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Home My WebLink About#03-2952 Recorded Resolution 5067.- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 ®, .o/ A RESOLUTION GRA."\TING VARIANCES TO MUNICIPAL zo:~H1S"G CODE SECTIONS 78-281, SUBDIVISIO~ B, 78-350, SUBDMSION B, 78-1279, SUBDIVISIO~ B A...:'-.tl 78-1288 FILE NO. 03-2952 "\,VHEREAS, Gregory Robert Tripp, a single person, (hereinafter "the applicant") is the owner of the property located 2.t 3229-C Casco Circle within the City of Orono (hereinafter the "City") and legally desc ric ed as follows: Tract C, Registered Land Survey No 1333, Hennepin County, 1vlinnesota (he~einafter the "property"); and "\,VHEREAS, the applicant has u:de application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-281 Subdivision (b), 78-350 Subdivision (b), 78-1279 Subdivision (b) arid 73-1288 to allow reorientation , change in pitch and addition of dormers to the roof of the existing home existing completely ,vi thin the average lakeshore setback, and partia lly within 75' of the OHWL of Lake Minnetonka. NO"\,V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDI~GS 1. This application was reviewed as Zoning File #03-2952. 2. The property is located in the LR-lB Zoning District, which requires a minimum lot size of 1 acre and a required lake yard setback of 7 5 '. 3 . The Planning Commission revie \•;ed this application at a public tearing held on Monday, October 20, 2003 and recommended approYal of variances based on the following findings: a. The existing home is situa:e d on the property entirely ,,ithin the average lakeshore se tback. Metro Legal Services Inc. Box 491 Page 1 of 5 ~ ' , ........ . _,._ ...,,.,. ~ -""" :...,, ~ (j; (.;1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 6 7 b. A very small portion of the existing home is situated within 75' of the OHWL of Lake Minnetonka. c. The revisions to the roof lines \\ill have no impact on lake views enjoyed by neighboring property owners. d. Although the proposed construction does not add hardcover to the property, the site already contains hardcover in the 75'-250' zone in excess of the allowed 25% and the applicant has agreed to remove certain hardcover items to result in a reduction from 58.6% to 53.2%. 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 variance 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER Al'il) CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-281 Subdivision (b ), 78- 350 Subdivision (b), 78-1279 Subdivision (b) and 78-1288 to allow reorientation, change in pitch and addition of dormers to the roof of the existing home which is completely within the average lakeshore setback, and partially \\ithin 75' of the OHWL of Lake Minnetonka, subject to the following conditions: 1 . Council approval is based on the site plan submitted by the applicant 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 will require further Planning Commission and City Council review. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL «ll ij 7 NO. _______ _ 2. Hardcover in the 0-75' zone shall not increase above the 55 sf. or 0.6%. Hardcover in the 75-250' zone shall be limited to 5505 s.f. or 53.2% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant 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. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardco ver shall be completed by the first framing inspection. 5. Authorities granted by this resolution run wi th the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of ilie date of Council approval, or the variance will expire on that date (October 27, 2004). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of th e zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood 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. Barbara A. Peterson, Mayor Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. $ 0 6 ,,,, The foregoing instrument was acknowledged before me on this _ day of ____ , 2003 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 MINNESOTA COUNTY OF HENNEPIN ----------------" Notary Public The foregoing instrument was acknowledged before me on this _ day of ___ , 2003 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. Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ,5 0 ~ f State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this ~ 1''<;:_y of {){!_ /o be.JL,, 2003 by Gregory Robert Tripp, a single person. F ~aa:? a :=.r aeHH: z a era~~ '-:~~ (r;r,fr.~ RACHEL DOD GE ~:: ; i < •• 'r NOTARY PUBLIC· MIN NE-OTA i t ',. , .) My Commissio n Expires Jan. :1 I, 2005 !-, ,1, .,.,, ! ~:•!~,\~.~·«2eu€&~e~...&.a'IJ'f~~'2' ' (,/!_cu__~ Notary Public Page 5 of 5 ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. IOI Minnetonka, MN 55345 Phone (952) 474-7964 Fu (952) 474-8267 SURVEY FOR: GREG TRIPP SUI\YBYllD; 8ep1tmbtr, 2001 DMfTIIQj Sc,ptm,bet ... 200l LEOAL DESCRIPTION: Tnct C, Reailtm:d Land Survey No. 1333, City of Wayzata, Hcrmcpio County, Minnoeoota. SCOPE OF WORK: I. Showin11 tho length and direction of boundary linea oflht, abo"" legal deacriptiOIL The 1copc of our 1«Yite1 doe, not include detennining what you own, which ii a legal matter. Pl....., check Ibo lop! detcriptioa-wilh your =orda or COIIIUII wilb compclffll lop! COUIIIC~ if acceawy, IOIIWIII IUl'II lhal ltla correct, 111d lhal any mallcn ofrocord, IUCb u ouc:mcota, Iha! you with abawn oa lho auney, hna been ahown. 2. Showio11 Ibo location of mating lmprovcmcnta wo deemed impoll&nL 3. Sottina naw m011umen11 or vmfyln11 old monumcn11 lo mark Iha comcn oftha property. ◄, Thi doc,ke on lht lla•I aide o( Iha houM aro nol 1hown bNJ1u11 Ibey OYllll ■11 wld1 Ibo 11111111111,lua be11ealh Ilia d11C~1. 'I h• 1111d cover fill' llie 11toch 11a 1ill1er c1111111lc1aly 11111,lo 11,o l ■ndac ■plna or ■n, on tho 1ccond and d1ird ntoora when, then, are not hard cover i11UC■ bcatuao of d10 hoiat,I of lhe deck 1. STANDARD SYMDOJ..$ 8t CONYl~NS_;, • • • Dmotoa in• ID pipe wllh plullc plu11 bcarin1 Stal4 License Number 9235, let, unle11 olherwitc noted. I hemby certify Iha! thia plan, apecllication, report or ■urvoy waa prep~ by mo or under my dlrecl 1upcrvl1lon and lhat I am a licen1od 1'rofeo1lonal Engineer and Profculonal Surveyor under the l&WI of tho ljlalc of Minnesota. ~/n]OA 1-1 6LL ·. am all. Parker P~E. &.P.S. No. 9235 r.... -IXl ~-(-: ~- GRAPHIC SCALE CICJII r ~ ( IIUDT) j FOUND 1/r 0,4 'flCST or CQ.IP'D POSTKlff -- TRACT r, LI ,....,, co 0 if.) Llil!illl.llUJ},l)U CUYI./1 JNJU~lll/11.: ttomtfl Concrete Wood Slop• I Deck, 1 Plasllc-llnod ! Lond1copln9 Total: lot Area: :.: llord Cover. I 7.,,o s,1. n. 2,0 ◄9 Sq. rt. J59 Sq. rt. 179 Sq. rt. 1,613 Sq. fl. 7,928 Sq. fl. 20. mo Sq. n. J9.J:!: ~oYS 'Cct--lC42e\E ~'C) ~ . .?~ ,4#f t ' .. 1\ '()~ •./:r:; " \II"' ;; ~(}Ve wooO~ lif> '=>• Y• TF~ACT "TRACT --1811.07- S B8'42'28" W a ,,, V •,, • AOC>< WITH UNOCm.A lMEHT 842s.F. f ~,1\ ,-·~ .. ,. . .._, J ~ r , ·, ..... ·.! ..• . -.. ~ ,I' • :I . ~ ' ,\ 'll °\,', I ~.. ~\. ~:·:) ... , ,. .. .:u-,~ '· .J Ji' !'ti -l 1rt• ~ £OGE Of' WATER Sf.PT. 2. 200J I J I ·1 I ·I I ~ ~ ~ ~ ~ Ll.l ~ ~ ..... ~ tt.:l ~ ~ "4 l,, •"'I ,,_. ~ A ,..., -~ r- 4"\ ~t Q 7 3~~163f;S -... 1rYte ~ '6Fl'ICE CiF THE REGISTRAR . ~ OF TITLES ~; 1 ,_p HENtEPI-N COUNTY, Mlr-!NES01A CERTIFIED F!LE:D ON FEB -5 2004 \ L\ \ ~. l~TITLGS lY ~ DEPurrf;, {\f\ \-\;n~