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Home My WebLink About#13-3634 Recorded Resolution 63363~0tVJ~ Cl/2~1.e_, 111111111111 r1 ·mif I II Doc No A 10035616 Certified, filed and/or recorded on Dec 6, 2013 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1062113M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 3 6 A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1282 & 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3634 WHEREAS, James Calvin O'Rourke Revocable Trust (hereinafter the "Owner") is the owner of the property located at 3227 Casco Circle within the City of Orono (hereinafter the "City") and legally described as: Attached as Exhibit A (hereinafter the "Property"); and WHEREAS, James Calvin O'Rourke, the trustee of the James Calvin O'Rourke Revocable Trust (hereinafter the "Applicant") on behalf of the Owner has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 703 square feet hardcover where no hardcover is permitted in conjunction with construction of a new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake Minnetonka to replace an existing above grade minimal stair; and WHEREAS, there is an existing legal non-conforming boat house within the 75- foot setback on the Property and in accordance with Orono Municipal Code Section 78-71 the Applicant intends to reconstruct the boat house in-kind; and WHEREAS, in conjunction with the in-kind replacement the Applicant has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading to fill the void behind the boat house, for construction of new retaining walls and stair system and landscape plantings within the 75-foot setback on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 3 3 6 NO. _______ _ Orono Planning Commission on October 21, 2013 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, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 13-3634. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on October 21, 2013 and voted 7 for and O on a motion to approve the CUP and the hardcover variance based on the following findings of fact: ' a. The Property contains 49,825 square feet (1.14 acres) in area and has a defined width of 165-feet at the lake and 165-feet at the 75-foot setback. b. A new residence home on the Property is currently under construction. c. The Applicant's proposed landscape plan and stair system have been designed in a way which offers screening of the stairs with a natural-looking slope as viewed from the lake. d. With a total of 22.6% overall hardcover, the Property will conform to the 25% hardcover limitations of a Tier 1 lot. e. The Applicant's proposed stair system, walls and landscaping will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. f. The Applicant's' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the property from the lake will be improved with the new stair and landscape screening offered. g. The Applicant's request is in harmony with the purpose and intent of the ordinance. h. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 3 6 i. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. j. The Applicant has provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake in a natural manner. 