HomeMy WebLinkAbout#08-3350 Recorded Resolution 57651111 Ill 111 11 11111111
Doc No T4639748
Certified, filed and/or recorded on
5/6/09 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 13 Pkg ID 532906
Doc Name: Resolution
Document Recording Fee
Document Total
Existing Certs
1134097
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
New Certs
a '1
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1288 AND 78-1404
FILE NO. 08-3350
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ___ 5_7_6_5_
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1288 AND 78-1404
FILE NO. 08-3350
\VHEREAS 1 Frecleriek C. Peters, a single person, (hereinafter "Ov✓ner") is
the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter
"City") and legally described as: Lot 2, Block 1, Colorado Springs, Hennepin County,
Minnesota (hereinafter "the Property"); and
WHEREAS, J.Sven Gustafson has made application on behalf of the Owner
to the City for variances to Municipal Zoning Code Section 78-1404 to allow a tennis court
larger than 1,000 squre feet in the street yard of a replacement residence and a side setback
variance to place the tennis court 22 feet from the northerly side property line when a 30 foot
setback is required; and
WHEREAS, J.Sven Gustafson has made application on behalf of the Owner
to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 37% hardcover
in the 250 to 500 foot zone when the maximum is 30%; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on March 17, 2008, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
lv1inn eso ta:
FINDINGS
1. This application was reviewed as Zoning File #08-3350.
2. The Property is located in the LR-lC zoning district, where 0.5 acre is the
minimum lot area and 100 feet is the minimum lot width. The Property is
approximately 1.14 acres in area and 100 feet in width.
3. The Planning Commission reviewed this application on March 17, 2008 and on
a vote of 5 -2 recommended approval of the variances, based on the following
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 7 6 5
findings:
a. The proposal will result in a reduction in conforming hardcover in the 75 to
250 foot zone from 62 percent to 22.1 percent. Overall hardcover on the
lot wiUbe reduced from 21,496 square feet to 13,070 square feet.
b. The 1,215 square feet of excess hardcover will be located in the 250 to 500
foot zone. The house will be placed nearly 200 feet from the lake.
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 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 Owner but necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the Owner; 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 78-1288 and 78-1404 to allow a tennis court larger than
1,000 squre feet in the street yard of a replacement residence, to place it 22 feet from the
northerly side property line when a 30 foot setback is required and a hardcover variance to
have 37% hardcover in the 250 to 500 foot zone when the maximum is 30%, subject to the
following conditions:
1. Council approval is based on the site and grading plans submitted by the
Owners, annotated by City staff and attached to this Resolution as Exhibit A.
Any amendments to this plan may require further Planning Commission and
City Council review.
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 7 6 5
2. Hardcover in the 0-75' zone shall be limited to O s.f. Hardcover in the 75-250'
zone shall be limited to 3,870 s.f. or 22.1 %. Hardcover in the 250-500' zone
shall be limited to 9,200 s.f. or 37% per the proposed site plan and hardcover
allowance summary as depicted on Exhibit B. The owner 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. The fence around the tennis court shall not be higher than 5' 11" and shall be
dark-colored vinyl-covered chain link or equivalent with no wind-screens.
4. . The tennis court shall not be used for parking vehicles, storage, or other non-
recreational purposes.
5. Any existing tree on the site plan not designated for removal that is removed or
severely damaged during construction shall be replaced with a similar type tree
on a one to one basis, minimum size at planting: overstory -2" caliper,
ornamental -1.5" and evergreen -6'.
6. 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.
7. Owner shall not place any plastic or fabric liner material under any landscaping
on the property to ensure their permeability as non-hardcover surfaces.
8. Authorities granted by this resolution run with the Property not with the owner,
but are permissive only and must be exercised by obtaining a building permit
for the new construction before September 8, 2009, or the variance will expire
on that date.
9. 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 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 7 6 5
10. The undersigned Owner has read, understood and hereby agrees to the terms of
this resolution and on behalf of his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of the property.
STATE OF MINNESOTA
COUNTY -OF HENNEPIN
This instrument was acknowledged before me this-21!!::.._ day of dprJ, ZCb9
2008 by Frederick C. Peters, a single person.
Page 4 of 4
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HARDCOVER
0-75 AREA "' 7500 SF 75 -250 AREA ... 17500 Sf
X 25% • 4375 SFHCA
EXISTING EXISTING
CONC PATIO"' 150 SF/2.0%
PROPOSW
10846 SF /527.
PROPOS£0
OSF 0!:
REDUCTION .. 150 SF
HOUSE -3127 SF
FPORCH "' 144 SF
DECKS • 466 SF
DRIVE -10 SF
WALK -65 SF
CSTPS -58 SF
TOT AL = 3870 SF
(22, 1% OF LOT AREA)
>500SF
NET REDUCTION = 6976 SF
TOT AL HC REDUCTION • 8426 SF
250 + AREA = 24800 SF
XJQ,: -7440 SFHCA
EX!STlNG
10500 SF/41%
PROPOSED
HOUSE .., 535 SF"
DRJVE • 3620 SF
WALK .,. 35 SF
STEPS "' 40 Sf
TENNIS CT. • 4970 Sf
TOTAL .,. 9200 SF
{:37::: Of LOT AREA)
<1760
NE:T REDUCTION .., 1300 Sf
PROPOSEC ELEVATIONS
~~~Agf ~s~~;Tli~2.! 959,3 (VARIES)
UNDER GARAGE FLOOR ., 952.0
LOWEST fLOOR•950.5
SOO ALL SURFACE GRADED AREAS
,~•'""
,.,..
