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Home My WebLink About#6119-variances-2012 4 A� V �� V�� • v/ �V• V � � \% Doc No A9859969 Certified, filed and/or recorded on 10/17/12 4:30 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith,Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 872633M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A 0' -75' HARDCOVER ZONE VARIANCE AND A 75' -250' HARDCOVER ZONE VARIANCE FOR A PROPOSED ADDITION AND DRIVEWAY RELOCATION ON THE PROP�RY LOCATED AT 3520 NORT�-I SHORE DRIVE FILE NO. 12-3538 .� o,�,. O O CITY of ORONO � , �-1 A► RESOLUTION OF THE CITY COUNCIL �'� �. . G�� No. � 1 1 9 ��k'ESH�g'� A RESOLUTION GRANTING A 0' —75' HARDCOVER ZONE VARIANCE AND A 75' —250' HARDCOVER ZONE VARIANCE FOR A PROPOSED ADDITION AND DRIVEWAY RELOCATION ON THE PROPERY LOCATED AT 3520 NORTH SHORE DRIVE FILE NO. 12-3538 WHEREAS, Colin Peters and Anna Peters, a married couple (hereinafter the "Applicants") have an interest in the property generally located at 3520 North Shore Drive within the City of Orono (hereinafter the "City") which is legally described as follows: Lot 3, Block 2, BALDUR PARK, Hennepin County, Minnesota (hereinafter the"Property"); and WHEREAS, the Applicants have made application to the City of Orono for a vaziance to permit 5.4% hardcover in the 0' — 75' hardcover zone where 0% currently exists and 0% is normally allowed; and WHEREAS, the Applicants have also made application to the City of Orono for a variance to permit 36.4% hardcover in the 75' —250' hardcover zone where 27.4% currently exists and 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDING S l. This application was reviewed as Zoning File 12-3538. 2. The Property is located in the One Family Lakeshore Residential District (LR-1C) and is included within the shoreland overlay district which regulates hardcover based on distance from the OHWL of Lake Minnetonka. 3. The Applicants are proposing to expand the existing home on the Property to increase livable space, and add an attached two-car gazage as no garage currently exists on the Property. Page 1 of 6 � o� O O CITY of ORONO , � u ;�., � RESOLUTION OF THE CITY COUNCIL �� ' . �G� No. � 1 1 9 �kEsHog' 4. The Property is only 49 feet wide which makes expansion of the home within required setbacks difficult. 5. The prominent lakeshore for properties in this neighborhood is south of County Road 51 (North Shore Drive), which dictates that garages are best located on the northern portion of properties to allow for m�imization of lake views from within the home. 6. The Property is a double frontage lot, and the proposed attached garage on the northern part of the home is closer to Balder Park Road than the County Road, so the proposed driveway connection to Balder Park Road will limit overall hardcover necessary for driveway purposes while simultaneously eliminating a private access point onto the County Road in accordance with general access management guidelines. 7. The Planning Commission reviewed this application at a public hearing held on February 21, 2012 and unanimously recommended approval of the requested variances based on the following findings: a. Residential use of the Property is appropriate given the existing use, the comprehensive plan and zoning allowances. b. The request to expand the existing home to a size allowed by code within allowable setbacks is a reasonable proposal that would otherwise be prohibited by official controls as the resulting hardcover is prohibited. c. The Applicants were not responsible for the location of the existing home or the grossly nonconforming lot width of the Property which together dictate how and where the existing dwelling can be e:cpanded. d. The use of the Property will not be changing and therefore will not alter the essential character of the locality. e. The Applicants are not proposing to construct the proposed additions solely for economic considerations. f. The small width of the lot, the location of the prominent lakeshore on the primary