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 and CUP 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 and CUP 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 Applicants, but is necessary to alleviate a practical 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 78-1680 to allow 703 square feet hardcover where no hardcover is permitted in conjunction with construction of a new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake Minnetonka; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake Minnetonka to replace an existing above grade minimal stair; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading to fill the void behind the rebuilt boat house, for construction of new retaining walls and stair system and landscape plantings within the 75-foot setback; subject to the following conditions: • Council approval is based on the survey, boat house plan and landscape plan submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B, C & D. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ ___.6,..___,,,,_3 -.,f3-6- • Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. • Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (October 28, 2014). • 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. • The undersigned Applicant has read, understands 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. Adopted by the Orono City Council on the 28 th day of October, 2013. ATTEST: L /(~,_ c tL c. ( L~V"'(j~,e __ _ Rachel Dodge, City Clerk ,. Lili Tod McMillan, Mayor Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 3 3 6 This instrument was acknowledged before me this Zt/ day of Deft,~, 2013, by James Calvin O'Rourke, trustee on behalf of the James Calvin O'Rourke Revqcable Trust. BARBARA G. SILUS NOT ARY PUBLIC • MIN,NESOTA My Commission Expires,Jan. 31, 2018 Page 5 of 5 LEGAL DESCRIPTION: Parcel 1: Resolution Exhibit A 6 3 3 6 Lot 27, also that part of vacated Lake Shore Avenue and of the tract of land lying between said vacated avenue and shore of lake which lies between the Southerly extension of the ·westerly and Easterly lines of said Lot 27, SPRING PARK, Hennepin County, Minnesota. ( Contains 10,638 sq. ft.) Parcel 2: Westerly 40 feet of Lot 25, also that pa1t of vacated Lake Shore Avenue and of the tract ofland lying between said vacated avenue and shore oflake which lies between the Southerly extension of the westerly line of said Lot 25 and of the Easterly line of the Westerly 40 feet thereof, SPRING PARK, Hennepin County, Minnesota. ( Contains 15,981 sq. ft.) Parcel 3: Lot 26 and also that pari of vacated Lake Shore A venue and of the tract of land lying between said vacated avenue and the shore oflake which lies between the Southerly extension of the Westerly and Eeasterly lines of said Lot 26, SPRING PARK, Hennepin County, Minnesota. ( Contains 16,186 sq. ft.) Parcel 4: All that part of Lot 28 and of vacated Lake Shore A venue and of the tract of land lying between said vacated avenue and shore oflake described as follows: Beginning at the Northeast comer of Lot 28; thence Southerly along the East line thereof and its Southerly extension to shore of Lake; thence Westerly along said shore of lake to its intersection with a straight line drawn from a point on No1therly line of said lot 28 distant 45.5 ft ·westerly from the Northeast comer thereof to shore of Lake passing through a point 9 ft ·westerly at right angles to the Southerly extension of the Easterly line of said Lot 28 from a point 262.5 feet southerly ofN01theast comer thereof; thence Northerly along said straight line to No1iherly line of Lot 28; thence-EasterlyJQ_h~inning, SPRING PARK, Hennepin County, Minnesota. ( Contains 7,006 sq. ft.) ~----~-·----------·-•---···----. - cascO ~":>" ef,c\e ', . ~. \ &~ ' ;~J~ -- ~.;\~~-.,t.;' ,J ::,, ""' ,~n:i~ GRAVEL <S:-, Londmor, l SURFACE \ . __ _ ~.,•~f . _\. -·, w NE Corner o( Lot 28 s r w.. }x#'~ w.. tl i _.,,,,,.