HomeMy WebLinkAboutLA20-000042 2520 Casco Pt Rd, VAR, Ex A Draft Resolution.CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350
FILE NO. LA20-000042
WHEREAS, on June 24, 2020, Lake Country Builders o/b/o Ron and Holly Rocca
(“Applicants”), applied for a variance from the City Code for the property addressed 2520 Casco
Point Road and legally described as:
The southwesterly half of Block 6 Lot 4, TOWNSITE OF LANGDON PARK,
Hennepin County, Minnesota. (hereinafter the “Property”);
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 to allow an addition to encroach into
into the side yard setback; and
WHEREAS, on June 24, 2020, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on July 20, 2020, the Planning Commission recommended approval
of the variance; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1.This application was reviewed as Zoning File #LA20-000042. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2.The Property is located in the LR-1C Zoning District.
3.The Property contains 0.52 acres in area and has a defined lot width of 64 feet.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance:
a. Side yard setback
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variance is in harmony with the intent and purpose of the Ordinance. The
project reduces hardcover bringing the property into conformance. The side yard
setback is minimal and reasonable for stair access.
2. The variance is consistent with the comprehensive plan. The proposed project to
remodel an existing home on a narrow lot working to meet all official controls. The
side yard setback variance is looking to address existing conditions within the
home. The project is working to follow the goals of the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The proposed project to remodel an existing
home on a substandard lo while bringing the hardcover into conformance
with a minimal encroachment within the side yard to allow access to existing
stairs is following to goals for comprehensive plan.
b. There are circumstances unique to the property not created by the landowner; the
existing home and substandard lot are unique and not created by the
property owner. and
c. The variance will not alter the essential character of the locality. . The variance
is requested in order to permit an addition to the home designed to fit the
character of the neighborhood according to the submitted information.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as single family home is an allowed use in
the LR-1C District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The property’s substandard width as well
as the existing home create difficulties and are peculiar.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The applicant is working to keep the existing home with the proposed
addition showing a small 2x6 encroachment into the side yard setback to allow for
a landings to an existing stairway. The current property which exceeds city
hardcover requirements will be brought into conformance. The existing conditions
are unique to this property and the proposed project would bring the overall
hardcover for the property closer to conforming to the City regulations.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting to side yard setback variance is
necessary for the use and preservation of the property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances in this unique situation is not contrary to the intent of the
zoning chapter.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The variance does not merely serve as
a convenience to the applicant. The variances are necessary as the property has
practical difficulties affecting development.
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 78-350 to allow an addition into the side yard
setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated June 15, 2020 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibit A.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. 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 and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (August 13, 2021).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 13th day of August, 2020.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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S1Minnetonka, Minnesota 55345
Phone (952) 474-7964
17917 Highway 7
Web: www.advsur.com
Advance
Surveying & Engineering, Co.
LAKE COUNTRY BUILDERS
2520 CASCO POINT ROAD
CLIENT NAME / JOB ADDRESS
ORONO, MN
SHEET TITLE
PROPOSED SURVEY SHEET NO.
SHEET 1 OF 1
DRAWING ORIENTATION & SCALE
40200 200919 JR
DRAWING NUMBER
LEGAL DESCRIPTION:
The southwesterly half og Lot 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services
does not include determining what you own, which is a legal matter. Please check the legal description with your
records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of
record, such as easements, that you wish to be included on the survey have been shown.
2.Showing the location of observed existing improvements we deem necessary for the survey.
3.Setting survey markers or verifying existing survey markers to establish the corners of the property.
4.This survey has been completed without the benefit of a current title commitment. There may be existing
easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey
does not purport to show any easements or encumbrances other than the ones shown hereon.
5.Showing elevations on the site at selected locations to give some indication of the topography of the site. We have
also provided a benchmark for your use in determining elevations for construction on this site. The elevations
shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other
feature shown on the survey when determining other elevations for use on this site or before beginning
construction.
6.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as
you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard
grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with
local codes and minimum requirements as the local building and zoning officials in this community are. Be sure
to show this survey to said officials, or any other officials that may have jurisdiction over the proposed
improvements and obtain their approvals before beginning construction or planning improvements to the property.
7.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and
or stucco of the building.
8.While we show the building setback lines per the City of Orono web site, we suggest you show this survey to the
appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this
survey to design anything for this site.
