HomeMy WebLinkAbout#06-3215 Recorded Resolution 550611111111111111 ~I 111111
Doc No 8886338 11/01/2006 09 : 17 AM .
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 266469
t ·.
Deputy 27 1
Fees
$35.50 DO
. $10 .50 SU
$46.00 Tot I
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279(1), 78-1279(6) AND 78-1288
FILE NO. 06-3215
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. --H-5 -H-5-+0H6s----
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279(1), 78-1279(6) AND 78-1288
FILE NO. 06-3215
WHEREAS, Todd Schaible and Michelle Schaible, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1450 Cherry Place
within the City of Orono (hereinafter the "City") and legally described as Lots 6 and 7
Block 4 and that paii of the east half of Cherry A venue vacated laying Northerly of
Westerly extension of the Southerly line of Lot 7 and Southerly of a line running from the
Northwest comer of said Lot 6 to the Northeast comer of Lot 5 Block 5, all in Crystal
Bay View, Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1279(1) to allow the portion
of the existinghouse, porch, and deck within the 75 foot lakeshore setback to remain as
constructed in conjunction with a proposed two-story addition; and
WHEREAS, the applicants have made applicatiori to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction
of an addition forward of the average lakeshore setback; and
WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Section 78--1288 to allow 13 percent
hardcover in the 0-75 foot zone when no hardcover is allowed and to allow 35 percent
hardcover in the 75 -250 foot zone when 25 percent is allowed; and
WHEREAS, after due published notice and mailed notice in accordance
with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono
Planning Commission held a public hearing on August 21, 2006, 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:
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 5 0 6
FINDINGS
1. This application was reviewed as Zoning File #06-3215.
2. The property is located in the LR-lB, Zoning District which requires a
minimum lot area of one acre and a minimum lot width of 100 feet.
3. The Planning Commission reviewed this application on August 21, 2006
and on a vote of recommended approval of the variance, based on the
following findings:
a. The portion the porch and deck within the 0 to 75 foot zone were
constructed in 1981. While the survey and plans that were part of the
pe1mit application clearly showed the porch and deck encroaching into
this setback the permit was still issued.
b. There is no place to construct an addition without an average lakeshore
setback variance as the entire house is located forward of the average
lakeshore setback. The addition wi11 not adversely impact the
lakeshore views of the adjacent lakeshore prope1iies.
c. The addition will update the floor plan of the house and allow
reasonable use of the property.
d. The amount of hardcover on the site will be substantially reduced as a
result of the proposed removals.
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
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 applicants, but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ __,5_5r:#-'Q..,.._..,.._6 -
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 the above findings, the Orono City Council hereby grants variances to
Orono Municipal Zoning Code Sections 78-1279(1), 78-1279(6) and 78-1288 to allow
construction of an addition, 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 confo1111ity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall be reduced to 951 s.f. or 13 % (including steps
to the lake). Hardcover in the 75-250' zone shall be limited to 6,256 s.f. or 35%
per the proposed plan and hardcover allowance summary attached to this
Resolution as Exhibit B. 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 penneability as non-hardcover
surfaces.
4. Required removals of structure and hardcover shall be completed before the
addition is occupied.
5. 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 before September 11, 2007. Should the
applicants fail to either obtain a building permit or to receive a renewal of the
variance within the year deadline it shall be necessary to file a new application
with the City.
Page 3 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 5 0 6
Barbara A. Peterson, Mayor
Michelle Schaible
. 51-
The foregoing instrument was acknowledged before me on this ~/ day of
~n,b.-0,, 2006 by Barbara A. Peterson, Mayor of the City of Orono , a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
RAC HEL DODGE
·"1 !r, • MINNESOTA
·, 31, 2010
RACHEL DODGE
NOTARY PUBLIC. MINNESOTA
. . My Com miss ion Expires Jan. 31 , 2010
=-~~-~~~·~ea.~~~~~
Notary Public
Page 4 of 5
(
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 5 0 6
'7 !,,-1
The foregoing instrument was acknowledged before me on this ci!._ day of
, '.f).-CP./J0b.-~ 2006 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.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this 3 day of Ovh bfr , 2005
by Todd Schaible, husband of Michelle Schaible.
DENISE M. LESKINEN
NOTARY PUBLIC -MINNESOTA
My commission Expires Jan . 31 , 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this 5-day of &blu ,r-, 2005
by Michelle Schaible, wife of Todd Schaible.
onJ ISE M. LE SKINEN Li ~
NOTAR Y PUBLIC -MINNESOTA •
My Commission Expires Jan . 31, 2010 ~ ----.._
=~-~~~~2a:~~~ Notary Public '
Page 5 of 5
; N.Qrtherly of Westerly extension of
)rtJi{vest comer of said Lot 6 to
)ta. .• , .. · '
b.e above legal description. The
,u own, which is a legal matter.
Jt with competent legal counsel, if
,frecord, such as easements, that you
important.
k the corners of the property.
Y,
EXISTING DWELLING
n Found cap /5942
ts
"C a:
)....
~ ~ u
\
63 f.::::'.
~
~
~ --.:
~ ~
rS
(j
Found 1/2"
LOT
D{J,CK
EXISTING DWELLING
-x--x
. 43S'S9-.",
R-e'IYl,•oVe.~
,,. 1• -.
EXIS77NG DWEWNG
3o'
Cone.
