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Home My WebLink About#05-3087 Recorded Resolution 5289.• t CITY of ORONO RESOLUTION OF THE CITY COUNCIL 28 9 NO. ______ _ TRANSFER ENTERED HEN NEP IN COUNTY TAXPAYER SE RVI CES 05 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279, 78-1288 FILE NO. 05-3087 WHEREAS, Andrew Freese and Marcia Freese, husband and wife (hereinafter "the applicants") are the owners of the property located at 2914 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract K, Registered Land Survey No. 461, Hennepin County, Minnesota (hereinafter the "prope1iy"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 and 78-1288 to allow construction of a half story above the existing two story house with interior renovations which require a hardcover variance for the 0-75' zone to permit 1.7% hardcover when 3.7% currently exists and 0% is normally allowed, a hardcover variance for the 75'-250' zone to permit 29% hardcover when 31 % currently exists and 25% is normally allowed and lastly an average lakeshore setback variance to permit construction of the half story over the existing footprint which encroaches into the required setback; where a hardcover variance for the 75'-250' zone of 27.34% and the requested average lakeshore setback variance were recommended for approval. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: ~ A.r.fr J'.V,'."' · ~r.r• ,il"'es I r·1c FINDINGS I\,._, ... ·· -' ·• ' ' · ~ Iv , f-, ·· · ., ,'~ ,. I 1 • J. 1. This application was reviewed as Zoning File #05-3087 2. The property is located in the LR -1 C, Zoning District which requires a minimum lot area of one-half acre and a minimum lot width of 100 feet. The applicants' prope1iy meets these requirements. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ _ 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of variances based on the following findings: a. Resolution #2630, approved in 1989, permitted a hardcover level of 27.34% within the 75'-250' zone. b. The applicants have provided a plan that would comply with the 1989 approved hardcover level of 27.34% and therefore no increase in approved hardcover is proposed. c. The average lakeshore setback would not be encroached upon further than the existing house, nor will any views be further encroached upon or impacted. d. The applicants have agreed to meet a hardcover level of 0% within the 0-75' zone. 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 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 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 Section 78-1279 and 78-1288 to allow Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 constmction of a half story above the existing two story house with interior renovations which require a hardcover variance for the 75'-250' zone of 27.34% and approval of an average lakeshore setback variance, 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 0%. Hardcover in the 75'-250' zone shall be limited to 27.34% per the proposed plan and hardcover allowance summary as depicted on Exhibit A and revised at the Public Hearing. 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 shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover ( except the driveway re-configuration) shall be completed by the first inspection for the proposed improvements. 5. The driveway re-configuration shall be completed prior to the final inspection for the proposed improvements. 6. Authorities granted by this resolution mn with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new constmction within one year of the date of Council approval, or the variance will expire on that date (Febmary 28, 2006). 7. 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. 8. 