HomeMy WebLinkAbout#3581 Recorded Resolution 61881111111111 1111111111
Doc No A9897738
Certified, filed and/or recorded on
12/31/12 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Rachel Smith, Acting County Recorder
Mark V. Chapin, County Auditor and Treasurer
Deputy 8 Pkg ID 912990M
Doc Name: Resolution
Document Recording Fee $46 .00
Document Total $46 .00
This cover sheet is now a permanent part of the recorded document.
A RESOLUTION
GRANTING VARIANCES
TO ORONO MUNICIPAL CODE
SECTIONS 78-1685 and 78-1700
FILE NO. 12-3581
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 1 8 8
A RESOLUTION
GRANTING VARIANCES
TO ORONO MUNICIPAL CODE
SECTIONS 78-1685 and 78-1700
FILE NO. 12-3581
WHEREAS, Michael Gerald Baskfield and Sharon Joy Baskfield, a
married couple, (hereinafter "Applicants") are the owners of the property located at 2755
Casco Point Road within the City of Orono (hereinafter "City") and legally described as: Lot
7, Auditor's Subdivision No. 265, Hennepin County, Minnesota (hereinafter "the Property");
and
WHEREAS, the home on the Property was constructed in 1989 just prior to
the adoption of the City's massing standards limiting properties less than 2.0 acres to 15%
coverage by structures; and
WHEREAS, in 1989 a 75' to 250' zone hardcover variance was granted for
the construction of the new home permitting 34.26% (3,580 square feet) within the 75' to 250'
zone where 25% is normally allowed; and
WHEREAS, the approved structural coverage level for the Property in 1989
was 2,750 square feet (17.9%); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono Code Section 78-1685 in order reconstruct an existing deck resulting in 2,896
square feet (18.8%) structural coverage where 15% is the limitation per City Code, 17.9%
was previously permitted and 2,896 square feet (18.8%) currently exists; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono Code Section 78-1700 in order to permit 4,492 square feet (29.2%) hardcover
where 3,834.5 square feet (25%) is permitted based on gross lot area and 4,492 square feet
(29.2%) hardcover currently exists in conjunction with the reconstruction of an existing deck
and patio; 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 November 19, 2012, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
Page 1 of 5
Minnesota:
CITY of ORONO
RESOLUTION OF THf QITY COUNCIL
NO. 6 ,, fl 8
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #12-3581.
2. The Property is located in the LR-1 C zoning district, where 0.5 acres is the
minimum lot area and 100 feet is the minimum defined lot width. The Property
is approximately 0.35 acre in area and has 79 feet in width at the OHWL and
65 feet at the 75' setback.
3. The Planning Commission reviewed this application on November 19, 2012
and on a vote of 7 -0 recommended approval of the variances, based on the
following findings:
a. The lot is provided with City sewer.
b. The Property is located in Tier 1 of Orono's Stormwater Quality
Overlay District and is limited to 25% hardcover based on gross lot
area.
c. The current level of hardcover and structure on the Property exceeds
the approved 1989 levels by 465 square feet and appears to be the
result of minor changes in the house, deck, driveway, and sidewalk at
or about the time of construction.
d. The Applicants purchased the Property as-is in October of 2007.
e. The Applicants' request will alleviate a practical difficulty inherent to
the existing hardcover and structural levels on the Property and not
created by the Applicants.
f. The Applicants' request is reasonable and will not alter the essential
character of the neighborhood and will result in minimal negative
impact on adjacent properties.
g. The Applicants' request is in harmony with the purpose and intent of
the ordinance.
Page2of5
CITY of ORONO
RESOLUTION OF l~f ITV COUNCIL
NO. . B
h. The proposed deck and patio are consistent with the comprehensive
plan.
i. The proposed deck and patio do not appear to adversely impact
adjacent properties.
4. The City Council has considered this application including the findings and
recommendations 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 as well as the
impact on properties in the vicinity.
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 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 the above findings, the Orono City Council hereby grants variances to Orono
Code Sections 78-1685 to allow 2,896 square feet (18.8%) structural coverage where 15% is
the limitation per City Code, 17.9% was previously permitted and 2,896 square feet (18.8%)
currently exists; and City Code Section 78-1700 to allow 4,492 square feet (29.2%)
hardcover where 3,834.5 square feet (25%) is normally permitted and 4,492 square feet
(29.2%) hardcover currently exists in order to reconstruct an existing deck and patio; subject
to the conditions listed below:
1. Council approval is based on the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
Any amendments to these plans may require further Planning Commission and City
Council review.
2. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining building and zoning permits
for the new construction and commencing construction of said project. A framing
Page 3 of 5
CITY of ORONO
RESOLUTION OF TH E CITY COUNCIL
NO. 6 1 8 8
inspection must be completed within one year of the date of Council approval , or the
variances will expire on that date (December 10, 2013).
