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Home My WebLink About#11-3524 Recorded Resolution 6082111111111111 11111111 Doc No A9716771 Certified, filed and/or recorded on 11/15/11 4:30 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 9 Pkg ID 750919 Doc Name: Variance Document Recording 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 SECTION 78-1608(2) FILE NO. 11-3524 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 8 2 A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-1608(2) FILE NO. 11-3524 WHEREAS, Roger Remark and Megan Remark, a married couple (hereinafter "the Applicants") are the owners of the property located at 141 Chevy Chase Drive within the City of Orono (hereinafter the "City") and legally described as Lot 21, Block 1, Hill O' Way Manor, Hennepin County, Minnesota; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1608(2) to allow construction of a two story garage addition to the existing home to be set back 16 feet from the Preserve wetland on the property where a 50-foot buffer and 20-foot structural setback from the buffer, a total of 70 foot setback, is normally required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Plam1ing Commission held a public hearing on September 19, 2011 at which times all persons desiring to be heard concerning this application were given the oppo1iunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 11-3 524. 2. The property is located in the R-lA One Family Residential Zoning District which requires a minimum lot area of 1. 0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on September 19, 2011 and recommended approval of variances based on the following findings: a. The Property contains 28,600 s.f. (0.66 acre) in area and has 80-feet in width. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 8 2 b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The 70-foot wetland and buffer setback extends through the center of the existing home. e. An existing drainage swale on the northern portion of the Property is an additional limiting factor. f. The proposed addition will meet the required 10-foot principal structure side setback as required within the R-lA zoning district. g. At 2,280 square feet (7.6%) structural coverage, the home and proposed addition will conform to the structural coverage limitation of 15% of the total lot area. h. The Applicants' have proposed to mitigate potential negative impacts resulting from the wetland encroachment with the creation of a 2,500 square foot native planting area and installation of a rain garden on the Property. 1. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. J. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. k. The Applicants' request is in hmmony with the purpose and intent of the ordinance. 1. The Applicants have demonstrated that enforcing the wetland buffer and buffer setback provisions of the Zoning Ordinance deprive the Applicants 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 Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 8 2 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 properties 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 practical 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 a variance to Orono Municipal Zoning Code Section 78-1608(2) to allow construction of a two story garage addition to the existing home set back 16 feet from the Preserve wetland on the Property where a total of 70-feet (50-foot buffer plus a 20-foot structural setback from the buffer) is normally required and a 28-foot setback currently exists, subject to the following conditions: 1. Council approval is based on the survey, construction, rain garden and planting plans submitted by the Applicants and annotated by City staff. The survey and construction plans are attached to this Resolution as Exhibits A & B. The rain garden shall follow the City Engineer's recommendations in their memos dated 8/31/11 and the planting plan shall follow the planting plan by Mike Evenocheck of Prairie Restorations dated 10/05/11. