HomeMy WebLinkAboutResolution 6971 II II II 11 I III 11 111
Doc No T05614495
Certified, filed and/or recorded on
May 21, 2019 8:54 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 130 Pkg ID 1823400E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1451387
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 697
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A RESOLUTION
GRANTING AN EXTENSION OF THE VARIANCES
AND CONDITIONAL USE PERMITS ESTABLISHED
PER RESOLUTION 6833
ORIGINAL FILE NO. 17-3918
(NEW FILE NO. LA19-000030)
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted land development regulations for the orderly,economic and safe development of land within
the City; and
WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-918,
William F. Wanner Jr. and Kathleen A. Wanner (hereinafter the "Owners") have applied for an
extension of the approvals granted under Resolution No. 6833 for property 1095 Ferndale Road
West and legally described as:
All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying
Southeasterly of the Southeasterly lines of Registered Land Survey No. 441
and Registered Land Survey No. 902, and lying Northwesterly of the
Northwesterly line of Registered Land Survey No. 1372, Hennepin County,
Minnesota;
Subject to perpetual easements for sanitary sewer purposes in favor of the City
of Orono over that part of the above land as specifically described in Hennepin
County Recorder Document No. 4608875 and in Hennepin County Recorder
Document No. 4608876;
Per Certificate of Title Number 1120830 (hereinafter the "Property");
WHEREAS, on May 8, 2017 the City Council of Orono, Minnesota adopted
Resolution No. 6759 granted to William Toles which approved the following in conjunction with
redevelopment of the Property:
• Variances from Section 78-305 to allow development of the Property which has 1.27 acres
in area and 176 feet of width at the OHWL and 180 feet at the 75-foot setback where 2.0
acres and 200 feet of width are required;
• Variances from Section 78-1279 to allow construction of a new residence lakeward of the
average lakeshore setback and within the 75-foot setback where no structure is permitted;
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 7 1
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• A variance from Section 78-1680 to allow 2,386 square feet of hardcover consisting of
structural and non-structural improvements within the 75-foot setback where no hardcover
is permitted;
• A conditional use permit pursuant to Section 78-1437 to allow the installation of plumbing
consisting of a bathroom with bathing facilities within a detached accessory garage; and
• A conditional use permit pursuant to Sections 78-967 and 78-1126 to permit grading and
filling on the property in excess of 500 cubic yards of disturbance for mitigation of areas
below the 1% annual chance floodplain in order to develop the property; and
WHEREAS, in September 2017,the Owners, purchased the Property from William
Toles and subsequently on February 12, 2018 Resolution No. 6833 was adopted by the City
Council to amend the ownership reflected in the approvals.
WHEREAS, the City Council has considered the application by the Applicant for
an extension of the approvals granted under Resolution No. 6833 for development of the Property;
and
WHEREAS, the Owners were not able to commence construction within the
allotted one-year established by Resolution No. 6833 nor the one year administrative extension;
and
WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-
918, the Owners have made a request for an extension of the approvals granted in Resolution
No. 6833.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono
does hereby grant an extension to May 8, 2020 of the approvals granted under Resolution No.
6833, subject to the following conditions:
1. Authorities granted by this resolution run with the Property not with the Owners, but are
permissive only and must be exercised by obtaining building permits and/or land alteration
permit by May 8, 2020 or the approvals will expire on that date.
2. All other findings, conclusions, and conditions of Resolution No. 6833 shall remain in
effect.
3. Violation of or non-compliance with any of the terms and conditions of the conditional use
permit approval and site plan approval shall constitute a violation of the zoning code, shall
automatically terminate any authority granted herein, and shall be punishable as a
misdemeanor.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF ,� NO. 6 97 1
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ADOPTED by the Orono City Council on the 13th day of May 2019.
ATTEST: CITY OF ORONO:
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Anna Carlson, City Clerk Dennis Walsh, Mayor
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