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Home My WebLink About#09-3417 Recorded Resolution 5860·1 SCA NE /~35 Bol;/J!.5 ~1;1-1 Rd, I ) II II I 1111111111111111 Doc No T4693235 Certified, filed and/or recorded on 10/6/09 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 33 Pkg ID 574855 Doc Name: Resolution Document Recording Fee Document Total Existing Certs 815043 $46 .00 $46.00 New Certs This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1288 FILE NO. 09-3417 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 8 6 0 NO. _______ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1288 FILE NO. 09-3417 'WHEREAS, Stephan Moseley and Susan Moseley, husband and wife (hereinafter "the applicants") are the owners of the property located at 1635 Bohns Point Ro:-:td ·within the City of Orono (hereinafter the "City") and legally described as follows: Tract B, Registered Land Survey No. 565, files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstmction of the existing home's first level including a higher ceiling, a gabled roof with living space within 7 5' of the OH\VL of Lake Minnetonka where a 75' structural setback must be met; and ,vHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstmction of the existing home's first level including a higher ceiling, a gabled roof with living space and a garage addition with living space above ahead of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 25 .4 7% hardcover within the 0-75' setback zone where 0% is allowed and 24.64% currently exists; and to allow 32.5% hardcover within the 75'-250' setback zone where 25% is n01mally allowed and 34.8% currently exists in conjunction with additions to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 09-3417. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 6 Q 2. The property is located in the LR-lB One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of140'. 3. The Planning Commission reviewed this application at a public hearing held on July 20, 2009 and voted 3-4 to recommend approval of variances based on the following findings: a. The property contains 20,037 s.f. in area and has 117' in width. b. The lot is substandard in area and a residence has existed on the property for many years. c. There is no additional land available to bring the lot width or lot area into conformity. d. At 14% structural coverage proposed the proposed plan meets the structural lot coverage limitation of 15%. e. The home expansions are outside of the 0-75' setback area. f. Rather than rebuilding further from the lake, removing numerous trees, and disturbing more of the property the applicants have proposed to utilize the existing home location. The proposed structure compli~s '.Y;th side yard and street yard setback requirements. g. The applicants will agree to filing a protective covenant in order to protect the significant trees on the property. h. Pavers will be utilized for the patios and sidewalks for increased permeability. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 6 Q 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 one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of the existing home's first level including a higher ceiling, a gabled roof with living space and within 75' of the OHWL of Lake Minnetonka where a 75' structural setback must be met; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstrnction of the existing home's first level including a higher ceiling, a gabled roof with living space and a garage addition with living space above ahead of the average lakeshore setback; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow 25.47% hardcover within the 0-75' setback zone where 0% is allowed and 24.64% cmTently exists; and to allow 32.5% hardcover within the 75'-250' setback zone where 25% is nom1ally allowed and 34.8% currently exists in conjunction with additions to the existing home, 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 win require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2,342 s.f. or 25.47% Hardcover in the 75-250' zone shall be limited to 3,497 s.f. or 32.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants 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. ADDITIONAL SURVEYS REQUIRED: a. A foundation survey is required to be submitted pnor to commencement of framing; and b. An As-Built grading plan verifying compliance with the building permit, stormwater management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. The As-Built survey Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 6 Q will also reflect the accurate configuration deck as constructed around the existing 20" maple tree. 4. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 5. The sidewalks and patios shall be converted to pavers to improve permeability per the submitted plans. 6. Due to the close proximity to the lake, the home shall make use of a color palette that blends into the surroundings so as to reduce its visual impact as viewed from the lake. 7. Should further investigation into the quality of the foundation reveal a need for significant repairs the City Council shall review and either approve of the repairs in order for the project to continue or require modifications to the variances as granted. 8. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the prope1iy to ensure their permeability as non-hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the addition. 10. Authorities granted by this resolution run with th,3 property not witb the applicants, but are permissive only and must be exerci~~ed by oi:,bning a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 24, 2010). 11. Violation of or non-compliance with any of the tenns 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. 12. 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 agree to the recording of this resolution in the chain of title of the property. Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THJ CITYOCOUNCIL NO. ~ 8 6 . This instmment was acknowledged before me this I lf ~ay of"x V7lr_1'YJt1f,\2009 by Stephan Moseley, husband of Susan Moseley. RACHEL DODGE NOTAR: PUBLIC· MINNESOTA My Comrrnss1on Expires Jan . 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instmment was acknowledged before me this l~~y of ~ptuybf.)2009 by Susan Moseley, wife of Stephan Moseley. Notary Public Page 5 of 5 \l rxm&-r r~ ~ A , 1•»•1 I I I ("1•1 ,, ', CERTIFICATE OF SURVEY FOR STEPHEN P. MOSELEY --- OF TRACT B, R.L.S. NO. 565 HENNEPIN COUNTY, MINNESOTA ~ W W O W W 111111111111111111111111~ 111111111111111111111111 l 11111111111111111111111 11111111111111111111111 S C A L E I N F E E T (1<2.t) LAKE ·coCNEC MINNETONKA ._____ x <§:>" 'o~o(J._____ ~.J s ',;,,_,, TRAt_; II CRYSTAL BAY \ '\_j1lH) ' \. LEGAL DESCRIPTION OF PREMISES Tract 8, Registered Lond Survey No. 565, files of Registrar of Titles, Hennepin County, Minnesota. denotes iron marker (908.J) : denotes existing spot elevation, mean sea level datum filQ&J ; denotes proposed spot elevation, mean sea leve! doturn --917--: denotes e.-.cisting contour line, mean sea !eve! datum ~-denotes proposed contour line, mean sea level datum Searings shown are based upon on assumed datum. This survey sho....-s the boundaries of the above described property, the tocation of an existing Muse, o!I visible "hardcover", trees, topograohy, and the proposed location of several proposed additions thereon. lt does net purport to show any other improvements or encroachments. 7-lfl-09 REvlS£0 GARAGE. I.IOVE PROPOSW otCi< G O C A J • ~:91~~~~:d mc?.v~ 1 r~;1n!:e~~~ 10 t~n~"t~~~~~r °:d~r d~~~ """""I "" '"'"'"'" R NBERG & ASSQ I TES INC I' h,,oby mhfy lhol "" ""'Y "°' o,ooocod by mo = NJT TO SCN.J: DAl[ -a-10-09 A.C0!TI0N.,,L CRAOES SHOWN ON ffE'fM<INC w.-,u. SILT FENCE AOOE0 $CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS lows ol thfJ Stet~ of Minne:ioto C>-£0Clll -t I 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 ,. ..,. 00-13" 952-473-4141 I Mork. S Gronllc:rg Mmnc:iota L1c:,r,:ie Number 12755 09-13" ~ ~~~ .c: ~~ ~":j ►~ c..n 00 °" 0 I I 1 1 .. I "' , • I 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 24, 2009, 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 10 th day of September , 2009. City Clerk