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicant's building permit survey, rain garden and planting plans shall address the City Engineer's comments and recommendations. 3. The rain garden and planting area shall be installed and inspected by the City Engineer prior to refund of the building permit escrow. 4. The home plans submitted are for the purpose of setback review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. Page 3 of 5 y CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 8 2 5. The 2011 dining room addition was permitted prior to the wetland delineation. The portion of the addition which encroaches 10 feet into the required 20-foot structural setback from the buffer is considered a legal, non-conforming structure. 6. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit 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 (October 10, 2012). 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 tem1s 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. ;,.,.i:i[J'.'.f ~i:y('.if;iji):t~pted by the Orono City Council on the 10th day of October, 2011. ('~,·1A1;iif.E ;::,T·,,, (' '· · Lili Tod McMillan, Mayor ,·. r ' 1' Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 8 2 This instrument was acknowledged before me this L~ay of {{Jr±, , 2011, by Roger Remark, husband of Megan Remark. ~~~~ . :;,;~· ,-; .,..,MONICA A. FADNESS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan . 31, 2012 STATE OF MINNESOTA COUNTY OF HENNEPIN ~~~Q-~ Notar Public This instrument was acknowledged before me this IQ__ day o~ ~ , 2011 by, Megan Remark, wife of Roger Remark. ~~ Notary Public Page 5 of 5 CATHLEEN ANN HOLMES Notary Publlo Mlnneeota Myet.ftli,"'9kltlExplfes,llftllllY9t, !015 N co 0 "' <( 2\-p 1 I I \ 0 20 40 60 \ \ I I . /ft (/ ~•/,I / /,1 /'/ ' I '): I , \ I ;,.,, ll~ ,/ ~ // ~ SCALE IN FEET < .i<,) /✓/ ,/I ,,.·~r-: .,o--.\1 //" , / ' vi l --,--, ; ,/ ;' ) \ I I ' ~>i-;' · .,., -EXISTING SPOT ELEV A TION. , ~/ 1'' X(998.0). PROPOSED SPOT ELEVATION ~~~-I ~ ,f I ,._ I . -/ -«" ,,, ' , COH OHL GFE TfE LFE .• ,.,, DIRECTION SURF ACE DRAINAGE -CANTILEVERED OVERHANG • OVERHEAD UTILITY LINE -GARAGE FLOOR ELEVATION • TOP Of fOUNOA TION ELEVATION = LOWEST FLOOR ELEVATION ~ / ~ / II , ~,/).,a , ~o \ --< ---------... ~ j' o~"' "' • C • •• • • I ' ,' , / A ••• , J ,' I . ., ,,, -, -~ \, / '·•· ol ~~ ( !,·? ri I ~ -, ,:} / '"'!.,-~.l-O I s p<t 1 ~• i"' I , --~" , • --· k 1(1• / -« ,:!'!, -II 1"0~ '-o ~c'~ ""~A. --1 ,oF" 1 -"'+ ' . . ' /~ .... . « -/ 4 ', --~ .... ,,. ;, (c ~ ' , • ' ' '•• I I> '. ~/· ~ Jllfl\,1 ~~"',~'"'°it .. i "'\ \ " '~ w,i'\' 'I )c'/ /.. I " l,>' • • I LEGAL DESCRIPTION: LOT 21, BLOCK 1, HILL O' WAY MANOR, HENNEPIN CO., MN. ADDRESS -141 CHEVY CHASE DRIVE PIDH36-11B-23-41-0026 LOT AREA = 28600 SF/ 0.66 AC .J', ,--~ l :;a:/ ::--"\_'' ----r2ovEfteL5~ErUCTURAL 19-1(: \.~ \ ,. '!/;.o , ' 1 \ \ \ \ -~ ~ STRUCTURAL HARDCOVER BENCHMARK . ____ -- TR SAN MH ELEV = 974.0 (ASSUMED) \ -,,.~ EXISTING '-{~9';~~ HOUSE -1560 Sf/5.47. -2 PROPOS£0 ADDITIONS l" HDUS£ = 295 SF GARAGE= 425 SF 0 1~1':> TOTAi ., 720 Sf/ 2 6Z ;--......7-- 1~-" i~: ;.~~~ ~:: ~•t-l .-!'I.} N 89"5~ ,,,. 1;;;· _ _..,,..,; ,,,,, ~,,> ~/1p1°jl "ttfh,~•-:.:7.:.,........-:=--/ < I J/1 ,ti'' ----------,,, -~ /' .,..,,..,,....-41 \ ~ -~--,t-------------, 1 '\. ., // .._ --WETLAND AS DELINEATED--- r ' // ~ > ,,., ..____ _./ ,,,. ......______ _____ _,,,,,.- .. ~,..,,o SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INfORMA TION VERIFY ALL DIMENSIONS AND ELEVATIONS WITH HOUSE PLANS VERJFY ALL SETBACKS WITH CITY !I. ..,~ c> _35~ ~ ~ii"'" °;O"<t' ;;g~ "J;c;, ai3~;;;: n:~!g~; ~::ia::-~~~I ~~~~ "'"'°' ~ ~ Q t] Cl:: 0 w I > iii 0 ~ 0 z ~ 0 _...., a: 0 LO u. N 0 = ~ :::::, <C CJ REMARK RESIDENCE l-41 CME:vr CM.ASE DRIVE IUA"rZATA,.t-N 553131 PERt11T &:T 6 0 8 2 ~ ]:,. ~ m r m ~ 1 -l 2 I ij I REMARK RESIDENCE WI CMEY'r CMAeE DRIVE UIAY"ZATA, MN 553~1 F'Ef,lM!T SET lill •1 •1 lill Ill Ill ~ iE>.u-m-11 !"8fYIQ/O, ME PATFft 6 0 8 2 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, ce1iifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 10, 2011, 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 12th day of October , 2011. City Clerk