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Home My WebLink About#3545 Recorded Resolution 6120c)8D7 ~ Po111f /(oad 1111 Ill 1111111111111 Doc No T4947019 Certified, filed and/or recorded on 4/17/12 12:00 PM ..... Office of the RegistrarnfTitles Hennepin County,.,M'\'nnesota Rachel Smith, Actin9:?l~egistrar of Titles Mark V. Chapin, C~,\.m1y Auditor and Treasurer ,-Hi'" Deputy 21 ,·i'v Pkg ID 795304M ¾, Doc Name: Re;:;dlution +.?- "/: DocumentJ~,ecording Fee Document Total t' -~f -1"" ,.Existing Certs ,{'·' 796239 This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 New Certs CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 2 0 A RESOLUTION GRANTING A 75' -250' HARDCOVER ZONE VARIANCE FOR A PROPOSED ADDITION AND AN AVERAGE LAKESHORE SETBACK VARIANCE ON THE PROPERY LOCATED AT 2807 CASCO POINT ROAD FILE NO. 12-3545 WHEREAS, John M. Bailey and Patty L. Bailey, a married couple (hereinafter the "Applicants") have an interest in the property generally located at 2807 Casco Point Road within the City of Orono (hereinafter the "City") which is legally described as follows: LEGAL DESCRIPTION OF PREMISES: Lots 123 and 124, That part of Lake Shore Avenue, vacated; lying between the extensions across it of the Southeasterly line of Lot 123 and the Northwesterly line of Lot i23; That part of Lake Shore Avenue, vacated, lying between the extensions across it of the Southeasterly line of Lot 124 and line extending from the most Westerly comer of Lot 124 to the most Northerly corner of the tract of land across from Lot 124 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park Tliat tract onand across from Lot 123 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; Thattract of land across from Lot 124 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; That part of Lot 126 described as beginning at the Northeast corner thereof, thence Westerly along the Northerly line·thereof 20 feet, thence Southerly parallel to-the Easterly line of Lot126 a distance of 38 feet, thence Easterly-to a point onthe Easterly line of Lot '126, distant38 feet Southerly along the Easterly line of Lot 126 from the Northeast corner of Lot 126, thence Norther1y along.ihe Easterly line of Lot 126 to the .point of beginning; Spring Park (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to permit 27.12% hardcover in the 75' -250' hardcover zone where 28.16% currently exists and 25% is nonnally allowed; and WHEREAS, the Applicants have also made application to the City of Orono for a variance to permit construction of a proposed addition four ( 4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 ? Q NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS .1. This application was reviewed as Zoning File 12-3545. 2. The Property is located in the One Family Lakeshore Residential District (LR-lC) and is included within the shoreland overlay district which regulates hardcover based on distance from the OWHL of Lake Minnetonka. 3. The Applicants are proposing to expand the existing home on the Property to increase livable space, while simultaneously removing existing structure and hardcover such that the net result will be a 1.04% reduction (171 square feet) in overall hardcover. 4. In addition to the proposed 1.04% reduction in hardcover, the Applicants will be removing 365 square feet of illegal plastic under landscaping as a component of the proposed project. 5. The existing home is currently twelve (12) feet beyond the average lakeshore setback line (the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots). 6. The proposed addition will be four (4) feet beyond the average lakeshore setback line. 7. The Property is located at a point where the peninsula curves which results in the neighboring home's prominent lakeside view being oriented away from the subject home and the proposed addition location. 8. The Plamling Commission reviewed this application at a public hearing held on February 21, 2012 and unanimously recommended approval of the requested variances based on the following findings: a. The proposed addition will not impact light and air from reaching adjacent properties, and results in a home that is still conforming to structural coverage maximums. b. The proposed addition will not block prominent lake views from the lakesides of the neighboring homes. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 2 0 c. Proposed improvements will result in a net hardcover reduction of 171 square feet (536 square feet including elimination of illegal hardcover), which will improve stormwater quality on the Property fulfilling a main goal in the comprehensive plan. d. The proposed addition location and size is reasonable as it will be conforming to mass and side yard setback requirements, and will not block a prominent lake view currently enjoyed by the neighboring home. e. The location of this home and the neighboring homes are unique due to their positioning on a curve within the peninsula. f. The proposed addition will not alter the essential character of the locality. g. The Applicants are not proposing to construct the proposed addition solely for economic considerations. h. The location of homes in relation to the curve on the peninsula is a unique circumstance which differentiates the Property from others within the City of Orono. 