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Home My WebLink About#4832-variances-2002 •131 if-3 sat e L1 ` . SCANNED . O O s �- _ CITY of ORONO \*4lirC~/' RESOLUTION OF THE CITY COUNCIL NO. 483 A RESOLUTION GRANTING VARIANCES PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; S CA „„ SECTION 10.56, SUBDIVISION 16 (L) (2); SECTION 10.03, SUBDIVISION 9(C); SECTION 10.03, SUBDIVISION 5 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISIONS 19-21 FILE NO. 02-2776 WHEREAS,Hennepin County(hereinafter the"applicant")is owner of the property located at 3880 Shoreline Drive within the City of Orono(hereinafter"City")and legally described as follows (hereinafter the "property"): "Exhibit A" ; 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 July 15, 2002 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant submitted a renewal application to the City of Orono requesting the following approvals: 1. Renewal of a variance to permit hardcover alteration within the 500-1000 foot setback from the OHWL of Lake Minnetonka. The proposed hardcover would result in a reduction of impervious surface from 148,835 square feet (61%) to 138,188 square feet (57%), where 35% coverage is allowed in the setback. (Section 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) (2)) 2. Renewal of a variance to permit the sand/salt storage facility to exceed the maximum allowed size for an oversized accessory structure on a 6.65 acre lot. The Code permits a 2,400 square foot oversized accessory structure on the property. The proposed building is 60 feet X 120 feet in size, 7,200 square feet. The same section of the ordinance permits the total aggregate of all accessory structures on this property is 4,800 square feet. According to the most recent site plan the total proposed square footage for accessory buildings is only the salt/sand storage facility (7,200 square feet). (Section 10.03, Subdivision 9 (C) (2)) Page 1 of 7 C44) 0 ':4-t ke- CITY of ORONO Z714 �� 1p iVir %�,, �� RESOLUTION OF THE CITY COUNCIL l4 � ) 1 4� NO. 483 kES8_ 3. Renewal of a Conditional Use Permit for the grading on the property and construction of the stormwater management pond. (Section 10.03, Subdivisions 19-21). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2776. 2. The property has been used as a County Highway maintenance facility since at least 1962, the time the original building was constructed. In 1962 the zoning of the property was for commercial purposes, since the property was rezoned to LR-1C. Because the use of the property has not changed since the rezoning, the facility has been allowed to exist as a legal non-conforming use. The facility is used primarily for winter road maintenance,with a coverage area for this facility from County Road 15 between Mound and Highway 12, County Road 19 from Orono to Excelsior. 3. The Planning Commission reviewed this application and recommended approval of the renewal application subject to the following conditions: A. The pond shall be installed prior to any occupancy of the salt/sand storage building. B. All runoff from the site shall be directed to the pond for treatment. C. All debris and material located in the wetlands on the property shall be removed prior to occupancy of the building. w D. All conditions of Resolution No. 4485, as adopted by the City Council on June 26, 2000, shall be conditions of the renewal application. 4. County Staff has indicated the proposed building would actually be less intense than the use that exists because the number of salt/sand deliveries will be reduced by 60 trips annually and the salt/sand mix and storage would be relocated indoors. During a significant snow event, night deliveries of dry salt and sand mix are required Page 2 of 7 ev 0 == _ CITY of ORONO 0„ ti NV �� ^11,0 0 RESOLUTION OF THE CITY COUNCIL lA , 4� NO. '4 8 a` 2 because they have limited indoor storage. With an enclosed building, they could stockpile the mix and accept deliveries during the daytime hours. _5. The 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 variance would not adversely affect traffic conditions,light,air nor pose a fire hazard or other danger to neighboring properties,would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant;and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit for land alteration for pond construction will not be detrimental to the health, safety or general welfare of the public,would not adversely affect light,air nor pose a fire hazard or other danger to neighboring property,nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. 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 effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 5 to permit construction of an accessory building on property that is devoted to a non-conforming use; Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to permit hardcover alteration in the 500'-1000'lakeshore setback in excess of 35%; Section 10.03, Subdivision 9 (C) to permit a 60' X 120' (7,200 s.f.) accessory building to be constructed on the property,where a building 2,400 s.f.is allowed;and for a conditional use permit to Municipal Zoning Code Section 10.03,Subdivisions 19-21 to permit land alteration for construction of a stormwater management pond.Approval is subject to the following conditions: Page 3 of 7 1:01:16) ° -- O Af � CITY of ORONO �� i�, _ C RESOLUTION OF THE CITY COUNCIL 49kESH& NO. 4 8 3 1. The building is constructed per the site plans provided by Hennepin County. 2. Erosion control measures shall be in place prior to any land alteration activities,and shall not be removed until such time Staff authorizes removal. 3. The fill removed from ponding areas shall be placed in the locations and to the grades as shown on the site plans on file with the City of Orono. 