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Home My WebLink About#06-3176 Recorded Resolution 5436111 IUI 1111111111111 "' Doc No 8804~5 05/30/2006 11 :09 AM Certified filed and o recorded on above date : Office of the ounty Recorder Hennepin Cou , Minnesota Michael H. Cunniff, ounty Recorder Deputy 021 TranslD 224177 Fees $35.50 DOC $10.50 SUR $46.00 Total 0~ -3 17~ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 (B) AND 78-1288 FILE NO. 06-3176 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 3 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 (B) AND 78-1288 FILE NO. 06-3176 WHEREAS, Mark W. Gaylord, a single person, and Lori A. Anderson, a single person, (hereinafter "the applicants") have interest in the property located at 3251 Casco Circle within the City of Orono (hereinafter the "City") and legally described below, and WHEREAS, Patricia M. Diegre, a single person, is the owner of the property located at 3251 Casco Circle within the City of Orono and legally described as follows: Lot 11, Block 1, SPRING PARK, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1288 to allow construction of a new residence on an existing lot with a lot area of 0.38 acres when 0.5 acres is normally required; a lot width of 60' at the shoreline and 60' at the 75' setback when 100' is normally required; and a hardcover variance request to permit 29.98% hardcover within the 75'-250' zone when 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3176. 2. The property is located in the LR -1 C, Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100' at the shoreline and at the 7 5' setback. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 3 6 3. The Planning Commission reviewed this application at a public hearing held on February 21, 2006 where a majority recommended approval of variances based on the following findings: a. The lot is significantly substandard in area a!1d width and the existing structure and hardcover on the lot are nonconforming. A residence has existed on the property for many years. b. There is no additional land available to bring the lot width or lot area into conformity. c. The hardcover variances as requested are in line with the levels of hardcover variances approved on rebuild applications with similar lot conditions. The proposed residence meets the structural lot coverage limitation of 15%. d. The proposed structure complies with all lake yard, side yard, rear (street) yard, and average lakeshore setback requirements. 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 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 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 variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1288 to Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 3 6 allow construction of a new residence on an existing lot with a lot area of 0.38 acres when 0.5 acres is normally required, a lot width of 60' at the shoreline and 60' at the 75' setback when 100' is normally required, and a hardcover variance to permit 29. 98% hardcover within the 75'-250' zone when 25% is normally allowed, 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 will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 297 s.f. or 6.6%. Hardcover in the 75'-250' zone shall be limited to 3,363 s.f. or 29.98% and within the 250' -500' zone shall be limited to 35% 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. Applicants are advised that a building height variance will not be granted and approval of the schematic design plans do not in and of themselves warrant approval of the exact design as shown on the plans. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 5. Authorities granted by this resolution run with the property 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 (March 13, 2007). 6. 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. 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, Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. . 5 4 3 6 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 13 th day of March , 2006. ATTEST: inda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor sf- The foregoing instrument was acknowledged before me on this 2) day of f(r;.AJ!.J--, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City . . ;,,,,~_z=~~~~~~ ~-RA CH EL DODGE NOTARY PUBLIC -MINNESOTA My Com mi ssion Expires Jan. 31, 2010 Notary Public Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORON O RESOLUTION OF THE CITY COUNCIL NO. _ ___._..5 ..... ,4-.3~6..,___. 2-. [rf The for egoing instrument w as acknowledged before me on this _!___ day of /VJO-h-c.. f-_ , 2006 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. RACH EL oo·oGE NOTARY PUBLIC -MINNE SOTA My Commiss ion Expires Jan. 31 , 201 0 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public -1-h ' This instrument was acknowledged before me this Jt./ day of Apr 1 ) by Mark W. Gaylord, a single person. ~ r ' r"?A RBARA G. SILUS , , /_r_y PUOLIC -MINN r.:SOTA \ , './ CC;mmission Expires Jan. 31 , 2000 ~ ......... ~- STATE OF MINNESOTA COUNTY OF HENNEPIN , 2006 This instrument was acknowledged before me this/ '/-~ay of Apr < l , 2006 by Lori A. Anderson , a single person . BARB ARA G. SILU S UOTARY PU BLIC -MIN NESOT/1 My Commiwion Expires Jan. 31, 2008 Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 3 6 This instrument was acknowledged before me this _ day of _____ , 2006 by Patricia M. Diegre, a single person. Notary Public Page 6 of 6 Established in 1962 LOT SURVEYS COMPANY, INC. MARK GAYLORD LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North (763) 560-3093 Fax No. 560-3522 Property located in Section 20, Township 117, Range 23, Hennepin County, Minnesota '° I""> ,q- LO \. \. nu \ _,,,.,,.. \ _,,,.,,. '\ \ \\ \ ~ \ (\ \ lo C'I i ~ The only easements shown are from plats of record or information provided by client. !e s~e~byoti~!fy b~~~~ot~!:'s i~f 0th~ru~b~~~ d~~~ib~Jer:~de~~°Jithe of ~\ location of all buildings and visible encroachments, if any, from or on said land. Surveyed by us this 16th doy of January 2006. '" \ I Rev 2-06-06 Added Fropooed Houoe !Drown By :f. .M.um.o.,, ... ~- File Name f--------------------l sp-11-1fb101358inv73529.dwg Minneapolis, Minnesota 65428 §ur-u-RY .o-r-.z QI Rr-iif iru iR ,.,,.,,. u ~ "o ..,__() I!-'(\-. . '--9~ ~ ~ ~~ ~~ ~ ~ {'I [.'(\ ll ,1 ~~ I \..r, ~r- Lot 11, Block 1, SPRING PARK ~ ~\ "t Signed INVOICE NO. 73529 F.B.NO. 1013-58. 59 SCALE: 1 ,, = so· 0 Denotes Iron Monument □ Denotes Wood Hub Set for excavation only xOOO.O Denotes Existing Elevation @Denotes Proposed Elevation ~ Denotes Surface Drainage NOTE: Proposed grades ore subject to results of soil tests. Proposed building information must be checked with approved building pion and development or grading plan before excavation and construction. ~ Proposed Top of Block 973.5 Proposed Garage Floor 565>.3 Proposed Lowest Floor Type of Building Full easement Lake51de Basement Lookout Windows CQjf fOJL_ Charles F. Anderson, Minn. Reg. No. 21753 or Gregory R. Prosch, Minn. Reg. No. 24992 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 March 13, 2006, 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 I crtt' day of (V)o_,j , 2006 Deputy City Clerk 6