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Home My WebLink About#08-3367 Recorded Resolution 5782Ill II I I II Ill I II i1111 111 Doc No 9213182 12/09/2008 08:52 AM £/ Certified filed and or recorded on above date : Office of the County Recorder, ,, Hennepin County , Minnes pta Michael H. Cunniff, County ~corder Trans c 458562 / Deputy 65 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO ORONO CODE SECTIONS 78-350, 78-1403, 78-1288 FILE NO. 08-3367 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 7 8 2 A RESOLUTION GRANTING VARIANCES TO ORONO CODE SECTIONS 78-350, 78-1403, 78-1288 FILE NO. 08-3367 WHEREAS, Thomas P. Kubalak and Patricia M. Kubalak, husband and wife, (hereinafter "Owners") are the owners of the property located at 2623 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 141, Spring Park, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Owners intend to remove the existing house on the Property and construct a new one; and WHEREAS, Owners have made application to the City for a variance to Orono Code Section 78-350 to allow a 4 foot by 6 foot portion of an existing deck that is within the 10 foot side setback from the north property line to be replaced by a screen porch; and WHEREAS, Owners have made application to the City for a variance to Orono Code Section 78-350 to allow the roof over the portion of the existing house that is within the 10 foot setback from the north property line to be replaced by a roof of a different shape; and WHEREAS, Owners have made application to the City for a variance to Orono Code Section 78-1403 to allow an attached garage to be built to replace the existing detached garage resulting in 17.7 percent structural coverage when the maximum allowed is 15 percent; and WHEREAS, Owners have made application to the City for a variance to Orono Code Section 78-1288 to allow 41.6 percent hardcover in the 75 to 250 foot zone when 25 percent is the maximum; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on September 15, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 -of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5782 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3367. 2. The Property is located in the LR-1 C zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 0.29 acre in area and 60 feet in width. 3. The Planning Commission reviewed this application on September 15, 2008 and on a vote of 4 -2 recommended approval of the variances, based on the following findings: a. The proposal would reduce hardcover by 772 square feet and structural coverage by 89 square feet. b. The proposal would relocate hardcover to increase the amount of green space adjacent to Casco Point Road. This would be not only an aesthetic improvement but it would also create better sight lines for drivers exiting adjacent properties. c. The proposal would relocate the garage from a non-conforming location to a conforming location. 