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Home My WebLink AboutResol 5627 doc no 9012284Doc No 9012284 07/25/2007 09:11 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepiri County, Minnesota Michael H. Cunniff, County Recorder TranslD 329403 Deputy 5 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISIONS (2) & (3) and SECTION 78-1288 SUBDIVISION (A) FILE NO. 07-3286 CITY of ORONO Dv tiF RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISIONS (2) & (3) and SECTION 78-1288 SUBDIVISION (A) FILE NO. 07-3286 WHEREAS, Craig R. Olson and Rebecca D. Olson, husband and wife hereinafter "the applicants") are the owners of the property located at 4775 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lots 8 and 9 and V2 of Lot 7 adjacent to Lot 8, Block 6, Bergquist and Wicklund's Park, (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (2) to allow construction of a lakeside deck located 12' from the top of the bluff where a 30' setback is normally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (3) to allow construction of a lakeside deck to be located within the top of the bluff impact zone where no structure, buildings, or hardcover is permitted; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow hardcover within the 0-75'setback zone from the OHWL of Lake Minnetonka at 4.9% (including the stair to the lake) where 0% is normally allowed and 5% currently exists; and hardcover within the 75'— 250' setback zone to allow 36.7% where 25% is normally allowed and 39.6% currently exists in order to build a lakeside deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3286. Page 1 of 5 F J� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5627 2. The property is located in the LR -1B, Zoning District which requires a minimum lot area of 1 acre and a minimum lot width of 140' at the shore and 75' setback. The applicants' lot is 0.44 acres in area and 110' in width at the OHWL and 130' in width at the 75' setback. 3. The Planning Commission reviewed this application at a public hearing held on May 21, 2007 and recommended approval of variances based on the following findings: a. The lot is substandard in area and a residence has existed on the property for many years. b. The addition of the elevated deck will move the activity up and off of the yard within the bluff setback area, reducing erosion potential. c. The residence with the proposed deck meets the structural lot coverage limitation of 15%. d. The City Engineer has reviewed the existing landscape and retaining walls which encroach into the adjacent property to the west. It is his opinion that removal of these walls may compromise the integrity of the slope. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 1�t. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5627 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (2) to allow construction of a lakeside deck located 12' from the top of the bluff where a 30' setback is normally required; and Section 78-1279 Subdivision (3) to allow construction of a lakeside deck to be located within the top of the bluff impact zone where no structure, buildings, or hardcover is permitted; and Section 78-1288 Subdivision A to allow hardcover within the 0-75'setback zone from the OHWL of Lake Minnetonka at 4.9% (including the stair to the lake) where 0% is normally allowed and 5% currently exists; and hardcover within the 75' — 250' setback zone to allow 36.7% where 25% is normally allowed and 39.6% currently exists in order to build a lakeside deck, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 4.9% or 454 s.f. Hardcover in the 75-250' zone shall be limited to 3,797 s.f. or 36.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are 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. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 4. The applicants shall not remove the retaining walls and landscaping which are located on the adjacent City property to the west. Applicants shall execute an encroachment agreement with the City for those existing improvements. 5. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed deck. Page 3 of 5 °moo ti /r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5627 6. Authorities granted 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 construction within one year of the date of Council approval, or the variances will expire on that date (June 11, 2008). 7. 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. 8. 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 11 th day of June, 2007. ATTEST: Linda S. Vee, City Clerk es M. White, Mayor Property Owner(s) Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5627 This instrument was acknowledged before me this L� day of �, 2007 by Rebecca D. Olson, wife of Craig R. Olson. Fl�-- jJJJJJJJJlJjIJJJJJIjJJJ. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this/rday of t /� , 2007 by Craig R. Olson, husband of Rebecca D. Olson. l!!!JJ!lIJJJIJjljljjjJ!!j!!j ' ' � / •• • 1Notary Page 5 of 5 �S'W'100 tih31T 5 �uRv y Fox.-CPP,,G OLSN 4 75 PIUPt Si -W DR.i11F d�rnE.1wFMM b0 FD F 0/9 °�� DrftEo: Fes zq, labs T. i.�eer$ rA/1. z�'/OR 11i k �m Q'� Glp' A 9 / A'b Fypa1 "",WS 35g4 50 �' /•v L - SELL ((08 4�0� 'lbmt Rorez1v No* 400 � E��s � \ � 3,7x 7 tp 01+l) is = 19454 0�• �r �\ Req �a o_75 -'�12Z 1wo o�• iif�P la 75-250= 101332 Existing Description: Lots 8 and 9 and } of Lot 7 adjacent to Lot 8/ Block 5/ BBROQUIST AND WICRLUND'S PARR, Hennepin County, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of 1� nUoue OP,SC 16A 9"PZvkl ih HN11 11) County, Minnesota as on file and of record in the Office of the County Recorder 1n and for said County, That I_am a duly Registered Land ((��/� Suryi eyor under the lave of the State of -M nesota. Dated: I l " 21 Zm7 12""0 Mk4 29 2Db7 RECEIVED MAY 31 2007�in,. J Allen R. If.. flagsv CITY OF ORONO Mi nneeo to Bellaire, len No. 17009 212 Fiat Avamae a- 9oui to a0. �1TLE �1 �1V I�42ry�S11L0 �Q �lE. P ne 952 M445 4027 es]79 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 June 11 , 2007, 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 19th day of June , 2007. /,ice / City Clerk • "mar �..'(seal�',. c, jil H��j4Yu`•. 'fir