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Home My WebLink About#5873-variances-2009 ��OS �rr�_�� i� Doc No T4714004 Certified, filed and/or recorded on 12/17/09 11:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 591484 Doc Name: Resolution Document Recording Fee $46.00 Multiple Certificates Affected $20.00 Fee Document Total $66.00 Existing Certs New Certs 1226803 1226782 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 & 78-1288 FILE NO. 09-3422 � �� O ,� 4 �_ , ,, CITY of ORONO � � - � � � ��... � RESOLUTION OF THE CITY COUNCIL �L�kESII�4�G NO. � �? % �:. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 �: 78-1288 FILE NO. 09-3422 WHEREAS, Richard A. Anderson and Leesa K. Anderson, husband and wife (hereinafter"the applican�s") on behalf of the Leesa K. Anderson Trust the owner of the property located at 3205 Crystal Bay Road within the City of Orono (hereinafter the "City") and legally described as follows: Attached as E�:hibit A, Hennepin County, Minnesota (hereinafter tl�e "property"); and WHEREAS, the applicants have made application to the City of Orono for a ��ariance to Orono Municipal Zoning Code Section 78-350 to allow additions to the existing home within the required side yard setbacks on tl�e east and west sides of the property; and WHEREAS, the applicants have made applicatioil to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 within the 0-75' zone to allow 21.5% hardcover where 0% is allowed and 22.6% cunently exists, and within the 75'-2�0' zone to allow 34.8% hardcover where 25% is allowed and 44.4°ro cui7ently eaists in conjunction with the construction of additions to the eaisting home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Miiulesota: FINDINGS l. This application was reviewed as Zonin�File 09-3422. 2. The property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimun� lot width of 100'. 3. The P1arnling Commission reviewed this application at public hearin�s held on August 17, and September 21, 2009 and recommended approval of variances based on the following findinas: Page 1 of� � O� O ��, � � ��_ - C ITY of OROl�O �� . �.� � �.� � p'�' RESOLUTION OF THE CITY CQ�JNCIL L`9 4��' N O. " � : �; kESH� a. The property is divided by the inunicipal boundary between the City of Orono and the City of the Village of Minnetonka Beach. b. Within the portion of the property in the City of Orono, the property contains 16,615 s.f. in area and has 109' in width at the OHWL and 8T in width at the 75' setback. c. The lot is substandard in area and a residence has existed on the property for many years. d. There is no additional land available to bring the lot width or lot area into confonnity. e. The proposed residence meets the structural lot coverage limitation of 15%. f. The proposed level of hardcover on the property is necessary for managing the stonn water drainage on site and accessing the home. � g. The applicants have proposed a stormwater infiltration system along the newly proposed sidewalk south of the home to accommodate stornlwater drainage on the property. h. All newly installed hardcover will be constructed using pervious materials. i. The ille�al deck constructed in 1988 is to be i-educed and incorporated into the proposed porch per Exhibit B. 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 variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions e�isting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other dan�er to nei�hboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property rigl�t of the Page 2 of 5 � O� O _,� � �;, -3 , � CITY of ORO1�T0 � �� RESOLUTION OF THE CITY COUNCIL �L �'G � �' � � �kEsH�4 NO. -' _. ~ applicants; and wou]d be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upozl one or more of the above findings, the Orono City Council hereby �rants a variance to Orono Municipal Zonin� Code Section 78-350 to allow two additions to the existing home within the required side yard setbacks —on the east side a 0' setback wl�ere a 10' setbacic is required and on the west side a 6.4' setback from the side lot line where a 10' setback is required are proposed; and a variance to Orono Municipal Zoning Code Section 78-1288 within the 0-75' zone to allow 21.