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 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5782 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, in conjunction with the construction of a new house the Orono City Council hereby grants variances to: A. Orono Code Section 78-350 to allow a 4 foot by 6 foot portion of an existing deck that is within the 10 foot side setback from the north property line to be replaced by a screen porch; and B. Orono Code Section 78-350 to allow the roof over the portion of the existing house that is within the 10 foot setback from the north property line to be replaced by a roof of a different shape; and C. Orono Code Section 78-1403 to allow an attached garage to be built to replace the existing detached garage resulting in 1 7. 7 percent structural coverage; and D. Orono Code Section 78-1288 to allow 41.6 percent hardcover in the 75 to 250 foot zone. These variances are subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Structural coverage shall be limited to 2,253 s.f. or 17.7% per the proposed site plan as depicted on Exhibit A and the calculations on Exhibit B. 3. Hardcover in the 0-75' zone shall be limited to O s.f. and hardcover in the 75- 250' zone shall be limited to 3,359.7 s.f. or 41.6% per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The owners 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. 4. No glazing or walls shall be installed on the screen porch. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 7 8 2 5. The Certificate of Occupancy shall not be issued until an as-built survey/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. 6. Owners shall not place any plastic or · fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces . 7. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before October 27, 2009 or the variances will expire on that date. 8. 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. 9. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns , hereby agree to the recording of this resolution in the chain of title of the property. ~»?-W~ ~te , Mayor ~,,;,: I n . /! i,,_,{:_f ~ Patricia M. Kubalak Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . 5 7 8 2 This instrument was acknowledged before me this ___d{/jky of /1.J~ 2008 by Thomas P. Kubalak, husband of Patricia M . Kubalak. RA CHEL DODGE NOTARY PUBLI C · MINN ESOTA My Commission Expires Jan. 31, 2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN . . 34-- This instrument was acknowledged before me this :}( day of No U-€f'Y\be/l, 2008 by Patricia M. Kubalak, wife of Thomas P. Kubalak. Notary Public Page5of5 Legend ~y,:1.,;,l>l.n'd Wou, -SA.'1-lh~orv~·~'>d S~n'l"')' S••" -0C --0,trNelitd [~<hi: . -· ff:,6•0~1 (:JZ:1 c,~.,•t• 0 Dt.elf-oou>T,u c,,,...i •/Poff Ur.O~• Lcrn;..,h ,1000 E•b!"'; S~•! t•r>"t'<,, t,\st.-,9Co,\ev, Tep of Curb s~~t ~,,r.,., ?¢~ cf Roi~ lfi:11 Oh'llt= ,1M!>i. c.r,1.,.t;,, d s•rul r,...~tien C.n:tn ~,~ 11:......,,~1 fr,,,,-.! N~IU i,..,. v~,, s,t ,...-~-f,epeu:f Cer~~-"'• {tOO) P-e~~u~ £~~., 0,<;1.-.01,Arru stt ,..,.,. fo• tr~,oe-. c..,1,o1 LAKE MINNETONKA WATER tLEYATIOll = 92B.7 11.PRll 7. 2006 OHW = 929.4 PROPERTY DtSCRlPTlOlt: Loi 141, SPR!tlG PAhK. Hennep1n Cotsnly, Minneso\o. S!T( ADDRESS: 2623 Coseo Pt. R0oc! H>>::••V<Rr.S f';' .• ~ ':~'s'6T. W 01 fry r,.,...,, ;:,:,,~;.1/1~•~!~ ll;,1'=s1 ~~•"7 t'•.-c,en • \>51.U .. !~l:!_~C~ !.Jll~C "·~~~,.4 l'tc,0t ,. 210·-o· t.-.. oi Fttl ~in'• PmuJr• l!•~•,t~ t"r rm h'"• !!;c,~:,i: LcH t, .. ~1'-on • ~o·-o· 1,c,11, E•••~!'o~ ,. 21'-!!j• Set>!~ [l .. ,01.;n • 15"-)il" n::-;-;.