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Home My WebLink About#6120-variances - 2012 � �� j� � �. .� 0,�. O ��:, O CITY of ORONO �T��Va�,. � ��' � � RESOLUTION OF THE CITY COUNCIL � � g4'� ��lK' �� G'�' NO. � � � O ��kESH�g'� A RESOLUTION GRANTING A 7�' —250' HARDCOVER ZONE VARIANCE FOR A PROPOSED ADDITION AND AN AVERAGE LAKESHORE SETBACK VARIANCE O� THE PROPERY LOCATED AT 2807 CASCO POINT ROAD FILE NO. 12-3�4� WHEREAS, John M. Bailey and PattS� L. Baile��, a married couple (hereinafter fhe "Applicants") have an interest in the property generally located at 2807 Casco Point Road within the City of Orono (hereinafter the "City") which is le�ally described as follows: LEGAL DESCRIPTION OF PREMfSES: Lots 123 and '124, That paR of Lake Shore Avenue, vacated, lying between the extensions across it of the Southeasteriy line of Lot 123 and the Northwesterty line of Lot i23; Tiiat paR of take 5hore Avenue,vacated, fyinq i�tween the extensions across it of the Southeasterry(ine of Lot i24 and line extending from the most Wes'teriy comer of l.ot '!24 to the most Northeriy corner of the tra�of fand across from Lot 124 on fne opposite side of Lake 5hore Avenue as designated and defined in the instrument of dedi;ation on the pfat of 5pring Pa�{c ' That tract of land across from Lo:�23 on the opposite side of Lake Shore `'�, Avenue as designated and define.7 in the instrurnent of dedication on the plat of � Spring Park; That tract of land across from Lot 124 on the opposite side of Lake Shore Avenue as desionated and defined in the instrument of dedication on fhe plat of Sprina Park; That part�f Lot 126 described as beginning at the Northeast corner thereof, thence Westerly along the Nortnerly line tnereof 20 feet,thence Southerly paraliei to the Easteriy line of Lat 126 a distance of 38 f�et,thence Easterly to a point on the Easterly line of Lot 126,distant 38 feet Southecty along the Easteriy line of Lat 126 from the Northeast comer of Lot ;26,thence Northerly afong the Easterly line of Lot 126 to the point of beginning; Sprino Park (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to permit 27.1''% hardcover in the 7S — 250' hardcover zone where 28.16% currently exists and 25% is nonnally aliowed; and WHEREAS, the Applicants have also made application to the City of Orono for a variance to permit construction of a proposed addition four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildin�s on the� immediately adjacent lakeshore lots. � Pa�e 1 of� � O� � �: O CITY of ORONO �� a L � , � � �'� '�''� � RESOLUTION OF THE CITY COUNCIL � � �� ti � , �'� N O. � � � n ��kESHO�'� NQV�', THEREFORE BE IT RESOLVED by the Cit�� Council of Orono, Minnesota: FINDING S 1. This application was reviewed as Zoning File 12-3>45. 2. The Property is located in the One Family Lakeshore Residential District (LR-1 C) and is included within the shoreland overlay district which regulates hardcover based on distance from the OWHL of Lake Miruletonka. 3. The Applicants are proposinb to expand the existing home on the Propert5� to increase Iivable space, while simultaneously removing existing structure and hardcover such that the net result will be a 1.04% reduction (171 square feet) in overall hardcover. 4. In addition to the proposed 1.04% reduction in hardcover, the Applicants will be removing 365 square feet of illegal plastic under landscaping as a component of the proposed project. 5. The existing home is currently� twelve (12) feet beyond the average lakeshore setback Iine (the straight line connectin� the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lotsj. 6. The proposed addition will be four (4} feet beyound the average lakesnare setback line. 7. The Property is located at a point where the peninsula curves which results in the neighboring home's prominent lakeside view being oriented away from the subiect home and the proposed addition location. 