HomeMy WebLinkAboutResolution 5647o� \
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RESOLUTMN OF THE CITY COUNCIL
NO. 564%
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-330 AND 78-1288
FILE NO. 07-3281
WHEREAS, Louis B. Baldwin, a single person, (hereinafter "Owner") is
the owner of the property located at 1350 Rest Point Circle within the City of Orono
(hereinafter "City") and legally described as: Lot 12, 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 3.88
percent hardcover in the 0 to 75 foot zone when no hardcover is allowed and to allow 28.33
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 #07-3281.
2. The property is located in the LR -113 zoning district, where 1 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 1 of 5
JF RESOLUTION OF THE CITY COUNCIL
NO. 5647
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. A house had existed on the property since 1972.
C. While the Owner does own the adjacent lot at 1348 Rest Point Circle,
this property was purchased by the previous owner in October, 2006, to
allow a coordinated redevelopment with the 1348 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 applicants and the public, and the effect of the proposed variance 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 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 5
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CITE' of OR000
RESOLUTION OF THE CITY COUNML
NO. 5647
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
195 s.f. or 3.88 %. Hardcover in the 75-250' zone shall be limited to 2,588 s.f.
or 28.33% 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
easterly five feet of the lot.
5. The Owner shall remove the decks, and sheds within the 0 to 75 foot zone.
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. The retaining walls on the 0 to 75 foot zone shall remain and fill shall be
placed behind the walls as necessary to provide proper drainage. Invasive plant
species on the bluff/steep slope shall be removed. Appropriate native plant
material shall be planted on the slope where necessary for erosion control. The
plan for this work shall be approved by the City Engineer and it shall be
completed before the Certificate of Occupancy is issued.
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 64 7
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.
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:
Linda S. Vee, City Clerk je�s M. White, Mayor
Louis B. Baldwin
Page 4 of 5
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9 I'
SH0�`�G~
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 64 7
This instrument was acknowledged before me this cQ 7 day of , 2007 by
Louis B. Baldwin, a single person.
AEED'tary •'lic
Page 5 of 5
m-081
CERTIFICATE OF SURVEY FOR
THOMAS H. PARKER
OF LOT 12, REST POINT PARK
HENNEPIN COUNTY, MINNESOTA
5 64 7
ATbo , rpecress
bell
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PROPOSED) VACANTI
HOUSE
F--,, /13481
NOTE SEE %IIOPo5E0 RAN
,.n..'"a FCR ceAanGlON lOT II
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Its
EXISTING
HOUSE \ wmui. pill' �. --"s' /
xi
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LINE 5
was I Ln/xYf.i
[QE I^�- M35�
aEIX /
PROPOSED ELEVATIONS�Q}✓ �! j
1) Garage = 9]{0 > w�v 3�'vj`N'.�SVRV2f a �iJ` i
2) Top of foundation = 913 ,pr 4' / 1 7.9 d8` —LINE,
ti9
3) First floor 8 AO / / . Ai
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4) Basement 96{0 / /,/
5) Sport Court 8510 ...qua % / %/ / / Ai —✓
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--.838.4 CONTOUR LK
LEGAL DESCRIPTION OF PREMISES'. :_' LAKE
Lot 11, REST POINT PARK
o denotes iron marker
MINNETONKA
(9083): denotes existing spot elevation, mean sea level datum WEST ARM
9108: denotes proposed spot elevation, mean sea level datum
- —9n— -. denotes existing contour line, mean sea level datum
---Lr—: denotes proposed contour line, mean sea level datum
Bearings shown are based upon an assumed dotam.
This survey shows the boundaries of the above described property, and the
proposed location al a preacted house, two decks, driveway, and sidewalk thereon.
It does not purport to show any other improvements or encroachments.
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ZONING FILE NO. 07-3281 EXHIBIT B-' RESOLUTION NO. 5
ZONING FILE NO. 07-3281 EXHIBIT B-'` RESOLUTION NO. 5 r
XI I 31 I II
5 6 /17
ZONING FILE NO. 07-3281
EXHIBIT C - I
RESOLUTION NO.
TM Puevzfz
RaIT POINT P614
e-7-07 Lar I Z
HARDCOVER
CALCULATION
WORKSHEET
SETBACK ZONE: (CIRCLE ONE)
-75' 75.250'
250.500" 500.1000'
EXISTING HARDCOVER IN ZONE
A. House
x
= 72 S.F. TREE 44005E
Length
Width
-
x
= S.F.
= 6a S.F.-SHED
x
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
= 3016 S.F.-DECK E STARE
x
= S.F.
F. Landscape
x
= S.F.
Underlain
x
= S.F.
By Plastic
x
= S.F.
G. Retaining
x
waaD
= 1 q 5 S.F. - RLi Al IOJCT
Walls
V/A LL5
H. Other
x
= S.F.
TOTAL HARDCOVER IN ZONE633
— S.F. A -
TOTAL PROPERTY AREA IN ZONE
-
- 503. S.F. S
A
+ B
x 100 = 12 S$ %
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.
G, Retaining
x
WOOD R Er.
_ QS S.F.-WALLS TO
Walls
REMA/oJ
H. Other
x
= S.F. -
TOTAL HARDCOVER IN ZONE
- 14S S.F, A
TOTAL PROPERTY AREA IN ZONE
- S.F. B
A
i B
x100 3. $ %
C
ZONING FILE NO. 073281 EXHIBIT C r z RESOLUTION NO. 5 G t
OM VAAe_E2KE5T HO N T F*IMC
6-7-07 Lvr IZ
HARDCOVER CALM WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0.75' 75.25 ' 2513-500' 500.1000'
EXISTING HARDCOVER IN ZONE
A. House x = S.F,
Length
widthS.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A
A. House
Length
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A
x = S.F.
S.F. A
S.F. S
B x 100 = %
x 151Z. S.F.- KO P05FD
Width
x = S.F.
x = 4-T S.F.- PORChF
x = S.F.
x = 539 S.F. nR�PDS
x = S.F. Y
x = 77 S.F.-PAORF5ED
x = S.F. 51 DEWALIL
x = IIS S.F.-PROPO55D
x = S.F. DECK
x S.F.
x = S.F.
x = S.F.
x = S.F.
x = S.F.
258,9 S.F. A
CM9" S.F. B
+ B x 100 = 28.33 _%