The URL can be used to link to this page

Home My WebLink AboutResolution 5694 Doc N 01/11/2008 08`42 AM No 9083952 Certified filed and or recorded on above date: Office of the County Recorder Hennepin County,,Vinnesota Michael H. Cunniff, County Recorder TranslD 366981 Deputy 52 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE 78-1286 FILE NO. 07-3317 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES JAN 1 1 2008 HENNEPIN COU TY MINN. Q „__4 �' EPUTY O 4 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL �L`4k'ESI'iO4�G NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE 78-1286 FILE NO. 07-3317 WHEREAS, Erik G. Swenson and Heidi R. Swenson, husband and wife are the owners of the property located at 774 Tonkawa Road and Hessburg Development, a domestic corporation who has interest in the property at 774 Tonkawa Road (collectively and hereinafter "the Applicants") within the City of Orono (hereinafter the "City") and legally described as follows: All that part of PARTENS'S POINT FIRST DIVISION, lying southeasterly of a line drawn from a point on the southwesterly line of said Lot 14, distant 51.34 feet northwesterly of the southwesterly corner of said Lot 14 to the shore of Lake Minnetonka, said line being parallel to the northwesterly and southeasterly lines of said Lot 14, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, in 2005, by Resolution No. 5377, the Applicants received variances to the City of Orono Sections 78-330 (B) and 78-1288 to allow construction of a new residence on an existing lot with a lot area of 0.36 acres when 1.0 acres is normally required, a lot width of 74' at the shoreline and 61' at the 75' setback when 140' is normally required, 27.2% hardcover within the 75'-250' zone when 25% is normally allowed and 27.2% previously existed, and lastly 39.4% hardcover within the 250'-500' zone where 30% is normally permitted and 66.8%previously existed; and WHEREAS, the Applicants have made application to the City of Orono for after-the-fact variances to Orono Municipal Zoning Code Sections 78-1288 to allow 6.8% hardcover within the 0-75' zone where 5.2% was previously approved, and 30.3% hardcover within the 75'-250' zone where 27.2%was previously approved in conjunction with necessary site grading changes made during the construction of a new residence on an existing lot; and WHEREAS, the Applicants have made application to the City of Orono for an after-the-fact conditional use permit pursuant to Orono Municipal Zoning Code Page 1 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL`9kES1304�G NO. Sections 78-1286 to allow grading for a newly constructed lake access stair within the 0- 75' zone where a conditional use permit for any topographic alteration is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3317. 2. The property is located in the LR — 1B, Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' at the shoreline and at the 75' setback. 3. The Planning Commission reviewed this application at a public hearing held on October 15, 2007 where a majority recommended approval of after-the-fact hardcover variances and conditional use permit based on the following findings: a. Due to unforeseen site issues, the grading which occurred during construction did not follow the approved grading plan. This resulted in excess hardcover consisting of retaining walls. b. The Applicants installed an in-ground drain tile system with gutters and downspouts which is intended to successfully manage the stormwater runoff from the newly constructed house and encourage infiltration prior to draining to the lake. c. The variances as approved are in line with the levels of hardcover variances approved on rebuild applications of similar lot conditions. d. The newly constructed home on the property complies with all lake yard, side yard, rear (street) yard, and average lakeshore setback requirements. e. The newly constructed stair meets the minimum requirements for lake access on steep slopes as permitted by City Code. Thegrading associated with the construction was the minimal necessary to set the stair treads into the slope. Page2of5 0 0 CITY of ORONO s ti ti RESOLUTION OF THE CITY COUNCIL S11D NO. 5 6 9 ES 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 additional 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 to allow 6.8% hardcover within the 0-75' zone where 5.2% was previously approved, and 30.3% hardcover within the 75'-250' zone where 27.2% was previously approved in conjunction with necessary site grading changes during the construction of a new residence on an existing lot, subject to the following conditions: 1. Council approval is based on the as-built survey by Demars-Gabriel Land Surveying dated 11/15/07 submitted by the applicant 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 360 s.f. or 6.8% (lake access stairs). Hardcover in the 75'-250' zone shall be limited to 2,857 s.f. or 30.3% and within the 250'-500' zone shall be limited to 459 s.f. or 45%per the as-built 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. Page 3 of 5 0 0 CITY of ORONO ti �0 RESOLUTION OF TT C,IT, COUNCIL `9kESI;04 NO. bb yy 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. 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 (November 26, 2008). 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 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 26th day of November, 2007. ATTEST: o G Linda.S., ee, City Clerk j�Ja es M. White, Mayor Property Owner(s) Page 4 of 5 O 4 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SIi� NO. 5. 6 9 4 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this J) day of 2007 by Erik G. Swenson, husband of Heidi R. Swenson. (;4c Notary Public a kyv AT0' STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Lay of , 2007 by Heidi R. Swenson, wife of Erik G. Swenson. UL4-�� v# _ Notary Public va+ - r (�V1 ti s r J ' 47 &J3 Page 5 of 5 o W N W P W Q' j �\ a o h 'o .. p � 1 � Z` z h 0 0 1 ' qu 't lop, 6. Qt N of / V� AP 0 a o C • /,roe %' co b -.0 vso O N b �. cz 6 7' ' a.Doo— / N /• i / /'/� // /'/ I /// COW / 11. III - Iji +� I e- -is / j c a s ¢" '� 0 4 a x� /a � e a .✓ � a of =b ° u°i v°i v°i H vPi vQi vPi vii to u°i Ot c ¢q C J� C6 X d m l h j �O u $ � Ci _ z _c�,n.esteny cne Lor I �'51.34 '� Q N r ,� c 5 4202'27'A E C4 o0 Hennepin County Road- No. 135 - — --- (Tonkawa Road) 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 November 26, 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 3rd day of December , 2007. City Clerk (seal)