�% hardcover where 0% is allowed and 22.6% currently exists, and within the 75'-2�0' zone to allow 34.8% hardcover where 25% is allowed and 44.4% currently exists in conjunction with the construc�ion of additions to the e�isting home, subject to the followin� conditions: � � 1. Council approval is based on the site plan and building plans submitted by the applicants and aimotated by City staff, attached to this Resolution as Exhibits B & D. Any amendments to the site plan which are not in conformity ��ith City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-7�' zone shall not increase aUove the level of 1?40 s.f. or 21.�%. Hardcover in the 75-2�0' zone shall be liinited to 3,653 s.f. or 34.8%o per the proposed plan and hardcover allowance summary as depicted on Exlvbit B & Exhibit C (fhe Hardcover Plan). Applicants are advised that any future requests to increase hardcover or chan�e the nature of e�istin�/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without coilcurrent reduction in existin� hardcover. 3. All new hardcover to be installed shall consist of pervious materials. Instal]ation plans and product information shall be submitfed with the application for the buildin�permit. 4. With fhe coiistruction of the porch addition, the file on the illeQal deck constructed in 1988 and inodified as described in Exhibits B &D shall be deemed closed. 5. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and Paae 3 of� � o� o ��, o � :_� �ITY of ORONO � � :�� :.� � � , ::�� RESOLUTION OF THE CITY COUNCiL �L`qkESH�4�� NO. � � � � b. An as-built grading plail verifying compliance with the building permit, storn7water management, grading and draina�e plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 6. The building plans submitted for building pernzit will be reviewed to ensure compliance with the City's building height and nuinber of stories re�ulations. 7. Applicants shall remove and not replace all plastic or fabric liner nlaterial from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 8. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection. 9. Authorities granted by this resolution run with the property not with tl�e applicants, but are pennissive only and rnust be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, ar the variance will expire on that date (October 26, 2010). 10. Violation of or non-compliance with any of the tenns 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. 11. The undersi�Zed applicants have read, understand and hereby agree to the tei-�ns of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�ls, hereby a�-ee to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council oil the 26`" day of October 2009. Page4of� � o� o ,, o - �aa.:- CITY of ORONO � � � � b�;:.; � RESOLUTION OF THE CITY COUNCIL ��kES�IO�� NO. � ,�j � � ATTEST: �� ,��`, C'�'-e- Ci�,� l�l� L,J�� Linda S. Vee, City Clerk J mes M. White, Mayor -. �. � ` '�'� �'_ , ~��` �`��'�/ Property Owner(s) � STATE OF MII�TNESOTA COUNTY OF HENNEPIN This instruinent was acknowled�ed before me this I 7 day of /U , 009 by Leesa K. Anderson, wife of Richard A. Anderson on behalf of the Leesa K. Anderson Trust. , , � BARBARA G. SILUS ��Q NOTARY PUBLIC-MINNESOTA Notary Public :,�„ My Commission Expires Jan.31,2013 � STATE OF MINNESOTA COUI�TTY OF HEI��IEPIN This instruinent was acknowled�ed before ine this /7 day of��Jv 2009 by Richard A. Anderson, husband of Leesa K. Anderson, on behalf of the Leesa K. Anderson Trust. ` BARBARA G.SILUS �Q�4,BQ�-Q NpTARY PUBLIC-MINNcSOTA ��otary plib I1 C � ��,� �qy Gommiscion Exyires Jan,31,2013 � Pa�e � of� ZONING FILE NO. 09-3422 EXHIBIT A RESOLUTION NO. , ` � � � � LEGAL DESCRIPTION OF PREMISES SURVEYED: That part of Lot 1, Blc�ck 2, Townsite of Langdon Park including portion of Northern Avenue now vacated, described as follows: Commencing at the point of intersection of the Northerly line of the righi-Of-1N.