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Home My WebLink About#05-3089 Recorded Resolution 5316RESOLUTION OF THE CITY COUNCIL Ss l 6 NO. ______ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288, 78-1279 (6), 78-1438 FILE NO. 05-3089 WHEREAS, Theodore Rozeboom and Deborah Rozeboom, husband and wife (hereinafter "the applicants") are the owners of the prope1iy located at 2967 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract B, R.L.S. No . 1470, He1mepin County, Minnesota Metro Lee-a l Services Inc. .... (hereinafter the "property"); and Box 491 WHEREAS, the applicants have made application to the City of Orono for an average lakeshore setback variance, hardcover variance, and building-to-building setback variance to Orono Municipal Zoning Code Sections 78-1288, 78-1279(6), and 78-143 8 to allow reconstruction of the existing lakeside porch, relocate a hot tub in a non-conforming location to the roof of the proposed new porch, and construction of a new roof overhang on the street side of the home between the existing detached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File 05-3089. 2 . The property is located in the LR -1 C, One Family Lakeshore Residential District which requires a minimum lot area of 0.50 acres and a minimum lot width of 100 feet. The applicants' prope1iy is 0.48 acres in area and 82' at the shoreline and 76' at the 75' setback . 3. The Planning Commission reviewed this application at public hearings held on March 21, 2005 and April 18, 2005 and recommended approval of the requested variances based on the following findings: Page 1 of 6 • I CITY of ORONO a. No further encroachment of the average lakeshore setback will result with construction of the lakeside porch in the same location, and therefore no existing lake views enjoyed by neighboring property will be impacted negatively. b. Placement of the existing hot tub on the roof of the lakeside porch, while technically an encroachment, will not negatively impact views to the lake enjoyed by neighboring property owners due to the height. c. The current location of the hot tub is non-conforming in that it is within 10' of the side lot line. d. The deck and fence existing on the side lot line in place for use of the hot tub, will be removed. e. Excess hardcover within the 75'-250' zone will be removed and result in a conforming percentage of 25%. f. The proposed roof overhang attached to the principal structure and to extend to 5' from the detached garage will merely be an extension of the existing non-confom1ing building-to-building setback existing between the house and detached garage. g. The proposed roof overhang will meet the required 10' setback to the side property boundary. 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 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 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 Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 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 an average lakeshore setback variance, hardcover variance, and building-to building setback variance to Orono Municipal Zoning Code Section 78-1288, 78-1279(6), and 78-1438 to allow reconstruction of the existing lakeside porch, relocate a hot tub in a non-confo1ming location to the roof of the proposed new porch, and construction of a new roof overhang on the street side of the home between the existing detached garage, 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 660 s.f. or 11 %. Hardcover in the 75'-250' zone shall become conforming at 25% and hardcover within the 250'-500' zone shall not increase above 1600 s.f. or 64.4% as depicted on Exhibit A. 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. Hardcover calculation worksheets shall be submitted with the building permit to verify compliance with the hardcover calculation represented on attached Exhibit A. 4. The applicants may phase the hardcover removals as shown on attached Exhibit A; however, all hardcover removals shall be completed at the time the garage is changed to a front load, for which a permit must be obtained no later than April 25, 2006. The hardcover removals shown as phase 1 must be completed prior to the final inspection for the lakeside porch. 