HomeMy WebLinkAbout#10-3479 Recorded Resolution 6060/ /
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Doc No A9702338
Certified filed and/or recorded on
10/10/11 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H . Cunniff, County Recorder
Jill L. Alverson , County Auditor and Treasurer
Deputy 53 Pkg ID 742175
Doc Name: Variance
Document Record ing Fee $46 .00
Document Total $46 .00
This cover sheet is now a permanent part of the recorded document.
A RESOLUTION
GRANTING AV ARIAN CE TO
MUNICIPAL ZONING CODE
SECTIONS 78-350 and 78-1288
FILE NO.10-3479
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 0 6 0
A RESOLUTION
GRANTING AV ARIANCE TO
MUNICIPAL ZONING CODE
SECTIONS 78-350 and 78-1288
FILE NO. 10-3479
WHEREAS, Phillip Whipple, a single person (hereinafter "the Applicant") is the
owner of the property located at 3095 Casco Point Road within the City of Orono (hereinafter the
"City") and legally described as Tract A, Registered Land Survey No. 1311 files of Registrar of
Titles, Hennepin County, Minnesota (hereinafter the "Property"); and
WHEREAS, the Applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350(B) to allow construction of a new
residence on an existing lot 60-feet in width at the OHWL and 65-feet in width at the 75-foot
setback where 100-feet is required; and
WHEREAS, the Applicant has made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1288 for a variance within the 75 '-250'
zone to allow 29.7% hardcover where 25% is normally allowed and 32% currently exists; and a
variance within the 250' -500' zone to allow 34.6% hardcover where 30% is normally allowed
and 36.7% currently exists in conjunction with the construction of a new home and new detached
garage; and
WHEREAS, within the Oto 75' foot zone 194 square feet of hardcover currently
exists; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission and
Orono City Council held a public hearing on June 20, 2011 at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 10-3479.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 0 6 0
2. The Property is located in the LR-lC One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 0.5 acres and a minimum lot width
of 100'.
3. The Planning Commission reviewed this application at a public hearing held on
June 20, 2011 and recommended approval of 75' to 250' zone hardcover and lot
width variances based on the following findings:
a. The Property contains 31,686 s.f. (0.73 acre) in area and has 60 feet in width
at the OHWL and 65-feet in width at the 75-foot lake setback.
b. Sanitary sewer is available.
c. There is no additional land available to bring the lot area into conformity.
d. The Applicant has agreed to install a rain garden on the Property to infiltrate
stormwater resulting from the long, steep driveway.
e. The Applicant's proposal results in an overall reduction in hardcover.
f. The Applicant's request will alleviate a practical difficulty inherent to the
Property and not created by the Applicant.
g. The Applicant's request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
h. The Applicant's request is in harmony with the purpose and intent of the
ordinance.
1. The Council found no practical difficulty exists to support granting of the
requested 250' to 500' zone hardcover variance.
J. The 250' to 500' zone hardcover variance would serve as a convenience to the
Applicant and the Applicant will not be deprived of a substantial property
right by denying the hardcover variance.
k. The Applicant has provided a plan which demonstrates their ability to meet
the requirements of the hardcover regulations within the 250' to 500' zone.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY T)OUNCIL
NO. 6 0 6
1. The Applicant has demonstrated that enforcing the 75' to 250' zone hardcover
and lot width provisions of the Zoning Ordinance deprive the Applicant of the
reasonable use of their Property.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Applicant and the public, and the effect of the proposed variance 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 Applicant, but is necessary to alleviate a practical difficulty; is
necessary to preserve a substantial property right of the Applicant; 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 a
variance to Orono Municipal Zoning Code Section 78-350(B) to allow construction of a new
residence on an existing lot 60-feet in width at the OHWL and 65-feet in width at the 75-foot
setback where 100-feet is required. The Orono City Council hereby grants a variance to Orono
Municipal Zoning Code Section 78-1288 within the 75'-250' zone to allow 3,984 s.f. or 30.4%
hardcover where 25% is normally allowed; and further denies a variance within the 250' -500'
zone to allow 4,798 square feet or 34.6% hardcover where 30% is normally allowed in
conjunction with the construction of a new home and new detached garage, subject to the
following conditions:
1. Council approval is based on the survey and building plans submitted by the Applicant
and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 shall not increase above the existing and approved levels as follows: 194
square feet of hardcover within the O to 7 5' zone; 3,984 square feet of hardcover within
the 75' to 250' zone; and 4,148 square feet of hardcover within the 250' to 500' zone.
