ex.tensioQ cif the. Westerly. lire of Theresa Street in said plat of Ottoville on Lake Minnetonka; thence Southerly alongsaip Noi:tlierly ext~risioil fo the_Southerly line of said abandoned Lake View Avenue; thence Southwesterly along said Scuth~rly linE:3 bf the abandoned,Lake View Avenue to its intersection with the East line of said abandoned Lake Street; thence.South.along said East line cit abandoned Lake Street to its intersection with a line drawn parallel with and 30 feet Northeasferiy', measured at'figh(arigles, frtirn a line hereinafter referred to as . "Line B", said "Line B" being described c:1s:}ollows: ~Commencing at theJ\Jbrthwest,cof.rier of the Southeast Quarter of the Northwest Quarter, Section 5, Township 1.17, Range 43, thence South alori·g.jhe0 West line of said Southeast Quarter of the Northwest Quarter, a distance of 234 feet; thenqe <;ieflecting right,48_ deg~e~s a distance of 90 feet to the point of beginning of said "Line B"; thence deflectingleff83 tjE3gr13esJo said ~as_tHn~9f ~bandone,d Lake Street, and said "Line B" there ending; thence Northwesterly along said parallel lineJ6it~ i11ter~E39ti6ri.with the West line of said Southeast Quarter of the Northwest Quarter; thence North ca)orig said West lirJ~ to th~ pc5int of beginning, Except that part of said Lake View Avenue lying Northerly, of a line 3_3 fE:i~t§>q,yth~rlyAf'. measured at.rig hr angles to and parallel with said "Line A" and also ' :>.· :.: ,','t:,_t;)/>C i :\:. · · ·· · ' Except that part of said Lake View Avenu,e lying N~rthY,:,'esterly of t~e _{?enterline ,theJ;eoL ,,-;; . ,, ·{.;:-.-:1:'/., .. ,_ . ~ ·:·' .. , .. <_•;,· ~--· .,-., ' ,·' :~-.. , /"•/ Par 3: That part of the Northeast Quarterbf the'Sollthwest Quarter ofthe. Northwest Quarter of Section 5, Township 117, Range 23, lying Southeasterly of a. line ~ereffiafter., refe~red to as •ffne A'.'. and Northeasterly of a line hereinafter referred to as "Line B", said "Line A" and "Line ~'}bejng·described asfollo_ws: Commencing at the Northeast corner of said Northeast Quarter of the Southwest Quarter e>ftb,e,.Northw.,e~t Quart~r; the~ce South along the East line of said Northeast Quarter of the Southwest Quarter of the NorthwesfQUarfer a distance of 234 feet to the point of beginning of said "Line A"; thence deflecting right 48 degrees a ·distance of 90)eet to·a point, and said "Line A" there ending, said point being the point of begining of said "Line B"; thence deflecting leff 83 degrees to said East line, and said "Line B" there ending, Except that part thereof lying Southwesterly of a line drawn parallel with and 30 feet Northeasterly, measured at right --=les from said "Line B". Subject to minerals and mineral rights reserved by the State of Minnesota; (As to Lot 8) CITY of ORONO RESOLUTION OF THE CITY COUNCIL ST A TE OF MINNESOTA COUNTY OF HENNEPIN NO. . 