1. Approval of the variance is necessary for the preservation and enjoyment of the Applicants' right to use the Property for a single-family dwelling conforming to allowable size requirements within a location conforming to the intent of code. J. Allowing the proposed addition will not impair the health, safety or morals of the community. k. Granting of the variances is necessary to alleviate a demonstrable difficulty ( e.g. conforming expansion of the home). 9. 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 variances on the health, safety and welfare of the community. 10. The City Council finds that the Applicants' requests 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 the requested variance to Orono Code Section 78-1288(a)(l) to construct an addition onto the existing home on the Property with 4,459 square feet or 27.12% hardcover in the 75' to 250' zone when 25% Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 1 2 0 NO. _______ _ hardcover is allowed; and also grants the requested variance to Orono Code Section 78-1279(6) to permit construction of a proposed addition four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots; subject to the conditions listed below. 1. Council approval is based on the plan submitted by the Applicants dated January 10, 2012, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 7 5' to 2 5 0' zone shall be limited to 4,459 square feet or 2 7 .12 % per the proposed survey/site plan as depicted on Exhibit A. The 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 concunent reduction in existing hardcover. 3. The Applicants shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction. 4. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 5. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application, and existing drainage patterns shall be maintained except as authorized by the City Engineer. 6. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan (S\VPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 7. The Applicants will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCWD approval. 8. The City Engineer shall have the option to inspect the Property at the Applicants' expense during the construction process to ensure on-going compliance with all engineering requirements. 9. The variance shall expire one year from the date of resolution. Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 2 0 -------- 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, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12th day of March, 2012. . \\I. ·1-f. t ./ , .. ,''Ai'tESt'', · ~-. '.· ,. . ' ' . :, ,· . ·:; My Comm. Exp. 05-20-2015 C,J/fVaJ.r; STATE OF MB<fNESO'FA COUNTY OF HEl-'&ffiPil>J,,, iiL-WKIUL. Lili Tod McMillan, Mayor Notary Public e~1,c_ 1 A This instrument was acknowledged before me this~ 0 day of ,llllu, vvfA. L. Bailey, wife of John M. Bailey. Notary Public Page 5 of 5 , 2012, by Patty EXHIBIT "A" CERTIFICATE OF SURVEY FOR JOHN BAILEY IN LOTS 123 & 124, SPRING PARK HENNEPIN COUNTY, MINNESOTA Thal par\ or Lake. Shore Avenue. vacated, lying between the extensions BttO!.S It of lhe Southea&tefiy ine of Lot 124 and lme extending lrom the mo.st We.steny comer or Lot 124 to the most Norther1y comer of the tract or land across trom Lot 124 on the oppolile side of L.ake Shore Avenue as designated and defined Ill the instrument otoedleatlOn on tne ~lat or Sprtng PaO:: That tract of tand aaoss from Lot 123 on 1he opposite s!de of Lake ShOfe Avenua ss designated ard defined in the instrument of cledlCSUOn on tne plat O! Spang Pait: ·That tract of iaod sanas from Lot 124 on the opposite 5kie of Lske ShOre Avenue as des,i;inated ard defined in the instrument of oed1Cation on toe plat of Spang Pait: Tnat part cf Lot 126 described •• be¢nnlll0 attM Nont,sast comer tnere()f, tnence Westerly along tne Norlherly tu,e tnereof 20 feel tneoo, Southerly paraHel to toe E.asten'/ llne ot LOt 126 a distance of 3B ie:et. thence Easterly to a point on the E.asterty kne or Lot 128, du.tant"38 leet Soutnertv atong tne E.asterty line or Let 128 from the Northeast c.omerorLot 126, thence Northerly a,ong the Easlef1y line of Lot 12610 the point of be!Jlnnlng; Spring Pan< This~urvey ShO'NStne boundariesoftne ab0vedescr1bed propeny, and tne kx:aUOn of an exisbnp hoUSe, parage, dnveway, and alt other VlsltMe .. narocover" mereon, and tne lOpoQf'Bphy of the property. ll does not pllf?Ort to ahCJIN any other improvements or eneroadlments.. •. Iron mane.er foU1d · ....+1r Existrn11 cont.our lne Bearings stlQ'M1 are based upon an assumed dab.an !.or GRONBERG & ASSOCIATES, INC, 11-366 -------------------------- oo;;;-~v•'---"•-• • Exhibit A ,, o 1 2 0 0 20 40 80 Ii I 111111.11 ... , ...... 1 ----1 SCALE IN FEET I HEREBY CERTIFY 111AT 1HIS SURVE't', f>V,N, OR REPOITT WASPREPAREDBYMEORUNOERUYDIRECT"SUPERI/\S10NAHD DATE~ JOB NO 11-366 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 March 12, 2012, 2012, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 19th day of March , 2012. >: ... () City Clerk