-··-·-_, Resolution Exhibit B1 Tract Ji o' 5 is (j333 S 81-01'14" W --159.85-------------- X ' ' X X (955.00) ' 1 i~ ~ r~ 's.5.s-, l .;,, I . ' t ,__ ·- __Ja>rl----~--"-'-' ~ M su1Ld1N; s;BACK \iNE I '--' Minnetonka WATER EVEVATIU" -, ORDINARY HIGH WATER-'lor.i1, 2013 = 929.9 (NGVD 29) -••Tl()N=929.4' (NGVD 29) ! ~ LEGEND MONUMENT FOUND IRON PJPE MONUMENT SET WOOD HUB SET 9V t fvlJtn . CE/?7'/F/CA'TE OF SZ//?//E'Y ~·•~S227 CASCO {,1//?CLE, 0/?0/VO, .J//V DRAINAGE ARROW .,,_,$' EXISTNG SPOT ELEVATION {ion 1,) PROPOSED ELEVATION Orlonl11llonoflhobn11rlng,y,t11mlsbosod on Hnnnopln County Coordlno\os, NAO 63,(1995adjuslmont). mm AS~BUilT ELEVATION PROPOSED CONTOURS EXISTING CONTOURS FIRE HYDRANT LOT ARfA SQUARE FOOTAGE· 49825 SQUARE FEET l!)(l) CATCH BASIN SEWER MANHOLES MAILBOX CURB STOP APPROXIMATE SQUARE FOOTAGE•· PROPOSED HOUSE AREA = 5619 PROPOSED DRIVEWAY /SIDEWALi< AREA = 4255 EXISTING BOAT HOUSE AREA -380 PATIO/PATIO STAIR STAIRS = 726 RETAINING WALL WITHIN 75' OF LAKE =212 O UTilITY PEDESTAL IMPERVIOUS SURFACE = 11,192 PROPOSED HARDCOVER PERCENTAGE -22.46% 0 UGHT POLE SIGN STORMWATER QUALITY OVERLAY DISTRICT, TIER 1 9 DECIDUOUS TREE • CONlfEROUS TREE ~ TREE REMOVAL -, r-PROPOSED SILT FENCE LEGAL DESCRIPTION Porcol1; Lot 27, 111,0 !h:itpart of voC11lod l:lko Shoro Avenuo and ol lh111ract or 11111d lying between .:iald v11cotod avonue and !lhoro of lako which Ue.:i bolweon lho Southerly oxlonslon ol lho Woiito1ly Md Eti11torly l!no11 of !mid Loi 27, SPRING PARK. Hennepin County,M!nne:i.ota.(Con1olns10,BJ8oq.fl) Parcel 2: Westerly 40 leot of lot 25, 111,-0 that part ol vocatod Ulko Shon:i Avenue ;md of tho tract of lend lying botweon said vacatod 11vcmuo and shore of bko which Uei. botwaon tho Southerly o:,;\on!llon ol lho wtl!l\orly Ono of 5ald Lot 25 ::ind of tho Eostorly lino of tho Watitorly 40 root thereof, SPRING PARK. Hennepin County, Minnoiio!a. ( Conl:lln11 15,981 ,q. ft.) Parcel 3: Lot 28 and abo Iha! part of vac:s1od Ulko Shorn Avonuo nnd or Iha Ira ct or !and lying botwoon said vocatod avenua ,11nd \ho :more or lake which Hu botwofll\ tho Soulhorly tJXtims!on of 1h11 Wo11lorly and EeH\01fy llm111 or 1mld Lot 26, SPRING PARK. Honnap!nCounly,Mlnno1101:1. (Conl111n,16,1861,q.~) P1m:at ◄; Alt that par1 of Lot28 and of vacatod Ulke Shore Avonuo and of tho tract of land lying batwocn said vacated :,vonuo and shoro of lako doscribod a:. follows: Boginning al tho Northa:,st comer of Loi 2B; lhonca Soulhorly n!ong lho E:Jst J!n11 !horoof and Its Southerly oxten11lon to thoro of Loko; lhqnco Woslot!y 1:1h::111g sold ffloro of l;:iko to !l!I !ntonoctlon with o :itrnlghl Uno d1awn from II po!nl on Norlhor1y lino of s::ild lot28 dli;tanl 45.5 ft Wo!ltmly from lho Northoast comer thotoor to !!hon1 of Ulko pll'-=!ng lhrough o point g ft WO!!lorly ol right ong!o:1 IP lho Soulhorly c:,;lon::lon of !ho Easlorfy Uno of so!d Lot 28 from /J point 262..5 foot sou\horly of Northo:asl comer lhorool; lh1111co Northerly along said ::tr::,.lght fino to Norlhorly Rna oflol 28: lhonco Easlorly to buglnntng, SPRING PARK. Honnop!n County, Mlnn11sota. { Contains 7,006 sq. fl.) PROPOSED El EVATIONS· TOP OF FOUNDATION .., 954.94 MAIN FLOOR -957.00 GARAGE FLOOR = 954.70 TOP OF LOOKOUT