street-side of the home, the presence of duel 0' — 75' zones on the northern and southern portions of the lot, and the fact that the Property is a double frontage lot are unique circumstances differentiating the Property from others within the City of Orono. Page2of6 � o� O � O CITY of ORONO � � �+ RESOLUTION OF THE CITY COUNCIL � �� No. 6 1 1 9 '�',�� G EsBo g. Approval of the variance is necessary for the preservation and enjoyment of the Applicants' right to use the property for a single-family dwelling with a minimum sized two-car garage. h. Allowing the site to continue to be used for single-family purposes will not iinpair the health, safety or morals of the community. i. Granting of the variances is necessary to alleviate a demonstrable difficulty (e.g. conforming expansion of the home with safe ingress/egress for vehicles). j. 'Tne proposed driveway width and configuration (including a turnaround) is appropriate given the lack of on-street parking in the area, and is necessary to avoid undocumented hardcover from being created by vehicles leaving the paved surface. 8. The City Council has considered this application including the findings and recommendations 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. 9. The City Council finds that the Appiicants' requests would be in keepina 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 the following variances to Orono Code Section 78-1288(a)(1)to reconfigure the existing driveway on the property with 184 square feet or 5.4% hardcover in the 0' to 75' zone when no hardcover is allowed; to Orono Code Section 78-1288(a)(1)to construct a proposed addition on the Properly with 3,881 square feet or 36.4%hardcover in the 75' to 250' zone when 25%hardcover is allowed, subject to the conditions listed below. l. Council approval is based on the plan submitted by the Applicants revised January 30, 2012, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0' to 75' zone shall be limited to 184 square feet or 5.4% per the proposed survey/site plan and hardcover allowance summary as depicted on Exhibit A. The Applicants are advised that any future requests to increase hardcover or change the nature of Page 3 of 6 � o� O � O CITY of ORONO � ;�. �r RESOLUTION OF THE CITY COUNCIL �� No. 6 1 1 9 ��kESH�g'� existing/approved hardcover sha11 require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Hardcover in the 7�' to 250' zone shall be limited to 3,881 square feet or 36.4%per the proposed survey/site plan and hardcover allowance summary as depicted on Exhibit A. The Applicants aze 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. 4. The Applicants shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction. 5. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 6. The proposed grading along the new addition and driveway, as well as the proposed garage elevation, shall be shown on the plans submitted with the building permit application. 7. The Applicants shall work with the City engineer at the time of building permit review to implement better stormwater management in the area of driveway being removed. 8. The Applicants shall obtain a permit from Hennepin County for work in the right-of-way prior to issuance of the building permit. 9. Because this project will disturb more than 100 CY of material, sediment and erosion control information meeting the requirements of Orono's City Code 79-?(c)(2) shall be submitted for engineering review. The minimum $2000 sediment and erosion control financial security shall be required of the owner for this permit. 10. Because any change to the legal nonconforming portion of the structure would require a variance that has not been considered as part of this application, the Applicants shall provide building permit plans which show the legal nonconforming portion of the home will not be expanding in any way. 11. The City Engineer shall have the option to inspect the Property at the Applicants' expense during the construction process to ensure on-going compliance with all engineering requirements. 