?
n t
((
s.\;a1t.Q. ?'''\ \,.-,
~vvicd?cb,
ws:slf-
l 33Bsf 1~ 1<::~~"sD :oa"-e \
/ 07 :k' ;,. 0-7'::
1 ?so"'e J
Found cap "/5942
t
~
~ I ~ ~ ~
Found cap /5942
_;.;\t,,;~:
~{77
0 )(
~ :r . a-w _ ~,
0\►
b)<.rub,~ B
0-75'1
-:It 6 (p -3 V S"'
SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' 500-1000' p Io(-3
EXISTING HARDCOVER IN ZONE
A. House X 22 S.F.
Length Width
X S.F.
X S.F.
X S.F.
B. Garage X S.F.
C. Driveway X S.F.
X S.F.
D. Concrete I Sidewalk X 242 S.F.
Paving Stones X 61 S.F.
E. Patio/Deck X 394 S.F.
Stone Path X 107 S.F.
F. Landscape X 1005 S.F.
Underlain X S.F.
By Plastic X S.F.
G. Other boathouse X 293
TOTAL HARDCOVER IN ZONE 2124 S.F. A.
TOTAL PROPERTY AREA IN ZONE 7596 S.F. B
A 2124 + B 7596 X 100 28.0 %
PROPOSE.0 HARDCOVER IN ZONE
A. House X '2'2---S.F.
Length Width
S.F.
S.F.
S.F.
B. Garage S.F.
C. Driveway S.F.
S.F.
D. Sidewa11/'.Co.--c'il.t-k_ :i-4v S.F.
'P ,. " , 1\5 Sl.-6~ la I S.F.
E. Patio/Deck ?,q+ S.F.
-sl--one 1>0:rb l OJ S.F.
F. Landscape () S.F.
Underlain S.F.
By Plastic S.F.
G. Other 6 OCt +-V\ 0 w;e_, 213 s.F.
TOTAL HARDCOVER IN ZONE t l I~ fir S.F. A
TOTAL PROPERTY AREA IN ZONE 7596 S.F. B
A 0 + B 7596 X 100 l'-1, 1 ~ %
SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250 1 t 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X 2844 S.F.
Length Width
X S.F.
X S.F.
X S.F.
B. Garage X S.F.
c. Driveway X 2655 S.F.
X S.F.
D. Concrete I Sidewalk X 520 S.F.
Paving Stones X 108 S.F. ,, ___
E. Patio/Deck X 228 S.F.
Stone Path X 338 S.F.
F. Landscape Underlain X 2572 S.F.
By Plastic X S.F.
Concrete .Water Fall X 32 S.F.
G. Other / Retaining Walls X 193
TOTAL HARDCOVER IN ZONE 9490 S.F. A
TOTAL PROPERTY AREA IN ZONE 17868 S.F. B
A 9490 + B 17868 X 100 53.1 %
PROPOSED HARDCOVER IN ZONE ·i-s+<-1-A. House t. ~1,£-h~ X S.F.
Len l'lidth
V\ew eV\.d 561 S.F.
\/\,llA.J eoi't,.~ IV 1,.-S.F.
S.F.
B. Garage S.F.
c. Driveway try <,s-i:. .•. , S.F.
S.F.
D. Sidewalk L ~V\11ttek 4B S.F.
t e;+ov\P-S e, f'\V ~~'!} S.F.
E. Patio/Deck ·1 .. :1..-B S.F.
')~N eM-'\ 2?~ S.F.
F. Landscape ' 0 S.F.
Underlain :p!Mt'l~
w~~trCi:. t I
S,F.
~ fl Olr\(:.~· t,~,l -:l"2Y S.F.
G. Other tu 4Cl l •\ \ f,f,, v.,1,,A\ 1"'13
"
TOTAL HARDCOVER IN ZONE &~41 i,, S.F. A
TOTAL PROPERTY AREA IN ZONE 17868 S.F. B
A 0 + B 17868 X 100 .!! .. ~ ~ %
SETBACK ZONE: (CIRCLE ONE} 0-75' 75-250'
•
250-500 1 1 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X S.F.
Length l'lidth
X S.F.
X S.F.
X S.F.
B. Garage X .~ S.F.
C. Driveway X '6 z_t, S.F.
X S.F.
D. Sidewalk X S.F.
X S.F.
E. Patio/Deck X S.F.
X S.F.
F. Landscape X S.F.
Underlain X S.F.
By Plastic X S.F.
G. Other X
TOTAL HARDCOVER IN ZONE 328 S.F. A
TOTAL PROPERTY AREA IN ZONE 2129 S.F. B
A 328 + B 2129 X 100 15.4 %
PROPOSED HARDCOVER IN ZONE
A. House X S.F.
Length Width
X S.F.
X S.F.
X S.F.
B. Garage X S.F.
C. Driveway X ~2 .. ?3 S.F.
X S.F.
D. Sidewalk X S.F.
X S.F.
E. Patio/Deck X S.F.
X S.F.
F. Landscape X S.F.
Underlain X S.F.
By Plastic X S.F.
G. Other X
TOTAL HARDCOVER IN ZONE ,;; i,,.,e , S.F. A
TOTAL PROPERTY AREA IN ZONE 2129 S.F. B
A 0 ~ B 2129 X 100 /!~4 ~ %
(
. l
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION# 5506
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on September 11, 2006 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said
meeting.
In Witness Whereof, I have hereunto set my hand and seal this 25th day of
September , 2006.