8. The Plannin� Commission reviewed this application at a public hearing held on February 21, 2012 and unanimousl�� recommended approval of the requested variances based on the following findings: a. The proposed addition will not impact li�ht and air from reachin� adjacent properties.. and results in a home that is still conforming to structural coverage maximums. b. The proposed addition will not block prominent lake views from the lakesides of the neibhboring homes. Page 2 of 5 � o� O �, O CITY of ORONO ��\a�. � i�'`�;_.G � RESOLUTION OF THE CITY COUNCIL ''� ��~�;,� �� , , : ' �,�, NO. � '� � � �kESH�g'� c. Proposed improvements will result in a net hardcover reduction of 171 square feet (�36 square feet including elimination of i1leUal hardcover), which will improve stormwater qualit�� on the Propert� fulfilling a main �oal in the comprehensive plan. d. The proposed addition location and size is reasonable as it will be conforminb to mass and side yard setback requirements, a�1d will not block a prominent lake view currently enjoyed by the neighbaring home. e. The location of this home and the neighborinb homes are unique due to their positionin� on a curve witlun the peninsula. f. The proposed addition will not alter the essential character of the locality. �. The Applicants are not proposing to construct the proposed addition solely for � economic considerations. h. The location of homes in relation to the curve on the peninsula is a unique circumstance which differentiates the Property from others within the City of Orono. i. Approval of the variance is necessary for the preservation and enjoyment of the Applicants' right to use the Property for a single-family dwelling conforming to allowable size requirements within a location conforming to the intent of code. j. Allowinb the p:oposed addition will not impair the health, safety or morals of the community. k. Grantin� of the variances is necessary to alleviate a demonstrable difiiculty (e.g. conforming expansion of the home). 9. The Cit�� Council has considered this application including the findin�s and recommendations of the Planninb Commission, reports by Cit�• staff; comments b�� the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 10. The City Council finds that the Applicants' requests would be in keeping with the spirit and intent of the ZoninQ Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby �rants the requested variance to Orono Code Section 78-1288(a)(1) to construct an addition onto the existing home on the Property with 4,459 square feet or 27.12% hardcover in the 7�' to 250' zone when 25% Pa�e 3 of� .� o�,. O {�; O CITY of ORONO �,a'... :�� ,� ; +-� ��z��, � RESOLUTION OF THE CITY COUNCIL �� . ::� � � � � '� NO. �,��E; ' o,��,C:' SH hardcover is allowed; and also grants the requested variance to Orono Code Section 78-1279(6) to permit construction of a proposed addition four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediatelv adjacent lakeshore lots; subject to the conditions listed below. 1. Council approval is based on the plan submitted by the Applicants dated January 10, 2012, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with City codes will require further Planninb Comrnission and City Council review. 2. Hardcover in the 7�' to 2�0' zone shall be Iimited to 4,459 square feet or 27.12°/o per the proposed survey/site plan as depicted on Exhibit A. The Applicants are advised that any future requests to increase hardcover or chanae the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existina hardcover. 3. The Applicants shall obtain all necessary permits and approvals from the Cit}' and other applicable entities witl� jurisdiction prior to an�� construction. 4. Construction shall follow the survey� and plans as submitted or as required to be updated b_y the City Engineer. �. The proposed �rading along the new addition shall be shown on the plans submitted with the building permit application, and existina draina�e patterns sI7a11 be maintained except as authorized by the City Engineer. 6. Because this project will disturb more than 100 cubic yards of material, a Storm Vi'ater Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 7. The Applicants will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCVVD approval. 8. The City Engineer shall have the option to inspect the Property at the Applicants' expense durin�the construction process to ensure on-goina complianee with all engineerinb requirements. � 9. The variance shall expire one year from the date of resolution. Page 4 of� � o� O ,�,,, O CITY of ORONO ��a`a : � �;��'" ��, �+ RESOLUTION OF THE CITY COUNCIL � �� ,ti *�,;� � NO. � � � O �� `�� ,� �C� �kESH�4 The undersianed Applicants have read, understand and hereby a�ree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recordin� of this resolution in the chain of title of the Propertv. � Adopted by the Orono City Council on the 12`h da}� of March, 2012. .t�, ,;``.ATT��•�°'' -`, ,- . ,, , . .� - �� ;�' �!� '�-�;.�.. � � ��.. .