5 4 0 3 u.. This instrument was acknowledged before me this tJ day of -:::rv\li by Clu·istopher W. Chapman, husband of Emily P. Chapman. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public /1 1 This instrument ,vas acknovvledged before me this ,?1'!:. day of (/, /,1,. •. q_,,,,,' by Emily P. Chapman, wife of Christopher W. Chapman. 1/)'. LINDA S. VEE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2010 ~ < -· ··- ,./! . c.> .... )t>.71cict./ Notary Public Page 6 of 6 2 CJ()(..? , -~-0&.s- , 2005 r 0 30 60 90 \~~id\~~-d~:!?~@?~!-, SCALE IN FEET i-.,.'l.~ = EXISTING SPOT ELEVATION. X(995.0) = PROPOSED SPOT ELEVATION ,.,,,_... = DIRECTION SURFACE DRAINAGE 'i s\os t: ""H'\ I? l I· V EXISTING AND PROPOSED ELEV A TIONS GARAGE FLOOR=942.3 . TOP OF FOUNDATION =942.5 LOWEST FLOOR=935~ NOTE EXISTING FOUNDATION TO REMAIN. VERIFY ·AND USE EXISTING ELEV A TIONS PROPOSED TO FIT EXISTING FOOTPRINT · ./. R~-e--7°p:w", oo" -. / 27° <;· _,.,.,--. . ~ / ,...-7J::=: . / ,;•'I? ~ // ·10 / I)..,, . i I L=== -/ ~ L / •.• 0 / I \ f '_.,/,,...-!/ -0 f ;1-~ • • /2 /--. § L f L .. p\t\<-/ /P/ / l.. ...J0W / (. .,11,€ ..J.--2) 0 I .,... 7 I/ I 'J -Ill~~, , 01,, 1 o 1/ .,... / / "'1 ~~g§n \..\ ' . , I I .,... / (_I-~Ill UJ BENCHlvlARI< sf>-~ \'JI, '-." ) / ) 1 ! Jv / // 1 1 t--. .-~ § if5 TOP S1\i'I MH O '---... // // I I f /' / / r_, i ~Sg~ ELEV = 939.9 \ ./ 6'')1;?,.v'·· 1 1 1 ._::::.._1',.,.r 0 1"" , / '?,"' / I ~ <.? 2_8 •••✓-; ) / ~' .w ; ; ;1/ / / "-. c..S ~ n n ./ ,,_o\>-Q -...:.... --_,,/ ✓/' / ·'.d ½.,... -:1-I/ ,,,-:i? / I a:; f ~ l V -#--) , I'-I\ ~-' IB·~"''•:·>-;:./ / C, / / ' ...JD'.'. '<t o O /\ 'i_,Qr,'i.-'],.'o°' 1t·'o / ,.,,,,.{(i, ·e}~l"~":/~', /4"./~ .. p,S'i<"t!;'/~ <" / I 1~u...o..cr I' 0 51'~ / h. 1 .,£JI ~ 0 ....... / ,.,. . OZC'J 9,,0.<> ~ / •' I '() • /_j;>' $ ,,· O~ r \ --st-W lO , -::,'' S ~"st.J§ / ~i~ ~19 Elf, ~~ ,-,.'l.o"\l>I'~ 9 ~1..,~ ~ <:, / // 1 .,. 1 / ;1; 8 01 :-i' ' 1-"' u ..< ~-~y e.,._ ~ n\ ·~ .., \ 4 lJ) /, I '-.I J I . oC) C I / :;)/ / \J"·,, J /1 1__1..: \-\ °''o • 0 "~ ,,~,+-', ~ ... u.-,..:~ i" --< 'l.-1:r~:;.:1/ 1 ,/' . 1 1 c:: 1 !:! ; 1 ,...._ c..:i &"S O ~.,.. \ \ 1 ~----/. \~-;.yu--i:ie, .,. .,. q,,t-/ /,' , v / ;:' _-)/.._ '-..J ~ . \1,; , ~9 ~/ . \7."l'-5" . >7 / 1V I I -¼J ~ -94\.4 ,s"\l,\'L '\ /,• / 0 ~ /. /. -s "-...) 1/) SIJ· ,C .,.-/ . / f . ",z, '/' 7.s.f>-17/1 1· / _..-_..-f'\-~ \ , / ',. gij"I __. f\-o....i._\---.::: D,9,1-, \ ~-(------// / I I . '., ,,--15: £' I I I --. ~ !=l::: efA ~ ~9\v / f / /1/.. I 4 ,_o" . ( (· ] · ----=-_..-::S lt.J l..,J .,.-4 .. lil;lt-< \ . 9,1.111.Y I)✓ /' ,,:>' I ,./ /✓./ /1-9;;. / ,_,. 1' , .. s??-,f' / / --_.,..,. . ....,.. _..... _..-( ,..._ ~ Cl :;;✓\sj i':-/ o c,'1 la.,'<!~_/ /' ...!!r"' 1/0 f'-,__..-g'l.9·e,1-_.,..--...