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, Page3of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 2 8 ~-; NO. ______ _ 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 28 th day ofFebrnary, 2005. ATTEST: Lnda S. Vee, City Clerk ~l -~~ Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 8 9 The foregoing instrument was acknowledged before me on this c1c3 day of Fr lnu 0-1r--, 2005 by Barbara A. Peterson, Mayor of the City of Orono , a Mim1esota municipal corporation and said instrument was executed on behalf of the City. !l?,'-8199!1l@J1119ai .. tlill-18111-a!O'il~~.~ KRISTI~. ANOER~ON f'.,l NOY/im' ~IC ~ M!NN!:S1 T, \ \ti •,: ,. My ~1i Eap!res J :). '.'I, -;,110, i:1 ~~! i ft .!e?!lh!J ~~-'-"..-,,.; ,,_j STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this 1/fl----day of ~~-\,---_, 2005 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. a RACHELDODGE . , NOTAR Y PUBLIC. MINNESOTA ~'.'.!.:Y M1• Commission Expires Jan. 31 , 20l0 L/2 o__, Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 8 ~ This instrnment was acknowledged before me this /!!day of Apr l {_ , 2005 by Andrew Freese, husba11d of Marcia Freese. BARB ARA G. S\LUS NOT ARY PUBLIC-MI NNESOTA My Commission Expires Jan. 31 , 2008 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrnment was acknowledged before me this _j/__ day of }v{wcil , 2005 by Marcia Freese, wife of Andrew Freese . e DE NISE M. LES KIN EN NOTARY PUBLI C -M0\N NESOTA My Commission Expires Jan. 31 , 2010 Ll<Sli2 Notary Public Page 6 of 6 041507 20/117/23 FREESE. ANDY & MARCIA -Ex\-\-\ B' -r ADVANCE SURVEYING & ENGINEERING CO. S300 S. Hwy. No. 101 Minnetonka. MN 55)45 Phone (952)474 7964 F::t."( {952) 474 8267 SURVEY FOR: ANDY & MARCIA FREESE ~ December 10, 2004 ~ December 131 2004 REVISED: December 20, 2004 le update addition. Jnnu,uy 25, 2005 to chnnge nddilion. febru:sry 7, 2005 lo add avemgc setback line. LEGAL DESCRIPTION: Tract~ Registered Lttnd Sur\'cy No. 461, Hennepin County, Minncsatn. SCOPE OF WOBK: I. Showing lhc leng1h and direction of boundary lines of the nbove lcg:d dcscriplion. The scopcorourservicesdoes !!Q! include determining wh:it you 0\\11, which is n !ego! mnttcr. ~ Please check the lcS!ll description with your records or consult with ·'-'1 competent legal counsel, (14; !!·,~~=~~s~~~:re that it is correct, :ind thnt :my m::1.ttcrs of record, ~ you wish shown on the survey. have been shown ,S 2. Showing the loculion of cxistini: improvements we deemed importunt @ J. Setting new monuments or verifying old monuments to murk the comers r.,)~ oflhc property. 11",J :~dS~~;v~~~ nr~~it:\~u~:ing hord cover und nn:n of lhc lol for your rc-.•icw O such_gO\-cmmcntal ngcncics os may hnvcjurisdit:tion ot,·cr hart.I cover : ~~~1 1:e,::· show proposed improvements to your property, we not lfif ~-~--D plnns :LS you nrc nor ure we :is familiur with the requiremcnlS or govcmmcnlnl agencies :ts their employees :ire. We suggest th:tt you rc\•icw the survey to confirm thnt the propos.tls urc whut you --- intend nnd submit the survey lo such go\'cmmcntal ugendes as may h:ive jurisdiction over your project lo gnin their :ipproVttls ff you cnn. STANDARD SYMBOLS & CONVENTIONS: • • ~ Denotes 1/2" ID pipe wilh plastic plug ~ring State License Number 923S, :iet. unless otherwise noted. I '.hcn::by certify that thi, plan. specification. n:port or :rurvcy wns prepared by me or uadcr my direct supcrvir;iou and that I am 11 licco.scd Profcssionel Eogi:oecr ii.nd Professional Surveyor under the laws of !he State ofMinncsotD. ~cr,oo 'H Qda,00 ~llrl<crP.E. &: P.S. No. 9235 f'/\lNJMJ\L .. ,& l--~D1~e:i OU~IDE Pffll O DOo~S $t\-AlL ftt t--JGUJ P6D IN l'HE. 2..7. ~0/4 lt~lOv EJ2.. A VR\ \J t:J/J N{ Sf\-.Af_L f,E: 9£-(..0 N fl E:r V ~ED 1 N kJ ~ff 012-1 iD P-0)0 C£ tt~v' e-R. - PrS Pf<.E$ENTEP Po i1-fE P v f vat v t-\ EAAJ NG~HIC AP-PROVED HARDCOVER. 0-75' Zone 13,287 s.f. @ 0% Hardcover 75'-250' Zone 12,335 s.f. @27.34% Hardcover SCALE l-.-..-l..J-~ -= j ( IN F£rt'} ~@ 1)>~'?, TO 8'E 'fleMov ~1> - 0 µ ttlrtlDCD V £ ~ ALU) W £l) I tJ 0=75' 1.)) NE ... ~~ 1.rP" ~JJ>> ........ @¥(~"' ,.,Gj,~> .... ~~f',p- ··)i'l'l"' gza; Drw. No. 041507 ::n -~ ··• 00 "° ,, :.'., -·~~ ~ ~ ,..,,,, • ,I ~i ... ..-4 ~ 4 13 47 /13 ::;3 OFFICE OF_THE P~EGlSTRAR~ Or TITLtS -{,_ N COUNTY, Ml CERTIFIED FJELD ON 2 ~(