STANDARD SYMBOLS & CONVENTIONS:
"●" Denotes iron survey marker, set, unless otherwise noted.
SHEET SIZE 22 X 34
SCALE - 1" = 20'#
LICENSE NO.
DATE
JUNE 9, 2020
DATE DRAFTED:JUNE 9, 2020# 52716
Joshua S. Rinke
MAY 15, 2020DATE SURVEYED:
SURVEYED BY
ADVANCE SURVEYING. & ENG., CO.
GRADING & EROSION CONTROL NOTES:
BEFORE DEMOLITION AND GRADING BEGIN
·Install silt fence/bio roll around the perimeter of the construction area.
·Sediment control measures must remain in place until final stabilization has been
established and then shall be removed. Sediment controls may be removed to
accommodate short term construction activity but must be replaced before the next rain.
·A temporary rock construction entrance shall be established at each access point to the
site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into
the site and shall be underlain with permeable geotextile fabric. The entrance shall be
maintained during construction by top dressing or washing to prevent tracking or flow
of sediments onto public streets, walks or alleys. Potential entrances that are not so
protected shall be closed by fencing to prevent unprotected exit from the site.
·Contractor shall install inlet protection on all existing storm sewer inlets in accordance
with the city standard details. Inlet protection shall also be provided on all proposed
storm sewer inlets immediately following construction of the inlet. Inlet protection must
be installed in a manner that will not impound water for extended periods of time or in a
manner that presents a hazard to vehicular or pedestrian traffic.
DURING CONSTRUCTION:
·When dirt stockpiles have been created, a double row of silt fence shall be placed to
prevent escape of sediment laden runoff and if the piles or other disturbed areas are to
remain in place for more than 14 days, they shall be seeded with Minnesota Department
of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray
mulch.
·A dumpster shall be placed on the site for prompt disposal of construction debris.
These dumpsters shall be serviced regularly to prevent overflowing and blowing onto
adjacent properties. Disposal of solid wastes from the site shall in accordance with
Minnesota Pollution Control Agency requirements.
·A separate container shall be placed for disposal of hazardous waste. Hazardous wastes
shall be disposed of in accordance with MPCA requirements.
·Concrete truck washout shall be in the plastic lined ditch and dispose of washings as
solid waste.
·Sediment control devices shall be regularly inspected and after major rainfall events and
shall be cleaned and repaired as necessary to provide downstream protection.
·Streets and other public ways shall be inspected daily and if litter or soils has been
deposited it shall promptly be removed.
·If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the
site in the rock entrance areas
·Moisture shall be applied to disturbed areas to control dust as needed.
·Portable toilet facilities shall be placed on site for use by workers and shall be properly
maintained.
·If it becomes necessary to pump the excavation during construction, pump discharge
shall be into the stockpile areas so that the double silt fence around these areas can filter
the water before it leaves the site.
·Temporary erosion control shall be installed no later than 14 days after the site is first
disturbed and shall consist of broadcast seeding with Minnesota Department of
Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray
mulch.
·Erosion control measures shown on the erosion control plan are the absolute minimum.
The contractor shall install temporary earth dikes, sediment traps or basins and
additional silt fencing as deemed necessary to control erosion.
SITE WORK COMPLETION:
·When final grading has been completed but before placement of seed or sod an “as
built” survey shall be done per City of Orono requirements to insure that grading was
properly done.
·When any remedial grading has been completed, sod or seeding shall be completed
including any erosion control blankets for steep areas.
·When turf is established, silt fence and inlet protection and other erosion control devices
shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to
deliver a site that is erosion resistant and clean.
·Contractor shall maintain positive drainage of a minimum 2% slope away from
proposed building.
6/18/20
24
'
-
0
"
RAMP UP
2'
-
0
"
9'
-
0
"
2'
-
0
"
9'
-
0
"
2'
-
0
"
32'-0"
+0
-2"-9"
6
TREADS
ADDED
DN
4-8,6-8
BATHROOM
D100
OFFICE
INFILL (E)
WINDOW
INFILL (E)
WINDOW
W2 W3W1
W4W5
2-8,6-8
D101
FRZR
DRYER
WSHR
3'-1 9
16"
STAIR
REMOVE
NEW STRUCT.