-__.... (" v J -:--::: C) ? ,-,:"' \ ,...,~ -, o '?:, ·1-9 • '· I ,, ,,,";l"Y / 1 --... ~" / r' _j -? _.,..--_.,.... _..-__.... '--.J Vi 9::: (; s••r1111c. _/OJ"' . \ \ ':J i-((?t!C-'a, / ~ /. ci,~~/ , <;;:,'?,---..,,,f 97.s:J/ _.,.. _..-1-sfJ ;;._.,..--_..-_..-_..-~ 1--._ ),..:_ Cl o\.l:. 'o (jl /c ( I '1-·.)'°J6'...61"s ·_.:, .!J ;1 / // ·,.,<:i-0 I ;f---.b-'1/ / r;; --DESCRIPTION: C) ~ "C ;j l'o.,~"'I'-: .. /r:./1_::.v &/usf~S~7-':JP y ,{/ / / ~..,, /~/ ,,,--:;,-~~PART OF LOTS 5,6,7,8,13,15,16,19,20,21,22,23 :::--.J Q:::: Qj =l': -~r,_ \., ,\, '1-"'.o ~~1t-1G ~~\) \\~~ .,.-;s"f!5/1 "-1/ / ., ;:,-t·· ~ J-,_-vf"5 ~ .,.-/ / / AND 24, OTTOVILLE ON LAKE lv\lNNETONl<A ~ kJ Lu ~I),··~ j. ~-.,. (i_-t-15 0'?9}:::--v, I 9 i / / < , . ..r 4-wcf 1,.cP ?',s"l9-o /~/ HENNEPIN COUNTY, MN. 0:) Q Lr) c_j -1--.,. .,. 2 \. "-""'c' ~-~~~o r'l-\/ // ;(' J / / g;'l.S1;P .,.-A/ / LOT AREA TO OHW= 41220 SF/ 0.94 AC I'( ~ 1...,..\ ,,. ,~/ ~ S~~":i ~~oo;, ov:✓~:.~•1_.,/_,./ :./_,,/ -,_g;).~ · :'.>'l: _;y/ ;}9;,c-,-r1 /~ / LOT .AREA<75 SETBACK = ·11430SF /0.26 AC ~ ~&= .1?0 7 ,,;C 1 / \ fONc 10,? Y,i':-;;\".:_.,-/_.,. f',-\ }' h.o"~,11 a,')" / /I X 25% = 2857 SF ALLOWABLE HC · 'I::: 1 ./ --(JI ,<-~d-· [ \s:i':1·0 ~·-:j'.;;/ v··/ I \ '{,.... ./ ,;o f:--'-...,/Y I i I'\ ,, '8,_ _ \7. l"i / -j \ . I ~~ '-f-,,,, , I / , =-:::, I I fu °'-< \ \ ·..,,. Y<\o o~l~'.i'>r, 10,,"\!I"-_<'\i,.,. __ ,... \ / \ ./ ~f?c..,.:::;1? . _.,. , tt~~~ l'1 . -i.J'f _,., ./ ,},p\t\f..f-i \ ~·-----~--· __ .:.~ \ ,/., /~ _ct:,, «•~ ; 1 I ~z§~ ~ t: 0\,-/ _.,..,. ,; 190>· ·o>\ I ... 0 , / , SC'.;!v,,:; I ~ l"ic. ;:-L. }9 :1?.,11.?'--\ I /1~r:i!fi · · . ,. -o"·. REQUIRED HARDCOVER REVISIONS a t: '"!~ ~ 4:-1Q'.'; / / ,.P,--:""'----1 J...--::-· 4~ ,, ' cf[;· g ~ §~5~~~"' / -\\~f...{'/..g3>·" ·.,:~, ~;:J~.,._0 _, __ ...-) Ill\'.~~~ /), ✓ / , 'i..\..£,'l'°' -r::; :~W1 \ ~ \ . -' \i1J 1 ·1 °\r:~"~~, ,-~--~-P r:fiY· '1-\)I""' REMOVALS g "~~~·-,ii§ \ • -.:, -~~-('_ ,....... . J --. /-. .... C';::;.~ . I (o \/ ' .-oa'!.-•l,1"10:,IA-.;,,. ~~...,.,,,... <-,1~ ~ d --~--c........ C·f <01.1,1--.,~~ ~ \ / ~:-_t? ,,,.....i .2' 2 ·_:.,.P,_t· -j?~· ; ..'·\ S-c_ ,,\o?-0 ::., ·, , . Driveway ( side along garage) = 5 O s.f. ~ t ~;ti . ·. ,. 0 I .• ? '-~::u ..,-::; .. ;;,--aAI -:, 0/r,._ II/ A . l•I I '=:sJi5""-'\" \' ... '· t':v...,.-4-i~#-~ ----.· i\JN[T ·\Jr\ S1dewalk(changetostepping-stones)= 97.5s.f. =d i§·~4\\~ J • ..,,?,' --cPOd·7 / -Ml, \ T t 1-ft !£' ,-[§.,;: ' cc ,'} -,,.{\:f~:-1/ LA,k,c . o a -147.5 s.f. =-:;J; ~~~~;~ \~ I -,,f':,,. :§ §!ti'. ~ ;;~ s c ADDITIONS Proposed 12' x 12 Shed= Net Hardcover Reduction= 144 s.f. 3.5 s.f. CJ1 .!::I,. 0 '-'I :--··._ 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 November 28, 2005, 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 /c;·lfi day of 5,__e_Cb?rnhuL,, 2006 , Deputy City Clerk 1 .. . '