$� C)f tI'iE� Great North��R Fa:l�n�ay C�mpany with the S��therly exters�,�n nf the dividing line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence Northwesterly along the dividing line between said Lots 1 and 2 and same extended, a distance of 213.14 feet; thenc�: Northeasterly deflecting right at an angle of 82 degrees 55 minutes from last described course a distance of 240 feet; thence continuing Northeasterly deflecting right at an angle of 12 degrees 12 minutes from last-described course a distance of 60 feet to the actual point of beginning of khe tract of land to be described; thence continuing from said actual point of beginning Northeast�rly on the extension of said last-described line a distance of 44.5 feet to concrete monument meander corner; thence continuing No�theasterly a distance of 36 feet to a point in the centerline of platted street now vacated which abuts upon the Easterly line of said Lot 1 and which point is 281.35 feet North of the intersection of the centerline of said vacated street with the Northerly IinE� of the right-of-way of the Great Northern Railway Company; thence Southerly along the centerline of said vacated street to a point in the Northerly line of said right- of-way which is 210.�feet distance from the initial point of commencement measured along the Northerly line of said right-of-way; thence Southwesterly along the Northerly line if said right-of- way a distance of 35.8 feet; thence Northerly a distance of 268.6 feet to the actual point of beginning of the tract of land described; excepting, however the easterly 7.5 feet thereof; also including all that part of said Lot 1 lying between the Northwesterly and Northerly lines of the premises hereinbefore described and the shore of Lake Minnetonka, and between the Northerly extension of the Easterly and Southwesterly side lines of the premises hereinbefore first described, together with all riparian rights, accretions and relictions appurtenant thereto, according to the plat thereof on file and of�ecord in the office of the Register of Deeds in and for said county, That part of Lot 1, Block 2, Townsite of Langdon Park including portion of Northern Avenue, now vacated, described as follows: Commencing at the point of intersection of the Northerly line of the right-of-way of the Great Northern Railway Company with the Southerly extension of the dividing line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence Northwesterty along the dividing line between Lots 1 and 2 and the same extended, a distance of 213.14 fEet; thence Rortheasterly deflecting right at an angle of 82 degrees 55 minutes from Rast described course a d�stance of 240 feet to the actual point of beginning of the tract of land to be described; thence Northeasterly deflecting right at an angle of 12 degrees 12 minutes from last described course a d�stance of 60 feet; thence Southeasterly a distance of 268.6 feet to a point in the Northerly line of said right-of-way of the Great Northern Railway Company, which point is 175 feet Northeasterly me�asured along the Northerly line of said railway right-of-way from the initial point of commencem�nt; thence Southwesterly along said Northerly right-of-way line 35 feet; thence Northwesterfy in a straight line 2632 feet to the actual point of beginning; also including all that part of Lot 1 in said Block 2 lying between the Northwesterly line of the premises hereina�bove described and the shore of Lake Minnetonka, and between the Northerly extension of the Northeasterly and Sot�thwesterly side lines of the premises hereinabove first described, Together with all ripad�ian rights, accretions and reiictions appurtenant to the above-described tract of land; That part of Tract C I��ing Southwesterly of a line drawn from a point in the Westerly line of said Tract C, 44 feet Nortr� of the Southerly corner of Tract C, to a point in the Southeasterfy line of said Tract C, 42 feet I�ortheasterly of the Southerly corner of Tract C, Registered Land Survey on. 429, Files of Registrar of Titles, County of Hennepin. 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' � I ' � 1 _- • ..: -�- L7 `�'-� � � :1 �--_��-- �- � — � � - � �� , �, x o � � �� ,- !�_i -h ,,, ; ;�� - :,,. � � � i� � ,'-�-- _, _ ,, , � � � � , � � . � � I 1 � � � �C' 7'I.� � �' � , � , , � - �� ' �, �� ; �.� -- � -_--- �� -r�, � �_ � - r- I�, �f � I___��, `- `.�-- -1�� - - --- ` �-� _ ��; � � ; _ I � ��-, iI � -�-� \,-�c f�' ; - ; �� ; I_� �� ^ �= � ~'-1-� � I �� -- - ; _- — � � a,�^�_��, _ --_-- - � — -- z ; --;�- - _=_-- , ,-��--- ___-_ , - - ---- —_ ----._._..— -- � _�.�_ _ ... _. - " _'_' �_._ •__ . "'.'_.._t5 ,. .._..�_-.v.4'_, '�„i^�-.:= d.. ._- . . ..-�� 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 October 26, 2009, 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 2°d day of November , 2009. �/��2..�.�✓ �- G'/�-t=`�-- City Clerk (seal)