BEAM
22'-0"
3'-6"
5'-51
2"
3'
-
6
"
NEW
PANTRY
4'-8"
2-8,6-8
D102
CBNT
EXSTG
KITCHEN
2'
-
0
"
6'-0"
PROPERTY LINE
5'
-
6
"
7'
-
6
"
W6
26'-0"
Date:
Rocca
Wayzata, MN
2520 Casco Point Rd
Residence
The
Project:
BRiCK
HOUSE
ARCHITECTS
CLARIDGE & FALK
www.brickhousearchitects.com
Title:
1/4"
A1.1
Main Floor
ALL DRAWINGS COPYWRITE 2020
LAKE COUNTRY BUILDERS, LTD.
General Contractor:
Lake Country Builders LLC
339 2nd Street
Excelsior, MN 55331
Contact: Patrick Jacobson
(952) 474-7121
Plan
3/12
9'
8'
13
'
-
5
"
6/18/20
W4W5
1'
-
7
"
W6
3/12
1'
-
7
"
W1W2W3
Date:
Rocca
Wayzata, MN
2520 Casco Point Rd
Residence
The
Project:
BRiCK
HOUSE
ARCHITECTS
CLARIDGE & FALK
www.brickhousearchitects.com
Title:
1/8"
A2.0
Exterior
ALL DRAWINGS COPYWRITE 2020
LAKE COUNTRY BUILDERS, LTD.
General Contractor:
Lake Country Builders LLC
339 2nd Street
Excelsior, MN 55331
Contact: Patrick Jacobson
(952) 474-7121
Elevations
North (Front Yard) Elevation
East (Side Yard) Elevation West (Side Yard) Elevation
6/18/20
3/12
4"8"
1'-4"
7"
9"
ENGINEERED ROOF TRUSSES
FO
R
M
E
R
D
O
O
R
9'
-
8
7 8"
5'
-
2
"
3'
-
6
"
EXISTING GRADE AT HOUSE
2"
Date:
Rocca
Wayzata, MN
2520 Casco Point Rd
Residence
The
Project:
BRiCK
HOUSE
ARCHITECTS
CLARIDGE & FALK
www.brickhousearchitects.com
Title:
3/8"
A3.0
Sections
ALL DRAWINGS COPYWRITE 2020
LAKE COUNTRY BUILDERS, LTD.
General Contractor:
Lake Country Builders LLC
339 2nd Street
Excelsior, MN 55331
Contact: Patrick Jacobson
(952) 474-7121
ENGINEERED ROOF TRUSSES
8'
-
0
"
O.
H
.
D
O
O
R
3'
-
6
"
7"
3'-6"
1'-0"
8"
2"
STEP NEW FOOTING
DOWN TO EXSTG
HOUSE FOOTING
6/18/20Date:
Rocca
Wayzata, MN
2520 Casco Point Rd
Residence
The
Project:
BRiCK
HOUSE
ARCHITECTS
CLARIDGE & FALK
www.brickhousearchitects.com
Title:
3/8"
A3.1
Sections
ALL DRAWINGS COPYWRITE 2020
LAKE COUNTRY BUILDERS, LTD.
General Contractor:
Lake Country Builders LLC
339 2nd Street
Excelsior, MN 55331
Contact: Patrick Jacobson
(952) 474-7121
6/18/20
W7W6
16
'
-
3
3 4"
9/12
ENGINEERED ROOF TRUSSES
9'
-
1
1 8"
8'
-
8
5 8"
4"
2'
-
0
"
8"
9'
-
5
1 8"
2X4 EXTERIOR WALLS
9/12
2-8,6-8
D102
W6W7
16
'
-
0
"
24'-0"
4'-4"
3'
-
0
"
4'-0"
CONCR. STOOP
8'
-
0
"
Date:
Rocca
Wayzata, MN
2520 Casco Point Rd
Residence
The
Project:
BRiCK
HOUSE
ARCHITECTS
CLARIDGE & FALK
www.brickhousearchitects.com
Title:
Scale Varies
S1.0
Detached
ALL DRAWINGS COPYWRITE 2020
LAKE COUNTRY BUILDERS, LTD.
General Contractor:
Lake Country Builders LLC
339 2nd Street
Excelsior, MN 55331
Contact: Patrick Jacobson
(952) 474-7121
Shed
Drawings
South Elevation East Elevation North Elevation West Elevation
Section Floor Plan