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Home My WebLink AboutResolution 5731 . , , �� r�'t��. ��G��- �?J� Doc No 9129645 05/05/2008 04:11 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 394220 , Deputy 52 Fees � $35.50 DOC $10.50 SUR $46.00 Total j�ay�r�R ENTERED HENNEPIN COUN?Y TAXFAYER SERVIC�S MAY 0 5 2008 HENNEPIN C UNTY MINN. B � DEPUTY ' , �� A A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-967 AND 78-1288 FILE NO. 07-3330 � ' ' • . � O� O O � � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��kES�I�4�G NO. A RESOLUTION GRANTING VARIANCES TO MU1vICIPAL ZONING CODE SECTIONS 78-967 AND 78-1288 FILE NO. 07-3330 WHEREAS, Dennis Walsh and Amanda Walsh, husband and wife, (hereinafter "Owners") are the owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter "City") and legally described as: Lot 13, Rest Point Park and Lot 11, Subdivision of Lot 14, Rest Point Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Owners have made application to the City for a varianc� to Municipal Zoning Code Section 78-967 to allow construction of new steps to the lake with a 0 setback from the southwesterly side property line when a 10 foot setback is required; and WHER.�AS, Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1288 to allow landings in the stairs larger than 32 square feet; 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 a public hearing on February 19, 2008, 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#07-3330. 2. The Property is located in the LR-1B zoning district, where 1 acre is the. minimum, lot area and 140 feet is the minimum lot width. The Property is approximately 0.72 acres in area and 120 feet in width. 3. The Planning Commission reviewed this application on February 19, 2008 and on a vote of 7 - 0 recommended approval of the variance, based on the following'findings: Page 1 of 4 r..,., ., � � � O� O O ,� � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kE3II�g'�G NO. 5 7 3 1 a. The property has a very steep lakeshore. The existing stairs to the lake are cut into the slope and constructed over the previous set of stairs. The flat � portion of the lake yard drains toward the top of the stairs. b. The proposed stairs are to be located over the existing stairs, which would stay in place. They will be constructed above grade. c. The City Engineer has deterrnined that it would be extremely difficult to remove the existing stairs and stabilize the area. d. The City Engineer has determined it would be impossible to remove unneeded portions of the existing lower landing without reconstructing the six foot high retaining wall that forms the back of this landing. 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 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 Owners but are necessary to alleviate a demonstr�ble hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping 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 gra.nts a variance to Orono Municipal Zoning Code Section 78-967 to allow construction of new steps to the lake over the existing steps to the lake with a 0 setback from the southwesterly side property line when a 10 foot setback is required and a hardcover variance to allow two 40 square foot landings in the stairs when the maximum allowed is 32 square feet, subject to the following conditions: 1. Council approval is based on the site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendmex�ts to this may require further Planning Commission and City Council review. Page 2 of 4 , � . ., „„., , . � O� O O � � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESII�4'�G NO. .ri 7 � � . 2. The lower landing may remain in place until the retaining wall at the rear of the landing is reconstructed. It is expected the portion of the lower landing not part of the new stairs will be removed at that time. A final determination will be part of conditional use permit required for replacement of the wall. 3. The Owners shall obtain written permission (in a form acceptable to the City Attorney) from the adj acent property owner to do work on or disturb that property. 4. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the stairs before March 10, 2009. 5. 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. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this l Oth day of March, 2008. �'�'�ST � -��. e grs'ti, .+� �m,a r F y . ��t"i i ' } ` 4 �n 'k t r y., � ��. •;'�. i�:#y��s�.r��,� �, a�-s'..,. �J ��.&�:p?„� dry� ��/ G.�^�"�'' j�� .ri�t 1�� r � �. /�`V�W . ,�r� p 7P�� 41 ��"'" _ ' �� GI�� F!�~" -��u„��,��`�e��± ity Clerk � es M. White, Mayor ��+ti{�'. f..�s:.�se��°'s'f(� f �?'i�" . ✓ ' •t��M'A��e•:•yY . .. Y V.+t�Ftii {". �� 'tr. 1 . � Dennis Walsh Amanda Walsh Page 3 of 4 , � . , �O� O O � � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�`'�G � No. 5 7 3 1 STATE OF MINNESOTA COUNTY OF HENNEPIN This instxument was acknowledged before me this�day of I�GU^G� , 2008 by Dennis Walsh, husband of Amanda Walsh. �a� BARBARA G•SILUS NOTARY PUBLIC f M an 3So2013 My Commiealon Exp �� Notary Public STATE OF MINNESOTA COUNTY OF HENNE�IN S� This instrument was acknowledged before me thi�� day o _, 2008�by Amanda Walsh,wife of Dennis Walsh. MONICA A.FADNESS (ly;�:LC/ NOTARY PUBLIC-MINNESOTA My Commission F�cpires Jan.31,20�2 o ary Public Page 4 of 4 . � . . I ZONLNG FILE NO.07-3330 EXHIBTT A RESOLUTION NO. 5 � 31 �1zX ,o �� , , � --' � � � 4X4POST � _ ,� TYP Ii � �. ' � I 2 1/2�0 CARRIAGE BOLTS r - � T Y P 0 H E A D E R S i i I r ' i 2 X 12 SIRINGERS, TYP W � i _ i ' STAIR 1FtEADS TO BE (�/ L1d � � 1REX DEqC BOAR05) Z p �'� � (� i - -� ' r - � i � -—- � - 1 , pUSi STAIR � _ :� (BEYOND) i � _ � � � - � � v�r r w war�w �'-�o' v � -�i PlA18JER � T�R�EpX DECKING , W tl I � _ I . . 11r r i � � I I � � � I I { � I i ' r i 4 � - ; ' 1r�ndw.q skcps � � _ _ ----- -—- — -—- — — � _� � o r � i i' I � � I b b } -1 � i d M � I _� ---� � �------+ i, � ' � ' ---- --- ---- --- ----- 3 51M � 4 I � � I 'S�iap`�, : .� � � � _ _-___ t 4 � � SIM b ' i � � ��,�� s., d - --- ----- '' s�, S i�«q � � _ _ . � � • F , 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 10, 2008, 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 1 lth day of March , 2008. ,� ,. , _ // , � � ��e� V�� `'i"�,.y`�,9��.! '`�.,�+ c-Ll�==,� � µ.� .z:.� City Clerk (�eal�.� ' . t "�`" ' c,� ,-IfM A l I:Y�.w�~ �j� �V :A6 6 +:t�� 'y� :.,{ e it y�."��,�`��t.' l N r .,s� =/,�.�` � ..�, t�'c�"'h.p s F � . . . � e �r�,� . �we � i y� ��.a ,.i;�kk'.txr. .