The URL can be used to link to this page

Home My WebLink AboutResolution 6731tVo definquent taxes Transfer Entered Mar 16, 2017 2:14 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer Existing Certs 1437410 Deputy 117 Doc No T05429507 Certified, filed and/or recorded on Mar 16, 2017 2;14 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Pkg ID 1523555C Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. RESOLUTION OF THE CITY COUNCIL NO. � � � • •. .� . . .� •', •,; •�; •: � FILE NO. #17m3900 WHEREAS, the property owner made application for a variance from the lot area requirements far the property located at 1090 F9eritage Lane and legally described as: Lot 6, Block 1, Foxhill, H�nnepin Co�nty, Minc�esota (hereinafter the "Property"); and WHEFiEAS, the variance request is necessary to facilitate a boundary line adjustment between the Property and the adjacent property located at 1780 Shoreline Drive; the Property will not meet the 2.0 acre minimum lot size; and W9iER�AS, on February 21, 2017, after published and mailed notice in accordance with Nlinnesota Statutes and the City Code, the Planning Commission held a public hearing regarding the Property at which time all persons desiring to be heard concerning the application wrere given the opportunity to speak thereon; and WHEREAS, on February 21, 2017, the Planning Commission recommended approval of the variance; and VVHEREAS, on March 13, 2Q17, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; RIOW,1'HEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby [approves/denies] the requested variance as described above based on one or more of the following findings of fact concerning the Property: � • 1. This application was reviewed as Zoning File #17-3900. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A Lakeshore Residential 2oning District. 3. The Property contains 0.98 acres in area and has a defined lot width of 295 feet. RESOLUTION OF THE CITY COUNCIL �o. � � j �I 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. The following variance has been requested: a. Lot area variance 6. In considering this applicatio� for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area, � 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The lot area variance requested is consistent with the general intent of the Ordinance. The size of the Property is generally consistent with the other properties in the Foxhill neighborhood, The variances are in harmony with the Ordinance. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variance allows the redevelopment of the single family lot, this use is consistent with the comprehensive plan. The variance allows the nonconforming nature of the lot to decrease. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes fo use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The owner wishes to develop the Property with a single family home in the future. The awner has requested a lot line adjustment via an administrative subdivision exception in order to increase the area of the lot by approximately 3,900 square feet. To qualify for the subdivision exemptian the lot area variance must be granted. � b. The pligh[ of the landowner is due to circumstances unique fo his property not created by the landowner. The owneF did not create the substandard lot size. c. The variance, if granted, will not alter the essential character of the localify. " RESOLUTION OF THE CITY COUNCIL rro. � � J i The proposed variance will not alter the character of the neighborhood as most of the Foxhill properties are similar in size. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Niinn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6, "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a residence is an allowed use in the LR-1A District. 7. "The board or council may perrnit as a variance the temporary use of a one-family dwelling as a twa-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining propetty." The nonconforming lot area of the Property is not uncommon in the surrounding neighbo�hoad. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Properly is generally consistent with 4he neighboring properties with respect to size. . 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be met. 11. "The granting of the proposed variance will nat in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property coupled with the 2-acre district setbacks create practical difficulties afFecting the Property; the variance is necessary and not merely serve as a convenience to the owner. RESOLUTION OF THE CITY COUNCIL �No. � 7 � � . . .-. - . . . , . ; Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow development of the Prope�ty with a lot area 42,688 square feet (0.98 acre) where 87,120 square feet {2.0 acres) is the minimum required, subject to the following conditions: 1. Council approval is based on the sunrey dated 01/10/17 by Gronberg � Associates, attached to this Resolution as Exh6bii A. Any amendments to the plans which are not in conformity with City codes may require #urther Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the property owner, but are permissive only and must be exercised by formally adjusting the common boundary line between the two parcels within one year of the date of Council approval, or the variance will expire on that date (March 13, 2018). 3. 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. 4. This resolution will be recorded in the chain of title of the Property. ADOPTED by the Orano City Council on this 13th day of March, 2017, ATTEST: ,�'�,� ^�; 7" �_ ' nna Garlson, City Clerk ; � .: ,.,. . ,.� _ - E�� . -� - �� - �� :�' f: �;, � , � C` ' ` L�'' ��' , ,� • > , ,a ; ''';�� .. _ �`�.. ,� i��l,. •b n° --.: ;;. ,��:. .. , .,�r_.��'� ��"''��. �%/• � � � ��\! .�'� �.'� �� (� \.5 ');1"�i;�t 't;q; i�a %`c, i\�'' wF •, '.� ' ,: � . '�.. • •-��• , �� l Dennis Walsh, Mayor RETURN T0: Old Republic Title 400 Second Avenue South Minneapolis, MN 55401 Attn: ' Im C:..�.->f�-�h �iV i�� '�r�.�..,� � "]_" � PROPOS�iD LOT LINE REARRAMGEMENT FOR SCOTT I�IRCHNER & ROBERT NELS( OF LOT 6, HLOCK 1, FDX HILL & TRACT H, R.L.S. :VO. 1718 HENNEPiN COUNTY, MINNESOTA /i � ` , }r :a' .` . �� '�'� r�'.�,� � , ,``y^� �04�� r�;~ ,.a � -�� l.. � , � vR'{J� �� ,.. . �.*.r' � 1 Y, `� �.� , i .. /�.v � �,' ;� sc o.�� .ars �•�F`�' / vi !DT' L41H.4�D1 .e..�'�:�_=) • .. - t air, .�..r�. 7 � �¢ I��ID]'r^... 4�t� �. ��' �.n.+y, .'� a � i � `lE`."�ti? ,bytl'� ' f [g �� .. k t ' ' . ,�.,�L,•�' • '. ' .l ,� � .. 1 ' •'yTg�: .�,.,,,,' .: r� `t'�"J= •� _ "a,:�:,r,;; `-� TRACT B , , �„� .�s �.� �^; ��,f�.i:� a , ab .�.�,a s i� , .. . `.. . , .. • I ,,, . -('4: ii'G4 ��fS�NC'�Yfi � K�'�N M i �: 5. M1e-. '. _o� ti.vn t.o�:Fu.o.��'.�r.�ora �.Ra ._.... a, i ,. �.. .� �..�•�r � n n �, ,� �'W!'4 1� Y:�ilW."J t't�V 1Y:?4N �C Y3t�1kN r�a ari� a� t.w.i R p._...�.�......-' ,...:.. n �'M-� S'a,nt� Yre�ti!�,Ir�s: err'I:y�In�y � — - cl el 6;8rs1` . !'(tR4_t � � sye Y �+1,•'�« . . �! }4 �� ! .w �rn+f. i wa�n�. ao�i ��.. .m�r r . n r� .. n w�i��'�w.v cM�w � wa aa: 6� • ..+�'1'L:{S!'J..:(GL IM1S:vc••.�:aiA. n_NqN i.cl n. p.ic� I. �/]xl��::, v Mtl b 1 U Le:��•.rc� +P�n9 Kr •�i .+r��. � 1 .y�w,,,"„ �.`�.. ..�c.,r r..a...N n:.y „o�.ou.::,�.-. ..., n, r.r.i ;N..r , ..r « , .no �.� +. !�..'!h �eo-!'G.V'+�neK14n[.:bi �:yrl fc.�rM�. �.�t [' WF�'r; - �.�. ml+,•I� c L� t. ll+;w ' a r:Q�~ �.ut�Y�Stct tiit Ke�. ��,�•c i..i h«� r.a raa.c. .. �. �..,�.� ,-.��.:, :�.�. > x.,... . . �v.,�s, : .�,... ,�.,� vm ....�. ,.a �,..�. r�.�..,.+,`� _.a, �.Ry ,.-� ., rx� �....� .. . _ � `b�� y ettlx 9 PE�6v1n��re ¢a� m v.�al !e V..iw , .. ..._____..__....... :I•u��frvtt.ntiVv�.�trS�n�uhu..Tu: •-- -----......_.,-----::. .� M!„... �y y. a .s.., �...� .�...,�.,. .._ _.. ____ _ - N. J:. � _ ,. ... .. , ., .� „. ...,� � _ ...w,..v " ... , r.•� ._.. .. . . - - ------ . . .....__.._. . ._.i%!...C.L.�.1:ut,...__ _�._.._,. a , . ,. , ,,. : •�t ��.i' � o� y� ,� �,; ,.,�� g,91�� G��,-�.�� :.� � � LAKE 141NNETONKA � saoixxran, i�wa awve�ocs una auua . _ vr .. .. _. � ..: ._h: ,...�, ��a:� is�..•n-.�af'•