�;inda S. Vee;'City Clerk Lili Tod McMillan, Mayor . � � . �G'/- �`"l �= ��C-G� =� Pro ert�� Owner Property Owner ��,�il STATE OF A��]��9�'A r�-r-_�rT.rr.nn.T ��• • °*`��'AS�.��'` �.' • ••a •4°•`•f�°a • This instr�i�n t was acknowledged before me this � day of��t��, , 2012, by John Pv1. ��{��us� of Patty L. Baile}�. �� NJ1. ;�`�; 9� o � Y �` �F��'��;'�.�'�', �"e�l�lic ,� ��5 Notary Public l,�}l�`}'"``D STATE OF A COUNTY OF��T�� r.�- This instrument was acknowledged before me this�� day of �,��rt , 2012, by Patty L. Bailey, wife of John M. Baile��. `6 o�a'�v ��,n� �� • '�r` � . �� `��I.� �� .� Notary Public �;. ._ .., m A �� .'F� � �L "�' `� `" �f� Page � of� My canm.E,�.052o-2015 • �,, �, Kesoiut��n o �253p.`N � � � NE COR OF Exhibit A . '. ti�; � � LOT 126 EXHIBtT "A" o � � � � Y � ��a � - O � � CERTIFICATE OF SURVEY FOR m JOHN BAILEY �'��,, S'' °° / � � � p / zS3p.� IN LOTS 123 & 124, SPRtNG PARK \�'��`[`` �—�– HENNEPIN COUNTY, MINNESOTA � � � � \ `��T ' ��\ � � 7-� � �, �.�'k tis�, i�k co � / ,�0.�� 493 q "o�,y \ � �,^ \'O.�?�\ \\`e., � �'W FS�R �19 �.r.`a \f\ �2p�rTF�� /lr/ �,��j,06 � / �\\. / �--- G N�us� '�� sr�/ � � < EX\ST1N5 5� � � � i '��, / � � 84 � i #2 �\ � � �„ � ✓�= �yi .C9 � � � \� ��Z-., / o`� ��C� � � �:, 6y� ',. ,e, �e / '—�y'�, \g�$' � � `,w?� '�„ \V/� qA �C�P �'\ I �� '•�. DECK w;,. J � .�c � � � ,,, �� .��, .� � � ��o ,. ,� � � � �,,� `. �• � "'"�� 2.r . � � _; � ' :�\,�� `� �.� �_\ '.R�� i ��_ � `\� e�L �\� / ��..° �� G' s�` v-�� ,\�\\\\\\\\\� �`� ,�\. 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'� LFGAI DESCRIP710N OF PREMISES�. ��;\�� 'L�M��\�� Lots 123 entl 124, �'\`\\\ �� \�\,� � ��\` 7hat Dert of l.eke Snme Avmie,Ve�fed,lying berv+een the etler�sions sooss il \ ' � ' � \ d tl�e So�nMactMY4ne M lW,123 aM Ne NorthweslerlY line of Lot t23'. �\� \\�:\_�\��\��`.��\. Tret oart of Laka Srore Avanie.varaletl.Mno Cetween tne exiensrons eaoss I; �\.\\.�.�`., ', �\ � . OI I11C SOUIhBB6tHIY�011DI 124 Hfld IIfiBlff�E(W��IO IfO1T V1B R16L�WY6tBf1�' �.� � \�\\\\ \ mmer or�nt tza to uie most r�onr�edy c«re�a u,e v-.ct a iana awss mm�ot .� •. ,�.�'' ' �� 0 2 D 40 80 '124 on ihe�pposile wde of Lake Shore Avenue es tles�gnatea aM defir�v�Ne \`��\��•.�� In5Nm1lflt Of OGtl�C2UOt1 D11 tll!DW10f SMt19 P� ^. .\ \.\\\\ \\;\ �'.\ �� Thst uact W 1an0 aQoss hom Wt iZs on ina oPPo��e tlde cf LaKa Srwre `��.��\..\\\\\ I�� Mvenue as OespnateC aM Ceh�ed m ll'e inSVumen[of tledication on Uie P�ol . ,..\`.��. 6pnnp Patk; l:��-��-�� SCALE IN FE�T �T�t t2a o11eM eams�hom Lot 124 m the oppoaite dde of Leke Snore �.�� .�� Avenue as tlesqnaed and tlefirod in the ireuwnent of tletliolw�on Ine det ot �.-��•\�, •.��-.��'� Sa�n9 Park; � �� Thet oatt a(Lot 126 Des�tlbeC ae beplrvwnp at tne Norinmat comer ttisrsot, `\�� fienee Westerly alrmg tne NcrtMrly luie 4roreof 20 IceL Nence Soutneny � �� paralh,y lo the FjeteAv line of Lot 126 a Cutenm of 38 lee�Ihence Eas�e�Y W a odnf on Ihe Eacterrv Yne W I�t 12e,o�:3b het SoutnehY oi�g the Easteny Iine ot Lot 17B irom Ihe NatMazt mmer of Lot 126.ihence NorlheM1y alon9 the E89lCtly 11118 of lDt 77&b Ule pWM O(beplMlllb: $(lfl(q PBfk ih�s wrvey anows ma tounnanes M me atove aescrlbetl property enC me wcatmn ol an eziatinp hase,garage.tlnva.ray.antl all olher Hside"narticovef' p�ereon.aM V�e topog�aDhy of Ne prooeM1y.It aoea no[p�apon b u+w+any dher implovemws or encroa lmenLt. �h9n�xer tow�C -.^6ustinp waow Yne Beanrgs&�w.n are Oaced upon an asmimsd axum a'�t aEvsnn or.rc oescwrrwN GRONBERG 8 ASSOCIATES.INC. �HEREBYCERTIF'l11NTTiU68UqVEY.PLW.piREGOFi scti� W/SPREPMmBVNEOftUIDERMVOWECT9J{'ERVIbIIX�ANC 1"�IO� CONSULTING ENGINEERu.LAND SURYEYORS, T�ATIM.1 A WLY 110EN6EO RtOFESSOH4L EN(31NEER M1O UND DATE ON�wn' $UqVEYpR UNOQi 7fE UWS OF THE STA7EOF IRYIESOTA. SRE PLANNERS 7-10.12 CHECKED 405 N.WILLOW�R LONG LAKE,MN.55356 �� JOB NG. 852-C73-8��t � �� 1 �ATE�-'��>> MN UCENSE NUMBER �L'�f� 11a66 1}J5B 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 March 12, 2012, 2012, 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 19th day of March , 2012. y ,t�. : -.:"� .. �,f; e � ��,�� ''�—_ �� . . t.: :, � -�•� �� City Clerk �' (seal) �� :.; _ ;,� . c' � � e -�.�5.��"�''�� k�.,� �'.r � � � � -, � � a 8�� o�r�� oa� Doc No T4947019 Certified, filed and/or recorded on 4/17/12 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 795304M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 796239 ,�' 1' This cover sheet is now a permanent part of the recorded document.