- 2~ ~ r..,,,, 1rn ,., O'i'\'"' 12z2n ,r r,:,t"'i f.!cvi• ~ 121g st ~~~~.~t.~'"!',:5 5:,1 ••• C.rvet, o,;,~ ~'<I 1!oc'>t • 1.617.S l<lel" .1,0111..9 11 ~ J1..5~ H!U'CJ!fi!!' CM9ffi t•"l"""•if<ct>U•2J•J...t ., 184i: ortoll.l lOI A%l L~LWiLL....rn!ll..l! To!.,. t•t1ll"9 /\;~""••• • 4,0IS.9 If • 49,1,; 157-08-8 ref: 5· -Oe t, 96-08 114 12:! ~ fo!e!lol\~o,,tfjm 12.72811 Pr~:•t:fHo-,u • 2 .. B21 JI t-.e!v.f~ eror-o,,I~ u~• 1/••"· F,e;,oud t-o-..:rel• O,,,.J 0"1 ,,,,,,,., ,. 1,101.6 11 lo!C'•l.J59.JJI .. 254,; 51BIICTIJFJJ[ajP.M';t F'r~oHd H>.,,u" 2.252..1 of ,. 17.7': O'" lOU-1. lOI\AA(A JOT a·-2w· z®r -e0111111 T~o! "='d~...-••" J..}5i,7 ,.41,5,; rn•MJCH'Zom:••6'9'•' ITU'"'"'' s~ri.,u • 0 Q:,; -...._ ✓-'11·~"1:c~ f$ ~- PROPOSED SITE PLAN WITH GARAGE AND CONCRETE RECONFIGURATION FOR: ~\TOM KUBALAK ~ .,,o --------------------- ------- with City Engineer's~ I ··,,,~ I ,a=~· r-~-, rf/!m.M ·r l, "'"" *O:JSTOl(lHO!JS(lOat'ID'OVEO * txm'm WJ« TO eE lltw<MO .tD:lS11NGCOHCR£fftO!r~OIOv[tl .._ OlSTWO cv.vn W/F"ot.Y 10 BE F!(IIO't'(D r M••~ oU'I*/ t.><:t v-, • ...,..,. s,, ~ .,, ,.,_m •01 ~•...,,rl t:t ,...t or w«• ,.,. o"•t ,~~"~' ......r tho1 l ...-, o ,:,,,-, ,.;,11110 lc,,d Sv,.,~ o.,,d., i,-,. ~, c,1 .-, !l:>t. o! .,,,.,.,..,,._. / ✓-/ L-2~~<-" , ,,.P,,#A ; ~.---e-r Woo~••• A. e,o•"· P.L..S v--i F1£1'.l 152JO 111-22-Wo.1 W, BROWN LAND SURVEYING, INC. MJO Ce~o, ,h,~ue So~ Stit• 228 Bccom·n~h;m, IIN SS425 8us-(952) 854•'055 Fe,: {952) 854-~25S 'rzrwht, /Pite: 10-22-2ooa / 167-08$al&:, in~~., 10 n." 1 or 1 cJ1 -..J 00 N I I I I m >< ::r -· C" -· -)> To reflect massing Note: Portion oflakeside deck converted to kitchen/dining room has a basement but only deck on upper level. ~I 1; \lllLJlll! "'"' """ q ,,, ""I'"''"""" 111 111 tl!I~ 1111111111~" "-...~~1111 llllll llflil 111111 llil'il~ 1111111111111111111111111111111!1~ ~ /r _ _,/ ' •/ ?????2;"' ~ ' I • ,J 3 -. I .. ~ 1" \~wi I I' • Ii rh i I ' 1 I I PW: ~ 10 o I ()) II ~ " I I f; Jb-I ! rnrif I Ii I I I I I I I I I I I I I I I I I I I I I I I I ii l-r. I I I I I I I I I I 1 I I I I I I I I I I I I I[ . •. ttttrn H Ii MH+JJfH+H:H H H+H+I H ~~ µttt Ii l;tHtH l1 ttttt=f / EE 1---------,~-------1;=--J;;;,:::::: I I SfJ£&.~~~~~~~~~Y':#..\~t,fr.<";?"!.':.•~'<,-~,ro_-,.,i,,:~\~MMc11.~P->l~-'---,·· -----·--··--·1. __ __L __ ~ . .J_r::::::-::1 ___ ._ _____ .~. <Ji m >< ~ ::r 00, a= ;:;: N to EXISTING AREAS: Total Lot to OHW = 12 728 sf Existing House = 1219 sf Existing Detached Garage = 677.4 sf Concrete Under Deck = 445 sf Concrete Drive and Walks = 1,677.5 Total = 4,018.9 sf = 31.5% STRUCTURAL COVERAGE Existing House = 2,341.4 = 18.4% OF TOTAL LOT AREA LOT 75'-250' ZONE = 8078.3 sf Total Existing Hardcover = 4,018.9 sf = 49.7% PROPOSED AREAS: Total Lot to OHW = 12,728 sf Proposed House = 2,252.1 sf Including concrete under decks. Exhibit C 5782 Proposed Concrete Drive and Walks = 1,107.6 sf Total = 3,359.7 sf = 26.4% STRUCTURAL COVERAGE Proposed House = 2,252.1 sf = 17.7% OF TOTAL LOT AREA LOT 75'-250' ZONE = 8.078.3 sf Total Hardcover = 3,359.7 = 41.6% LOT OHW TO 75' ZONE = 4649.7 sf Impervious Surfaces = 0.0% 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 October 27, 2008, with the original thereof on file in my office, and the same is a correct transcription thereof. City Clerk