4. All land alteration shall be subject to final approval by the City Engineer. 5. The pond shall be installed prior to any occupancy of the salt/sand storage building. 6. All runoff from the site shall be directed to the pond for treatment. 7. All debris and material located in the wetlands on the property shall be removed prior to occupancy of the building. 8. All conditions of Resolution No. 4485, as adopted by the City Council on June 26, 2000, shall be conditions of the renewal application. 9. The use of the building shall be limited to storage of the salt/sand product. 10. The three lots that exist on the property shall be combined into one tax parcel. 11. Authorities granted by this resolution run with the property not with the owner,but are permissive only and must be exercised by application for a building permit and land alteration permit within one year of the date of Council's approval,or the special conditions of this resolution will expire on that date (July 22, 2003). 12. 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. 13. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of itself,its successors and assigns,hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 7 S '--i°-V---° 0 = ; _ CITY of ORONO Aq y$, 1 ��, %�_ G~' RESOLUTION OF THE CITY COUNCIL ��`, ,,,'RESIO r NO. 4 8 3 fi 4 ;•. •4 f�T.Ak ,: 7 p ,„F 1 a. D ted by the City Council of the City of Orono, Minnesota at a regular meeting Y helot, htkt 2� ofuly, 2002. LSA ✓ s/ T f' 4y *it i/ I r if i) s ,;4,';',R I r f f e____t < L ncla.,: ;;Y ;*City Clerk Barbara A. Peterson, Mayor Authorised Representative of Hennepin County STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of July, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. +)OCGE NOTA,-,‘,''-'U°LIG-MINNE”OTA L_, `o _ / 2., ts My Commission Expires Jan.31,2005 _, Notary Public Irl _,-_,„.a..-_,-,-...,-...---_,--_,---,--- - -,-- -='--'-- --1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this -may/' day of T T&,-i-j , 200 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , R.r u FL DODGE c � NOTAn r to c M;N'r.E:OTA 4.' ).‘-_1('' �__ : iresJan.312005 Notary Public .� My Comtr.Ssion Exp' , s • Page 5 of 7 ,eon 0 0 '0.- CITY of ORONO tl A , yli[,. \.1 ��`,,, IM,.�1 Gam' RESOLUTION OF THE CITY COUNCIL 1. -'. ,.�` 4,� NO. �ESH0 STATE OF MINNESOTA _ COUNTY OF HENNEPIN On this (f day of Se erni r" , 20b a-, T Tho-7-1710(-.S !.�ra v� �`�'/-2)-zeco ff� personally appeared before me, re7)r�e r.'"44 who is personally known to me f--te K7 C"Cly. / whose identity I proved on the basis of rY ' whose identity I proved on the oath/affirmation, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ,'� , MYNGOTARY. .0 EExLICp-rets. an•3 1,'.r 35 Notary Public RACHEL DODO:: k4 rel/ll/.!./".✓'iJl_/-'i/yrrl.✓' s Page 6 of 7 Exhibit A 488 * • • LEGAL DESCRIPTIONS: • • •Tract 1-Torrents Property per Certificate of IThe 369670 - The East 50 feet of the West 200 feet of the South 233,,of that part of Government Lot 8. Section i. CountyipMinnesota. theange . boundariestoffwhichhe East tractine areomarkedebyeJudicialnLandmarksk dplaced. atethepin Northwest and Northeast corners-thereof, and by Judicial Landmarks placed on the west line of said tract 33.01 feet North of the Southwest corner thereof and on the East line of said tract 33.01 fer North of the Southeast corner thereof, pursuant to Torrens Case No. 15147. According to the Government Survey thereof. All of Tract (1 issubject Highway easements for street purposes as per Torrens Documents 1377 and T u Area of Tract 1 - 11. 632 Square Feet (0.267 Acres) . Tract 2-Torreru Property per Certificate of Me 359670 That part of Government Lot 8, Section 17. Township 1i7, Range 23. and that part of Lot i, Black 5 Tawnsite of Langdon Park, all described as beginning at the intersection of a line drawn parallel with and 233 feet North of the South line of said Government Lot 8 and a line drawn parallel with and i00 feet East of the East line of 'Streater's Spring Park Addition'. Hennepin County. Hinnesot thence North along the last described parallel line and its extension to the Southerly right of WE line of the Great Northern Railway Company thence Easterly along said Southerly right of way lir to its intersection with a line drawn North at right angles to the South line of said Section 17 from a point thereon distant 1315.97 feet West from the South quarter-corner of said Section 17: thence South along said last described line to a point 233 feet North of the South line of said Section 17: thence West parallel with the South line of said Section 17 to the point of beginning. the boundaries of which tract are marked by Judicial Landmarks placed at the four corners thereof and the South line of which tract is further marked by Judicial Landmarks placed thereon 50.02 feE and ccord0ing4tofeet theEast Goverrnment SurveySouthwest thereofcorner andfaccordingcto thepursuant recordedTorrens thereof. 15147. Subject to a private driveway or street easement over the westerly 100 feet of Tract 2. Area of Tract 2 = 243. 101 Square Feet (5.581 Acres) • Tract 3-Abstract Property per Document No.3545782 That part of Government Lot 8, Section 17. Township 117. Range 23 West, lying within a distance o 100 feet Easterly of the Easterly line of 'Streater's Spring Park Addition'. Hennepin County. Minnesota. and lying North hho of the southerly 233 feet of said- Government Lot 8, and_Scuth of the GreatNorthern l 50 feet SoutherlyeofntheoSoutherlyprighteofoway Tlinetof. theiGrreatrNorthear nlRailwayarightwofhway. d per DcCL.:^..9.^.t5 3328237 2945787 This document was recorded with missing contents or page- • Page 7 of 7 318 7-4�±- OFFICE OF THE REGISTRAH OF TITLES l''�C- 'e) HE - :;'!N COUNTY, MINNESOT, ;‘:!!-:71) PILED ON MAY 2 3 2003 REGIST AR TITLES BY . - DEPUTY