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO . 6 0 6 0
3. The Applicant shall submit plans for a rain garden to be reviewed with the building
permit for the new residence . The rain garden shall adequately infiltrate the stormwater
resulting from the chiveway hardcover. The rain garden location and design shall be
incorporated into the proposed grading plan for the new home.
4. The Applicant 's building permit survey and plans shall address the city engineer's
comments and recommendations .
5. The home plans submitted are for the purpose of hardcover review. The construction
plans and survey submitted for building pem1it will be reviewed for conformance with
Orono's building height and number of stories calculation.
6. Authorities granted by this resolution run with the Property not with the Applicant, but
are permissive only and must be exercised by obtaining a building pennit 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 (July 25, 2012).
7 . Violation of or non-compliance with any of the tem1s 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.
The undersigned Applicant has read, understands and hereby agrees to the terms of this
r~sd ~v,tipp ,_and on behalf of the Applicant and the Applicant's heirs, successors and assigns,
,,._, -~~i~b'yi?~;~~s to the recording of this resolution in the chain of title of the Property .
.. :··\<_·,·.// .:Yi··.:}-? :il-'-·-:~ .,· .. _:t i .1'.-< ':!_;\_.r:..::-:r.::i/t{W~~gfecl PX ~he Orono City Council on the 25 th day of July, 2011.
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!i,_\ :,•:Ji:,;\'1 -'· ,t:-, 1Linda"S.,•1¥-/€,)C1ty Clerk Lili Tod McMillan, Mayor
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. , 4 ~~erty :wner
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
Res0Lur10N oF TH/fi'lv0couNc1L
NO. ______ _
This instrument was acknowledged before me this ~:ii;Jay of¥Mbil:, 2011, by
Phillip Whipple, a single person .
.......
MONICA A. FADNl:SS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2012 ~JO.~
Notary Public
Page 5 of 5
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CERTIFICATE OF SURVEY FOR
PHILLIP S. WHIPPLE
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OF TRACT A, R.L.S. NO. 1311
HENNEPIN COUNTY, MINNESOTA
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PROPOSED ELEVATIONS : (per orchitecl)
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LEGAL DESCRIPTION OF PREMISES :
Tract A, Registered Lond Survey No. 1311, files Q( Registrar ol T1Uei.,
H,:mnepin County, l,jinnelloto.
denotes iron morlu:r set
•: denotes iron marker lound
@: denote, Judicial Londmorl. loUl'ld
(906 J): denotc11 c><i:iting :ipol ele.,otion, mean :ieo level datum
INfil: denote, proposed :ipol elevation, mean 11eo level datum
--1111--. dcnolc:i e><i11ting contour line, mcon :;co level datum
~; denotes propoiu1d contour line, mean Seo level ootum
Bcoring:i shown arc bo'Jed upon on osllumcd datum.
Thh; ,urv.ey intend5 to show the boundones ol (hi, obov, de,cnbed property,
lh,e location of on oisting house, garage, pon:h,. d .. cks, lo be removed, trees,
spot <:"levotiane, topography, the location ol ell v111ible "hordeovtr", and lhe
propo,ed location ol o propo,ed houllC!, gorogc:, deck ond porctl lhtrc:on. II
door. not purport lo ~how ony other improv11m11nts or encroochm,mts.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
City Clerk