3. 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 here in, and shall be punishable as a misdemeanor.
4 . The undersigned Applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of their heirs, successors and assigns , hereby agree to
.. ·/.,., --~~e recording of this resolution in the chain of title of the Property .
.. '; ·~ .. l .•. $ -:;!.,~·.\· . • ,
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\~_;·.: Adopted by the Orono City Council on this 10th day of December, 2012 .
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·. ~:·):t~~;liitl!ll~i;· Lili Tod McMillan, Mayor
Pag e 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ti 1 8 8
This instrument was acknowledged before me this \ 7 +:y of _\_D_~ ___ Vv'\.. __ ~
2012 by Michael Gerald Baskfield, husband of Sharon Joy Baskfield .
RACHEL DODGE
NOTARY PUBLIC· MINNESOTA
My Commission Expires Jan. 31, 2015
STATE OF MINNESOTA
COUNTY OF HENNEPPIN
This instrument was acknowledged before me this ) 7 ~ay of D-t_tem~(
2012 by Sharon Joy Baskfield, wife of Michael Gerald Baskfield .
MONICA A. FADNESS
NOTARY PUBLI C -MINNESOTA
My Commission Expires Jan. 31, 2017
"-1VlDYVlcvL ~
Notary Public
Page 5 of s
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LEGAL DESCRIPTION OF PREMISES :
Loi 7, Auditor"• Subdlvl1l0n No. 205 t.3;?
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Boarlnas shown 41ll based upon an u:iumod datum.
Thi, survey :ihow:i. the boundaric:s of the above described property,
tho location of an existing house and ched, and Iha locution of all
visible "fl~rdcovor" thereon, and the propo:ied locul!on or o proposed
po.lie and t!cck, It doc:i not purport to :.how any other Improvements
or ,mcroachmonb.
CERTIFICATE OF SURVEY FOR
MICHAEL G. BASKFIELD
OF LOT 7, AUDITOR'S SUBDIVISION NO. 265
HENNEPIN COUNTY, MINNESOTA
BLACKTOP DRIVEWAY
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2. PROPOSED HARDCOVEk DEC 05 2012
In the following table, identify all items of proposed hardcover on the property, keyed by
letter to Certificate of Survey (survey must accompany this form). Include all exfstIRgOF ORONO
hardcover items that are intended to remain, as well as all proposed hardcover items that
will be added. Use as many lines as necessary to accurately depict proposed hardcover
status of the property.
Key to Hardcover Item (Describe) Length x Width Total
Survey (Sciuare Feet)
.(Example) . (Garage) (24' X 30') 1720S.F.\
A rl t" .ti .r (:;' 2390 S.F.
s· .F/-/€{) ZS;> S.F.
C ~ 6"(1< /j 7 f J/c:-IJ J; S.F.
D 6't1rK /3'7 /Jtc"t'k .,,tJ'l/~I) 7 S.F.
E /l .t. ;fr k rt::~ #ill 1/f'u,,.A 'l' 112 3 S.F.
F C o,ur,( f' T<: ;t /J /1. o,v 6'6" S.F.
G n;McAn•f" w, ti< 18¥ S.F.
H r> ,...,., •i • ,-.. , ........ (T.{) ,9(' ~f'MI/Vft>) -t5j S.F. .--." r "' '"{ • -
I f 7' f' p ,f A-/ d A 7 Al C /:' Iii t, u rt So S.F.
J A/r .PA/) 5 S.F.
K ROl'L<' t>,i.) t:.A 11121 r /037 S.F.
L ('t.)'yU(' ~ i;-7'(.:' /A I) ~ S.F.
M 1~J01.n1 "--'./ALlS' ~? S.F.
N .!?Out.. I) r-~ / _,._/L t.,'-5' 172 S.F.
0 /J•-~ ~,, ..,.,.. -/)C,::-,?F-()ff'!<-(l'Q,g~ ~/;i',t/lV~ o) -z:-9-S.F.
p A,1K'W ~ €-CK 253 S.F.
Q A,JF,'C,(,,I /J.l;Tlt? ourn~r: oF ,~rK 29 S.F.
R S.F.
s ' S.F.
T S.F.
u S.F.
V S.F.
w S.F.
X S.F.
y S.F.
z S.F.
(1) Total Proposed Hardcover 570/ S.F.
:Excludable•Hardcover:
I< t(onk' '7/1./ /.:-.,1/ln/C /t:>37 S.F.
N IJ~.Ut.,tl i;"J( /..L./A.ll.5' / 72. S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover /2... 0 9 S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1 )J t/'t'92 S.F.
(4) Total Lot Area /S; 388 S.F.
Proposed Hardcover Percentage [ (3) + (4)] Z 9. /'J %
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Resolution
Exhibit 8
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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 December 10, 2012, with the original thereof on
file in my office, and the same is a correct transcription thereof.
City Clerk