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Hennepin Coun , Minnesota
Michael H. Cunni ounty Recorder
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-350,78-1288 AND 78-1119
.FILE NO. 07-3266
TRANSFER ENTERED
H8112M COUNW TAXPAYER SERVICES
DEC 0 7 2007
COUNTY, MN
BY DUTY
CITY of ORONO
RESOLUTION OF Tg. E CITY COUNCIL
NO. 6 4 5
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-350, 78-1288 AND 78-1119
FILE NO. 07-3266
WHEREAS, Benjamin D. Milbrath and Karen Milbrath, husband and
Wife, (hereinafter "Owners") are the Owners of the property located at 1404 Baldur Park,
Road within the City of Orono (hereinafter "City") and legally described as: Lot 14 Baldur
Park Hennepin County, Minnesota (hereinafter "the Property"); and
WHEREAS, Vogue ICF Homes has made application on behalf of the Owners
to the City for variances to Municipal Zoning Code Section 78-350 to construct a new house
on a lot with an area of 0.28 acre when 0.5 acre is required and a lot width of 49.75 feet when
a width of 100 feet is required; and
WHEREAS, Vogue ICF Homes has made application on behalf of the Owners
to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 16.07%
hardcover in the south 0-75 foot zone when none is allowed and 43.07% hardcover in the 75-
250 foot zone when 25% is allowed; and
WHEREAS, Vogue ICF Homes has made application on behalf of the Owners
to the City for a Variance to Municipal Zoning Code Section 78-1119 to allow an .elevation
lower than 931.5 within 15 feet of the house; 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 April 16, 2007, 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 #07-3266.
Page 1 of 4
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NP. _ 5.6 4 5 .�
2. The property is located in the LR -1C zoning district, where 0.5 acre is the
minimum lot area and 100 feet is the minimum lot width. The property is
approximately 0.28 acre in area and 49.75 feet in width.
3. The Planning Commission reviewed this application an April 16, 2007 and on
a vote of 5 - 1 recommended approval of the variances, based on the following
findings:
a. There is no land the Owners could acquire to enlarge the lot.
b. For many years before 2006 there was a house on,the property.
c. The lots in the area are of similar size and dimension.
d. The property has two 0 to 75 foot zones. Without a hardcover variance for
the.south 0 to 75 foot zone it would be impossible to access the 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 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 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 Owners but are necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the Owners; 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 78-350, 78-1288 and 78-1119 to allow construction of a new
house, subject to the following conditions:
Page 2 of 4
W
'I
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 56-45
1. Council approval is based _on the site and house plans submitted by the
Applicant and annotated by City staff, attached to this Resolution as Exhibits
A. and B: Any amendments to these plans may require further Planning
Commission and City Council review.
2. Hardcover in the north 0-75' zone shall be limited to 0 s.f. or 0%. Hardcover
in the 75-250' zone shall be limited to 2,636 s.f. or 43.68%. Hardcover in the
south 75 — 250' zone shall be limited to 374 s.f. or 16.07% per the proposed
site plan and hardcover allowance summary as depicted on Exhibit C. The
Owners 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. The Certificate of Occupancy shall not be issued until an as -built grading plan
verifying compliance with engineering and zoning approvals has been
submitted and approved. Any deviation from the approved plan may require
Planning Commission and/or City Council review.
4. Owners shall not place any plastic or fabric liner material under any
landscaping on the property to ensure their permeability as non -hardcover
surfaces.
5. Authorities granted by this resolution run with the property not with the
owners, but are permissive only and must be exercised by obtaining a building
permit for the new house before August 13, 2008 or the variance'will expire on
that date.
6. 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.
7. The undersigned Owners have read, understand and hereby agree to the terms
of this resolution and on behalf of their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of title of the property.
Page 3 of
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Adopted by the Orono City Council on this 13th day of August, 2007.
ATTEST:
IiAda S. Vee, City Clerk s MWhite, Mayor
Benjamin D. Milbrath
STATE OF MINNESOTA
COUNTY OF HENNEPIN
✓R�iwy n I 'M 2�
This instrument -was acknowledged before me this Z5 day of 0 'r_V'A'0'_r
2007 by Benjamin D. N ilbrath, husband of Karen Milbrath.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this Z.3 day of
2007 by Karen Milbrath, wife of Benjamin D. Milbrath.
1 of4
Public26 z Flo'
ZONING FELE NO. 07-3266
EXHIBIT A RFqnl T MnM 1,Tr% 5-645
CERTIFICATE OF SURVEY FOR
BENJAMIN D. MILBRATH
OF LOT 14, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNESOTA
LAKE
MINNETONKA
NORTHARM
A4 Cowusuk LK
N%
LAC
HOUSE
#law
so
MOUSE
A1404 EXISTwc;
KOUSE
—sat
•
_EMLOSED ELEVAT—.1
1) Gore" - no
2) Top of feeW.U. —=a
3) Lowest now
4) No beksmsnt
LEGAL DESCWTOW OF PRM=
a= Lot 14, Skk* 1, BALMA PARK
a denala icon P
9 denotes Iran marker Lound
M"= denotes exisung spot drMiam mean eaG we, dawn
= -, denotes Proposed spot viscffion' . ...
bww .1cium
—BIT— —: denotes ewiakhq oantw Hne, ft"M 900 klW datum
---- M—: denotes PrOposed contour kwa, mean soo knei dut,,,
8001h sham we bagel Upon an anaLmed dom
T'll 2^'
ai�fts�" of Ad
doft rot purport to show my no
and tM pr.=,.Zlb
an of pnaoaaed house grad d
inprenoneft ar snarmeYbow—ant..