FOUNDATION = 949.33 TOP OF LOOKOUT FOUNDATION = 950.33 BASEMENT FLOOR (LO) = 946.30 llillli SEE BUILDING PLANS FOR ARCHITECTURAL DIMENSIONS. CONTRACTOR SHALL VERIFY DIMENSION & EXTENT OF BUILDING PAD SOILS CORRECTION. Sl.1!M:l'.Qfu Stonebrooke Engineering. Inc. 12279 Nicollet Ave. S. Burnsville, MN 55337 Phone: 952-402-9202 Fox: 952-403-6803 www.stonebrookeengineering.com BENCHMARK: IID'IClf!JAIII( lm<•~&Q.!111 SET BACK REOUIREMCNTS· 30' FRONT HOUSE TO R.O.W. 30' FRONT GARAGE TO R.O.W. TOP NUT HYDRANT JUST NORTH OF SUBJECT PROPERTY ELEVATION ,. 860.50 (NGVO 29) 1 O' SIDE HOUSE TO PROPERTY LINE 10' SIDE GARAGE TO PROPERTY LINE REAR SETBACK IS THE AVERAGE SETBACK OF THE NEIGHBORING HOUSES TO THE ORDINARY HIGH WATER LINE ~~~~~~;~~~:i-ciNT~fiOl'~-;cr~~i)~L~ ~fg:J1t"6':;';.6':~:~~!"n~~:t~!'rl)J,II ,.,..,,~,a=b== ~•"' UHAII.UJP1f9N ,1e. .... --l».!1L--n•" --1.!!.:.!1:Jl. I N!llfllY Cllll.nfY THAT nill !llJltVEY. Pl.AN, 011. 11.tPO!IT w,u, PlltPAII.Uo IIY "'" 011 UNDCII. ~; ~,:';J.1~~~~:::~:.~ ~ o'·' """"'" ~-0 ,o .... o. o•o•• ,,.~ .. ••• ••••I"•••• /~,&_ ""~ 11o<I II. 111,.S\33) @ ~!~,~~c~,~~i~ EROSION CONTRPI NOTES· PC Exhibit C ,Z 1. SILT FENCE OR OTHER CITY-APPROVED PEf. CONTROL MUST BE INSTALLED AT ALL LDCAi,..,,._ ••. ,_.,_ CURRENT, PROPOSED OR INTERIM GRADES MAY RESULT IN EROSION AND RUNOFF TO ADJACENT PROPERTIES, 2. ALL TREES SHOULD BE PROTECTED AT DRIPL!NE. 3. APPROVED INLET PROTECTION SHALL BE INSTAU£0 AND MAINTAINED AT THE FIRST CATCHBASIN DOWNSTREAM FROM CONSTRUCTION SITE PRIOR TO EARTH-DISTURBANCE. {PRODUCT MUST BE APPROVED BY THE C!T'f' ANO O[F' MNDOT'S APPROVEO/OUALIFIEO PRODUCT UST) 4. PROVIDE CLASS V GRAVEL CONSTRUCTION ENTRANCES TO CONTROL S01L MIGRATION. 5. All EROSION CONTROL TO REMAIN INTACT AND !N PLACE ~ ·• UNTIL DISTURBED AREAS CAN BE SODDED OR RE-SEEDED TO STAB!LIZE GRADE. EBOSION OPERATIONS ANP MAINTENANCE· 1, ALL EROSION CONTROL INSTALLATIONS SHALL REMAIN IN PLACE ANO MAINTAINED IN GOOD COND!TlON TO THE SATISFACTION OF THE CITY ENGINEER UNTIL THE SITE HAS BEEN STABILIZED. 2. ALL SEDIMENT CONTAINMENT FEATURES SUCH AS SILT FENCE. INLET PROTECTION, ETC. SHALL BE CLEANED OUT WHEN 1/3 Of THE CAPACITY IS DIMINISHED, J. SILT FENCES ANO OTHER SEDIMENT BARRIERS SHALL BE REMOVED WHEN THE.Y HAVE SERVED THEIR USEF'UL PURPOSE BUT Nor BEFORE THE UPWARD SLOPE AREA HAS BEEN PERMANENTLY STABILIZED. EROSION CONTROL INSPFCUON AND PPG! IMfNJATIQN 1. ALL EROSION AND SEDIMENT CONlROL DEVICES SHALL BE INSPEClEO WEEKLY AND WITHIN 24 HOURS OF ANY RAIN EVENT Of 0.5 INCHES OR MORE. 2. All EROSION ANO SEDIMENT CONTROL INSPECTIONS SHALL BE DOCUMENTED TO INCLUDE DATE AND TIME, NAME Of INSPECTOR, WEATHER CONDITIONS, ITEMS INSPECTED, RESULTS OF' INSPECTION AND RESPONSE TO DEF'IC!ENCIES. PART OF LOTS 25, 26, 2?~ !Ir. 28 SPRING PARK 0,, (.>,lj <.,,II ~ m~ >< t/1 2: 2. C" C: -· ---· OJ 0 t-:::, - ~ ~ ! ~ i ~ E~= 4-4-4-;--• 4 5 z 0 ;:: ;:: 1 1 w w ..J ..J w w iil ~ tll 5 <[ 2: ;: I I w JU ~ :r .... ~ 0 z .. "' ·1>.t-#t ~ ~ 4 3?N3CllS~ 3>1<!1noc!el,O ! ~ ! I ~ E~= "'-'1Vt:I 4-.... 4-4-.. , IOl'fQf'O,i .... ' ! I !fl i h[E~= 4-~ .. , ~. ~ 4- ~ = ~ "' I 5 ;:: u w tll .. 0 z 0 er: 0 LL. 0 ~ u Resolution Exhibit C 6 3 3 6 Resolution Exhibit D 6 3 3 6 ,, ST A TE 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 October 28, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITN~SS my hand officially as such City Clerk and the corporate seal of the City this d-LP~~day of /Vvv J_mtv-, 2013. · /<-a City Clerk