HomeMy WebLinkAboutResolution 5646CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5646
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-330 AND 78-1288
FILE NO. 07-3280
WHEREAS, Louis B. Baldwin, a single person, (hereinafter "Owner") is
the owner of the property located at 1348 Rest Point Circle within the City of Orono
(hereinafter "City") and legally described as: Lot 11, Rest Point Park, Hennepin County,
Minnesota (hereinafter "the Property"); and
WHEREAS, Vogue ICF Homes, Inc. has made application on behalf of the
Owner to the City for a variance to Municipal Zoning Code Section 78-330 to allow
construction of a new residence on a lot with an area of 0.33 acre when one acre is required
and a width of 67 feet when 140 feet is required.
WHEREAS, Vogue ICF Homes, Inc. has made application on behalf of the
Owner to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 2.5
percent hardcover in the 0 to 75 foot zone when no hardcover is allowed and to allow 27.92
percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent; 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 public hearings on April 16, 2007 and May 21, 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 #07-3280.
2. The property is located in the LR -1B zoning district, where I acre is the
minimum lot area and 140 feet is the minimum lot width. The property is
approximately 0.33 acre in area and 67 feet in width.
Page I of 4
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RESOLUTION OF THE CITY COUNCIL
3. The Planning Commission reviewed this application on May 21, 2007 and on a
vote of 5 - 0 recommended approval of the variances, based on the following
findings:
a. The lot was created before there were subdivision regulations.
b. Prior to 2003 a house had existed on the property for many years.
C. While the Owner does own the adjacent property at 1350 Rest Point
Circle, that property was purchased by the previous owner in October,
2006, to allow a coordinated redevelopment with this property. Prior to
that the lots had been in separate ownership for many years and there
was a house on each lot.
d. The proposed house would not be out of character with the surrounding
area.
e. The angled driveway arrangement requires more hardcover than a
straight driveway but provides for better drainage and allows the front
door to be visible from the street.
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 variances on the
health, safety and welfare of the community.
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 Owner but are necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the Owner; and would be in keeping with the spirit and intent
of the Zoning Code and Comprehensive Plan of the City.
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO, 5646
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances to Orono
Municipal Zoning Code Sections 78-330 and 78-1288 to allow construction of a new
residence, subject to the following conditions:
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 0-75' zone (other than the permitted lift) shall be limited to
127 s.f. or 2.5%. Hardcover in the 75-250' zone shall be limited to 2,583 s.f.
or 27.92 % per the proposed site plan and hardcover allowance summary as
depicted on Exhibit C. The Owner is 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. By a separate document the Owner shall provide a drainage easement along the
westerly five feet of the lot.
5. Owner shall repair or replace the existing stairs to the lake to comply with
Orono City Code and the Building Code or install a lift to provide lake access.
6. Owner shall remove invasive plant species on the bluff/steep slope and where
necessary for erosion control replant appropriate native plant material. The
plan for this work shall be approved by the City Engineer and it shall be
completed before the Certificate of Occupancy is issued.
7. Owner shall not place any plastic or fabric liner material under any landscaping
on the property to ensure their permeability as non -hardcover surfaces.
Page 3 of 4
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CITY of ORONO
RESOLUTION OF �ig C�T� COUNCIL
NO.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances to Orono
Municipal Zoning Code Sections 78-330 and 78-1288 to allow construction of a new
residence, subject to the following conditions:
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 0-75' zone (other than the permitted lift) shall be limited to
127 s.f. or 2.5%. Hardcover in the 75-250' zone shall be limited to 2,583 s.f.
or 27.92 % per the proposed site plan and hardcover allowance summary as
depicted on Exhibit C. The Owner is 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. By a separate document the Owner shall provide a drainage easement along the
westerly five feet of the lot.
5. Owner shall remove the existing stairs to the lake and install a lift to provide
lake access.
6. Owner shall remove invasive plant species on the bluff/steep slope and where
necessary for erosion control replant appropriate native plant material. The
plan for this work shall be approved by the City Engineer and it shall be
completed before the Certificate of Occupancy is issued.
7. Owner shall not place any plastic or fabric liner material under any landscaping
on the property to ensure their permeability as non -hardcover surfaces.
Page 3 of 4
4O�
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CITY of ORONO
RESOLUTMN OF TI�Eg[�YOUNCIL
NO.
8. Authorities granted by this resolution run with the Property not with the
Owner, but are permissive only and must be exercised by obtaining a building
permit for the new construction before August 13, 2008 or the variance will
expire on that date.
9. 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.
10. The undersigned Owner has read, understood and hereby agrees to the terms of
this resolution and on behalf of its successors and assigns, hereby agrees to the
recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 13th day of August, 2007.