12. Authorities b anted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new Page 4 of 6 .� 0,�. O O CITY of ORONO �. � � �;��. �+ RESOLUTION OF THE CITY COUNCIL �� ry �� No. � 1 1 9 `�kEsxog'� construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances and conditional use permit will expire on that date (March 12, 2013). 13. The variance shall expire one year from the date of resolution. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby a��e to the recording of this resolution in the chain of title of the Property. ''` �*: � �"dopted by the Orono City Council on the 12�' day of March, 2012. ,.F s ;r��, 4>y.` d � - A,"�``I'EST: � �,. ;,. t _ . h'-. � � { � �.+� ... � V ' - " " �'�iida� `�e�, �ity Clerk Lili Tod McMillan, Mayor µ Y rir �I' � +4} � Property Owner rope er STATE OF MINNESOTA COUNTY OF HENNEPIN � /�, This instrument was acknowledged before me this�day of(�-��Jl , 2012, by Colin Peters, husband of Anna Peters. `.'��...�,-�-Q--p � Notary Public � Page 5 of 6 0 � � O � O CITY of ORONO �_ �-3 n. � �► RESOLUTION OF T�i,E� ,C�I�COUNCIL �� p'�'� NO. �� kESH�g'� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thi�0�ay of�C�-p�, 2012, by Anna Peters, wife of Colin Peters. f ;'t �.-�_.. ,:�' (UC-'� ' RACHEL DODGE Notary Public NOTARY PUBLIC-MINNESOTA My Canmissian Expres Jan.31,2015 Page6of6 P30-15-11 0 0 0 � . .: ,,� . e . . , __ � �� Rd r�_ -`,' ,� , EXHIBIT '.A.. e " � P�,�` -� C � � .' i � i i �a\�U \� E .�� `` fl�d � ' r, N�3p9� � � �_-� % /� �� /r�`\'. � � i i'W �� I�,� ----��— % i��/ i� L_�3!°_',-Q_� � i i � � � �N,�'`��4,� i %��iu i� % �� r.�� . m � �� - I �'N � �, ._ '��c °� � -""� � �� i � s � L ,� �,� � ` � � � � '� / � � z ��, � � � �� / 9as.o—� I \—`—` `I l�-�0(�'; � � � `�� 34¢�7�� 43' l�` I � I � � �F'\ io � �' � "e° (�B f .\ i I � ` � 7, P� y'P(� �� i� I ` ,' � �,�. `�p � °�� d � --� i i r--- \� ��/ � � � ~� �� gy��`i! ' '� 3�a��^"�/`�� \ �I / /// \� � b �' �.�, � \ �\ �� h`` � � �, �.`'/r,�\ ,� ' i d d'� , �'' ��i � � - � , d � r � � �- � � � t''`� ; ' "�:1�� M„ ' ,�' ' � a�-=� ,� a �h'�` �;' �/�;�• �'`. � /1 � ° a , �- � . ,. �oN;d,�� I �� ,i , ,, ��.� �� .—, � � �\`�\��\�\ ` fi �` �f'o�d� 335 �� \ � (� \� /�� //� � 1��c� lJI a?9, �\ �♦ �� 1 an�e meQ � � � 7 d '� -43,o �` � / C� � k��'''� '�`°^t�"" \��\`;\'\ ��\ i J�sss8�2?E s arot� o, s� y�/ "� i i �;► �\\ � � ,� � � 4�,�� t''1.� I �`�i �a�a �� , �,,d �_ �/-c y�-��,�,�' �° � �J�' � y �\ �� 1- I �``\ �� °J ,• ^ ��__ � �s,,� �� ,�� ,. � ��3 � 4��1 � � � � �� ,G � I r �'J �° � l y °''��.Q 9' � ?v. 4�� j' � � � � � � �' �--_� � ,�,� 4 � i . i� . � �. ` � �' Weib�� ,��--I i �e �� i� / `ii� l �\ ` � �i � i�� `� `£ w°di i � �O�� O � ��Si/� �� \ �---- � > �C�' � ip�;�- ii � I y� �� !i��i� _- I .y / � \ � / t 1� �, �/� . �.. I � J�o� r r �,� � � � �.� i � � �� Comer not Tound � �d 1 � �� O /. �Uj i � � ��1 ir,� �\ �\` � 1' � � �, ,,�� m � � � � ? o 3520 North Sh e Drive �''� � ,� �'► p: C oEsat�noN � � '1'�� = Groaa to4o1 lot area m 17,209 eq.tL,more or leas Lat 3.Blcck 2. � Y � � Mk+us rood eaaema+t�ea�3.140 sq.ft BALDUR PMK � � Nat total lot area�14,089 sq.ft Hennepin Cnunty,Minrusota Net total lot am� 14,089 s4�� flat bearFq,�o� - P r o �o s e d M1nus�oas area In North 0-75 zone�1.921 sq.ft. o Denotes tron momimant Minus net�sa In SouM b-7�xaw� 1.481 °yfR Net tot arsa In 75-2'SO zorta . 70,887 xq.ft. Cmtdninq 17,2D9�q.R,mors er Isae $Ca�9: 1� � 2�� 1 haraby certHy 4hal 1hb �urvey.p�on.ar Tolal buYd�g aree/nat?ot eiea e:13.e5A e eq.tt. ��on Pw�otyl em v d�u�y�I.mtcense�d�� 713NS u N�oss�Dr�ive yySUR SE{IN a� �.�.C. . � land Surveyor u�er!he Lawe of tha� Stnte or t Burnsville, MN 55306 _��Ray H. &andt (952) 435-1966 o,�.�Z �_Req.Na a�4o P30-15-11 Rev 30 Janu . �� 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 19�' day of March , 2012. � r_4 � ., t � V,/"`. � , 4' ` � ;� City Clerk � ,. ... �', .• (seal) .. , � � �-�� :�,: r, . �`' ,� � . ,,, _ - �� ',..,J ��;,`,�,„ � ��n c ,� ° �� s� °`�` . `.r � �.i:' µ � � ��: •�1�,Y .M12�� 1 '..-h'�.�..,. M��;h{� RM � e'?'