5. 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. Page 3 of 6 " ,tl{ r·.i \:•,;:· :!;. ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 3 Jl 6 6. The only access to the hot tub shall be internally from the house so as to eleminate negative impacts on lake views that would be created by new outside stairways. 7. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 25, 2006). 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 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 25 th day of April , 2005 . . -4.;,4 ,aJ.lliE-:r: ~.JJ~:1}i~W!}~~i-· J1r,~~1. Barbara A. Peterson, Mayor Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 53 1 6 NO. ______ _ The foregoing instrument was acknowledged before me on this r.:f5 ~ of p-p,,..,;_l , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan . 31 2010 ' ~ STATE OF MINNESOTA COUNTY OF HENNEPIN ..... C Notary Public , The foregoing instrument was acknowledged before me on this { J8 \1;y of ;J-n,,. ..... c l , 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. RACHEL DODGE NOTARY PUBLIC -MINNESOTA , My Commi ssion Expires Jan . 31, 2010 ~-~?~---.. :·: c & a_ ' k l /_;}cc ( (L-,., Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 ~j J1 ~Yi This instrument was acknowledged before me this d1 t'~y of Apr ~l , 2005 by Theodore Rozeboom, husband of Deborah Rozeboom. BARBARA G. SfLUS ~IOTAR Y PUBLIC· MINNESCiT1\ My Commission Expires Jan. 31 , 2coa STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ~ 7f day of __ A_·,_;)_r_,_,_, 2005 by Deborah Rozeboom, wife of Theodore Rozeboom. RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan . 31, 201 O Notary Public Page 6 of 6 t;u-l:tmiU-6::l: fcc ~N:Q ; \'i°, \ ()I? ~ · ~ecl ~dw.rar \~¼·:~t wew ProtdWJgr • Ox1~ -N!ll~ion ~- ,1 /NSET. ~6"4tt~]' N ~(l i:'16 ,,,.(ii - ii:, C) :::, <:) C) ~ J!, fXH\f::>l -r A c,tfl n; ·~~~ ~ '<>-0 I l'-1 C,::, t\:) -·o 00 t\:) - / - EXISTING HARDCOVER .~l1nq6ar"'lc o,ooo~{rJ(JI)( ~~1-\ fl!J.C>':f-\, ~ Ext .-;tlil-'j -• . :\ ';_:cl 0 \l> tj 0-75 feet Walls~ Patio, Deck and Stairs 660 Sq.Ft. Toto/ Hardcover Lot Area ~t. Wct\<UJ . 59B4 Sq.FL ~~16 "'-~,ti-, otof,:.(.W,tt~) Y,ild,,11""" ""°"' "" llt.,tdl \.. ·•·~ ~75" Satbo; '·,\. me~i!ll 'f~oru:e •~ ~~ \IOO!l'1b,11DIJS i]t' ' \ i\\.,i,_.:,, ~ . .,."'~ \~--. ~ ~ Ci> · •Je;•,,.,· ----er 3- 0> LAKE ""~~,\~ ~·~t,_ . '~'\\'\\~~\ \- MINNETON o Denotes iron monument • Denotes found monument x 000.D Denotes existing alev. [ODO.DJ Denotes proposed elev. Deno~s surface dro,ir"age \\\' t ~~ DEMARS-GABRIEL I heni:by c:c:rUJ)' that. this SUN.CY~ pfon or r~port was prepared by me or under my direct supen,jsicn and that I om a duty Registered Land Surv~ :f G, Stole ~f Minnesota. LAND SURVEYORS, INC. .3030 Harbor Lone-No .. Plymouth, MN 55«7 Phane:(763) 559-0908 Fox :(763) 559-0479 D_ovid /;. Crook Dole: February 21, 2005 Minn. Re9.. No • ..2U:l.±... ·-t(xlci LEGAL Moll& llolt o \, -l:o uppi!! Ved:,. ti){j( f'ordt DESCBIPTION: TRACT B,. (?.L.S. NO. 1470 REVISED CONTOURS MARCH 14, 2005 e, . .,. ,, i> '·,.,,,;/< ,r~· ~6 Ni-- 03 .i,: 0, "'.-<r,, -:,;\ :: t:c.1 f<Zo?Q~f;Q 1Z~D!J.~Lf4XJ0 1':i •1..'60 (e<i~-ttCl'l.J -1'lo' ~din1ii:j wc.\l -llcl'Tuu ◄ ·~ · 1?rivo-\:o ual~ • f.et,r.ll.il\ ihtj D'iue • OYEP.I\Ar-lci • fJti<J &JJo.t-(i r:t1iJa 4144-5f c~~f) (1&0 ~f) Cito ~r) (7'ZO Sf) ±110 ~ ~1t1.o :w 7. ~f Hardcover = 11.0" 75-250 feet House Garage Drive. Patio. Wal~ and Walls Toto/ Hardcover Lof Area 1350 Sq.Ft. 505 Sq.Ft. 2289 Sq.Ft. H44Sq.Ff. 124.67 Sq.Fl. " of Hardcover = 33.27. 250-500 feel Drive, Wolfs Toto/ Hardcover Lot Area % of Hardcover 7600 Sq.Fl. 1600_S!l:Q_ /..lo (,\\Cl. 2485 Sq.Ft. 64.4 " Ut:Q rtt7GCJ(Z. '3'144 'SF · '1.'3.£1.. SITE ADDRESS: 2967 CASCO POINT ROAD Fife No. 12761 B CERTIFICATE OF SURVEY FOR: Book-Page 426/31 Scale 1"=30' THE DANBERRY COMPANY-MR. JEFF DANBERRY (.J. c~ ffe,,,,,. (I) <1' \..' C <1 ~ ..:, 41C.0S~8 Lo9LoCJ~i OFACE OF THE REG ISTPAA OF TITLES HENNEPIN CO UN TY, MINN ESOTA CE.RTif\ED FILED ON ~ JUL 2 6 2005 f . ~4a/~ .r G1.ST~!R l5f= TITLES llo ~~