ATTEST:
G C c. �2 JZ4,J4 oLinda S. Vee, City Clerk
jLf�
es MWhite, Mayor
6.�g e
Louis B. Baldwin
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this of 7 day of aAcgLcg T- , 2007 by
Louis B. Baldwin, a single person. U_
BARBARA G. SILUS ��ba�� ��
NO?ARY PUBLIC -MINNESOTA Notary Public
,.., � � My Commission Expires Jan. 31, 2008
Page 4 of 4
CERTIFICATE OF SURVEY FOR
THOMAS H. PARKER
OF LOT 11, REST POINT PARK /
HENNEPIN COUNTY, MINNESOTA
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NOTE: ME PROPOSED RAN
FOR God" ON LOT 12
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PROPOSED ELEVATIONS
1) Garage = 971.0
2) Top of foundation = F97-1.51
3) first floor =1197-2-551
9) Basement = 9625
5) Sport Court = 9m5
LEGAL DESCRIPTION Of PRE69SES
Lot 11, REST POINT PARK
/ e
/
5TR0
CARAQ
/
r / HOUSE `
/
o denotes Iron marker
(9083): denotes existing spot elevation, mean sea level datum
9106 : denotes proposed spot elevation, mean sea level datum
— — 917— —: denotes existing contour line, mean sea level datum
denotes proposed contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property. and the
proposed location
flaa proposed house, two decks, driveways and sidewalk thereon.
n Improvements or encroachments.
GRONBERG A
5 64 6
EXISTING
1 fJ HOUSE
FIx2
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I pECK
LAKE
MINNETONKA
WEST ARM
5
F,
Fin,
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A
/
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@-".29A CONTOUR LNE
LAKE
MINNETONKA
WEST ARM
5
F,
Fin,
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ZONING FILE NO. 07-3280 EXHIBIT B-1 RESOLUTION NO. 5 6 4 u
ZONING FILE NO. 07-3280 EXHIBIT B -Z RESOLUTION NO. 5 6 4 6
ZONING FILE NO. 07-3280
EXHIBIT C
RESOLUTION NO. 5 6 E
TDM PARI<F2
3_
ICESr VOINT KAI(,
6-1-07
Lor (I
HARDCQVER
CALCULATION
WORKSHEET
SETBACK ZONE: (CIRCLE ONE)0(`-75''
75-250'
250-500' 500-0000'
EXISTING HARDCOVER IN ZONE
A. House
x
=
S.F.
Length
widen
x
=
S.F.
x
=
S.F.
S. 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. Landscape
x
=
S.F.
Underlain
x
=
S.F.
By Plastic
x
=
S.F.
G, Retaining -
x
_
= Z34
BOV ILOER
S.F. ' RET,wrwvf
Walls
WALL
H. Other
x
=
S.F.
TOTAL HARDCOVER IN ZONE
Z34 -
S.F. A
TOTAL PROPERTY AREA IN ZONE
- SD7 D
S.F. B
A
B
x 100 = y, 6
Z o�
PROPOSED HARDCOVER IN ZONE
A. House
x
=
S.F.
Length
Width
-
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
=
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.
BDVLpt2 E1
G. Retaining
x
= 127
S.F.—W/fyL TD
Walls
H. Other
x
=
S.F.
TOTAL HARDCOVER IN ZONE
- 117
S.F. A
TOTAL PROPERTY AREA IN ZONE
- 507-6
S.F. B
A
B
x100 = Z•j
%
ZONING FILE NO. 07-3280
EXHIBI�T�C-L
RESOLUTION NO. 5 b } b
Tom FN12K FL
} REST POINT P>
B3
HARDCOVER
CALQMLATION WORKSHEET 1'oT I I
SETBACK ZONE; (CIRCLE ONE)
0-75'75-450')
250.500' 500.1000 -
EXISTING HARDCOVER IN ZONE
A. House
x
Length
Wltlih
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
= 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. Retaining
x
= S.F,
Walls
H. Other
x
= S.F.
TOTAL HARDCOVER IN ZONE
S.F. A
TOTAL PROPERTY AREA IN ZONE
- S.F. B
A
B
x 100 = %
PROPOSED HARDCOVER IN ZONE
A. House
x
=PaDPOSE0
) S I Z S.F. -"Ong
Length
Width
x
x
S.F.-P0Rct4
B. Garage
x
= S.F.
C. Driveway
x
= 534 S.F.-OaU�p
x
= S.F. Y
D. Sidewalk
x-
PROPOSED
_ 7 S.F.- 510fut4L 4
x
E. Patio/Deck
x
= IIS S.F.- PROPOSED
x
= S.F. OF.gt
F. Landscape
x
= S.F,
Underlain
x
= S.F.
By Plastic
x
= S.F,
G. Retaining
x
= S.F.
Walls
H. Other
x
= S.F.
TOTAL HARDCOVER IN ZONE
- 2-503 S.F. A
TOTAL PROPERTY AREA IN ZONE
- 4251) S.r, B
A
+ B
X100 = 77.4-7 of