?CI
J NBERG AND
: I I..2V
I ia ASSOCIATES ,INC .
=GINE=. LAND 1-56-07
aus
ONE
ISEE
NEMS
ZONING FILE NO. 07-3266 E3IIBIT C -1 RESOLUTION NO. R c
BEN M La1Z431f I—J 6 -07 &LOOK HAalC
4-3- 07 -NO CHANGE Lorl+ �aror�c
HARDCOVERCALCULATIaV WORKSHEET
SETBACK ZONE. (CIRCLE ONE) -75' 75-250, 250-500'
EX1STM9KA1ZDCOVF,RINZgM MDIZTIf C(c►kaSdu�
A. }•louse
x -
- S.F.
LengtA
Width
x
x
x
R S.F.
B. Garage „ x —
_ = S.F.
C, Driveway x
= S.F.
x
= S.F.
D. Sidewalk x
---
= S.F.
x
S.F.
E. Patio/Deck x_
S.F.
_..... .. x
= S.F.-
.F. .F.
F.Landscape x
= S.F.
Underlain x
S.F.
By Plastic x
- =
S.F.
Or Fabric
G. Other x
= S.F.
TOTAL HARDCOVER IN ZONE
- b S.F. A
TOTAL PROPERTY AREA iN ZONE
3740 S.F. B.
A + B
x 100 °+ Q
PROPOSED HARDCOVER IN ZONE
A House x
= S.F.
Length --
Widih
x
= S.F.
x
�. _ S.F.
. x
_
S.F.
B, Garage x
= S.F.
C. Driveway 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 Pleatic x
a S.F.
Or Fabric
G. Other x
_
_ S.F,
TOTAL LL RDCOVERINZONE
TOTAL. PROPERTY AREA IN ZONE
— S.F. B
A -- ' B
x 100 %
k
5-64.5
ZONING FILE NO. 07-3266 EXHIBIT C- Z
RESOLUTION NO.
136r•t Al l l-K4T1+
tSAwVie N42K
_1xAypT
'"-07 Lor I+, &.a= 1
HARDCOVER CALCtMATION WORKSHEET
SETBACK ZONE. (CIRCLE ONE) 0-75' 75-250
250-500' 500-1000'
EXISTING HARD
COVONE
A. House
x
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. Sidewalk
x
= S.F,
x
a S.F.
E. Patio/Deck
S.F.
._.....
x
a S.F.
F. Landscape
x
SF.
Underlain
x
S,€.
By Plastic
x
= S.F.
Or Fabric
G. Other
x
= S.F.
TOTAL HARDCOVER IN ZONE
S.F. A
TOTAL
PROPERTY AREA IN -ZONE -
S.F. B-
A
= B _ -- x 100
= 4k
PROPOSED HARDCOVER
IN ZONE'
A. HouseBOS
x
S.F. PROP0160
�ausE
Length -• wrack
... _
x
S.F.
x -
SF. CtiuCRETE
x
= 10 SF. -FOR S10F_ coal
B.` Garage
x
= S.F.
C. Drivewayx
PROPOZO
b 5a S.F. - E}A VE, t y
_ _. ..
x
D. Sidewalk
a x$.4Z
PROPOSEDS.F. -
x
�t0�re*taed[
s S.F.
E. P atio/Deck14,67
x 9.33
132 S.F. -PYA-rj
= pA"Ct D
x
S.F.
F. Landscape
x --
S.F.
Underlain
x
S.F.
By -Plastic
x
= S.F.
Or Fabric
G. Other
x
T S.F. _.
TOTAL HARDCOVER IN.ZONE -
7 63b S.F. -A
TOTAL
PROPERTY AREA IN ZONE -
__
!6o 35 S.F. B
A
* B x 100
_
{iLbS %
ZONING FILE NO. 07-3266 EXHIBIT C -3
RESOLUTION NO. 5 6 4.5
4-3 -07 Lar It RLOex- J
HARDCOVER CALCULATION WOMS[SIMET
SETBACICZONE:.(CIRCLE ONE) 0.75' 75-250'
XIS
25D-560' 500-1000'
NG HARD COVgR W ZONE SOVTi+ (S}P r.,Ae)
A. house x
=
�6u+ tta
wid
S.F.
x
= S.F.
x
= S.F.
x ---
S.F.
B. Garage x
=
S.F,
C. Driveway x
_
S.F.
S.F.
D. Sidewalk �_ x-,
- S.F.
_— x
- S.F.
E. Patio/Deck x
x
_
F. Landscape x
UnderlainS.F.
x
Sy Plastic x
= S.F.
Or Fabric -
S.F.
G. Other x
_
• �._
- — S.F.
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN -ZONE
S.F. A
A
A f B _ x l 00
S.F.
-
PROPOSED HARDCOVER IN ZONE'
A House x
_
_ .. L,C,W+ - wtau,
-
x —�..
= S.F.
_ - x
= S.F.
x —
= S.F.
$. Garage x
_
—
- S.F.
C. Driveway x
3fiy S.F._pRoRbSED
- S.F: •
D. Sidewalk x
= S.F.
x — -•�
S.F.
E. Patio/Deck x
S.F.
x
= S.F.
F. Landscape x
_
Cinderiain x
- S.F.
By Plas[tC _ x --"
= S.F.
Or Fabric — — --
t
S.F.
G. Other x
--
_ S.F.
_. TOTAL HARDCOVER INZONE
TOTAL PROPERTY AREA IN ZONE
S.F. .-,q
-
A + B
2 2b S S.F. B
— ,— x 100
-
- y,
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 13, 2007, 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 17th day of August , 2007.
City Clerk
sell
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