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20 40 60
SCALE IN FEET
; .. oasmcSPOTELEV"'TlON.
lf(IID8.0) -PROPO~SPOTtL.tVATION
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COii -C""'111.LVERf'.DOVEl!MAN~
Cit. -OVERH!:l<O I.ITIUTY LINE
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LEGAL DESCRIPTION
LOT 2, BLOCK 1, COLORADO SPRINGS
ADDRESS -3127 CASCO ClRCLE
PIDH20-117-23-34-0022
LDT AREA "' 49900 Sf/ 1.14 AC
lic,t,-.C.PUIC'li,D~'-"--4?7?/,.~I.C.T
SURVEY IS SUBJECT TO CHANGE PER
TITLE OR EASEMENT INFORMATION
VERIFY Al.L OIMENSlONS AND
ELEVA T!ONS WITH HOUSE PLANS
VERIFY ALL SETBACKS WITH CITY
Resolution
Exhibit A
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Address: -----'----_2-__;-=,.-____ u:;..;....s. ......... c.."-"o ____ ..;..l--....;;.\"R-'-'-=C.--"-I-_€=-------Date: 0 2 · I q · og-. .
Prepared by: ___ .,--_;....._ ____ 5-\-o=-_...;..VU::\N..;;..;....-=-:~o;_cOC'_.,_/-+I-[_-· _L-_L ___ _ Resolution
Exhibit B
HARDCOVER CALCULATION WORKSHEET
~E_TBACK ZONE: (CIRCLE ONE)
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
, I
E. Patio/Deck '
F. Landscape
Underlain
By Plastic
G. Retaining Walls . ·
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
11
-
®
X
X
X
X
X
X
x..:..
X
X
X
X
X
X
X
X
+ B
75-250' 250-500'
=
Width
= =
. -
= =
= =
= =
=
=
=
=
=
_____ x100 =
PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained)
A House ------X ------=
B. Garage
C. Driveway
o: Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
= =
=
=
=
=
=
=
=
= = =
=
=
500-1000'
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F. A
S.F. B
%
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
A + B
______ S;F.
---=fZ)=----S.F. A
__ 3::..i....o::5,..;:0:...::0::::.__ S.F. B
______ x100 = __ _,.,3,0~ ___ %
#3350 -23 -
. ',2-z.. Address: ____ _,_ _ _;__ --r-C,+.sco C lf?C l-1.... Date: 02 · /:i · Oo
Prepared by: _____ :,__ ___ -=~~-.!..--'-VL€.-L-u=-=· =-o~co:.=c;_J_{_....JL~L~L ___ _
'
HARDCOVER CALCULATION WORKSHEET
~EJB~CK ZONE: (CIRCLE ONE) 0-75' 8250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = S.F.
Length Width
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.
I
E. Patio/Deck ' X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining Walls , X = S.F.
H. Other X = S.F.
TOTAL HARDCOVER IN ZONE 10,g'{~ S.F. A
TOTAL PROPERTY AREA IN ZONE \"":f-500 S.F. B
Pi + B X 100 = 62-%
'
' PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) 312=,-A House X = S.F.
fo~,i-t-Length Width
\l.{L{ X = S.F.
s-rooPS X = S"'B S.F.
B. Garage X = S.F.
C. Driveway X = r0 S.F.
X = S.F.
D: Sidewalk X = ,s S.F.
X = S.F.
E. Patio/Deck X = '-Ho<o S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining Walls X = S.F.
H. Other X = S;F.
TOTAL HARDCOVER IN ZONE ~:B':f-0 S.F.
TOTAL PROPERTY AREA IN ZONE ~ -=t-sea, S.F.
A + B X 100 = 3~5 %
-23 -#3 0
A
B
Address: ___ _..;_ ____ 3_1_'2..._";f-__ C_A_,,"""'"5_C...;;.O_~C::....L..J,ic.:;:.._2L._ .... _~ ___ Date: OZ· l°t · ~
Prepared by: _________ ~_~ne,_.;;_=W"--=c::>:;_«/.:;..._;c_,___---'L"""-"L--~L..=--------
1
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250~ 500-1000'
EXISTING HARDCOVER IN ZONE
A: House X = S.F.
Length Width
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.
G. Retaining Walls X = S.F.
H. Other X = S.F.
TOTAL HARDCOVER IN ZONE l0'500 S.F. A
TOTAL PROPERTY AREA IN ZONE 2~Z~~ S.F. B
A + B X 100 = I.\ l %
PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) 5~S A House X = S.F.
Length Width
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = ?G-2-0 S.F.
X = S.F.
D. Sidewalk X = 3$ S.F.
S-re?S X = L-\0 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.
G. Retaining Walls X = S.F.
H. Other: -r~r,.\1.5 er X = 4~ -=t-@ S.F.
TOTAL HARDCOVER IN ZONE 92..00 S.F. A
TOTAL PROPERTY AREA IN ZONE '2..L-\j~0 S.F. B
A + B X 100 = 3-q_ %
-23 -#3 35 0
,t 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 September 8, 2008, 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~ day of September , 2008.