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Home My WebLink About#5881-variances-2009 J Doc No A9595784 Certified filed and/or recorded on 12/6/10 4:30 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L.Alverson, County Auditor and Treasurer Deputy 55 Pkg ID 675299 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 & 78-1405 FILE NO. 09-3424 o.�,. 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kE3TrI0- NO. 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 & 78-1405 FILE NO. 09-3424 WHEREAS, Michael Ebertz and Donna Ebertz (husband & wife), (hereinafter "the Applicants") are the owners of the Property located at 1220 Tonkawa Road within the City of Orono (hereinafter the"City") and legally described as follows: That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line described as follows: Beginning at a point on the easterly line of County Road No, 135 distant 1141.25 feet southeasterly along said easterly line from its intersection with the North line of Lot 10, said Auditor's Subdivision; thence . northeasterly 143.2 feet to a point distant 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing northeasterly on the extension of the last- described line to the shore of Maxwell's Bay, and there terminating. (hereinafter the"Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 in order to amend their 2007 approval for construction of a new residence to allow 0.3% or 106 s.f. of hardcover within the 0-75' zone where 0% is normally allowed and where 0.7% or 221 s.f. of hardcover was previously approved by Resolution No. 5681; and to allow 50.6% or 7,083 s.f of hardcover within the 75' - 250' zone where by Resolution No. 5681, 51.7% or 6,921 s.f. was approved and 25% is normally allowed in conjunction with the construction of the new residence, landscaping and the installation of entrance monuments; and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1405(8) in order to construct an entrance monument at a one foot setback where five feet is normally required from the street property line. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 o.�,. 0 0 CITY of ORONO JN ti ti RESOLUTION OF THE CITY COUNCIL sIIOg�G NO. --� C 2- FINDINGS 1. This application was reviewed as Zoning File#09-3424. 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 feet. The Applicants' Property is 47,900 s.f. or 1.09 acres. 3. The Planning Commission reviewed this application at a public hearing held on September 21, 2009 and on a 5 — 0 vote recommended denial of the gate setback variances and hardcover variances and approval of the setback variance to allow the entrance monument to encroach into the setback based on the following findings: a. The Property is 1.09 acres in size when 1.0 acres is required. b. The Property has a lot width of 427± feet at Tonkawa Road and has over 300 of lineal feet along the shoreline and 140' in width at the OHWL and at the 75' setback is required. c. Due to the configuration of the lot, the wetland buffer and buffer setback, and the shoreline the Property the home was constructed in the far north portion of the lot to meet setbacks. 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 variance on the health, safety and welfare of the community. 5. The City Council further finds as follows: a. The installation of the rip rap on the property increased the square footage of the property within the 0-75' and 75'-250' zones such that the hardcover percentages meet the previous approvals although the square footage amounts do not. b. The requirement of a 40' setback for entrance gates on a County roadway was adopted with the intent of providing a safe ingress and Page 2of5 o.�,. 0 0 CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL ��`gkESg0NO. 5 8 t� 1 stopping location on properties off of a busy roadway. County Road 135 is a busy roadway and vehicle safety is a concern. 6. 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. 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 78-1405 to allow one entrance monument at a one foot setback from the street property line where a 5 foot setback is normally required; and variances to Orono Municipal Zoning Code Section 78- 1288 in order to amend the hardcover approved by Resolution No. 5681 for construction of a new residence to allow 0.3% or 106 s.f. of hardcover within the 0-75' zone; and to allow 50.6% or 7,085 s.f of hardcover within the 75' —250' zone in conjunction with the construction of the new residence, landscaping and the installation of entrance monuments, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The entrance monument and gate plans submitted for building permit will be reviewed to assure compliance with the City's entrance monument regulations. One entrance monument may be located one foot from the street property line as shown on Exhibit A. The monuments shall not exceed 8.75 square feet each as shown on the plan. 3. Hardcover in the 0-75' zone shall be limited to 106 s.f. or 0.3% and hardcover within the 75'- 250'zone shall be limited to 7,085 s.f. or 50.6% per the proposed Page 3 of 5 o,�,. 0 0 CITY of ORONO ti �� G~ RESOLUTION OF THE CITY COUNCIL L�kEgx0.g� NO. -- 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. 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 variance will expire on that date (November 12, 2010). 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. W Adppted by the Orono City Council on the 12' day of November, 2009. x' Ydae, City Clerk oJes M. White,Mayor 3 Property Owlpe (Sr Page 4 of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SI30g�G NO. r r3 1 STATE OF MINNESOTA COUNTY OF HENNEPIN 10 This instrument was acknowledged before me this VS day of( t�t�u , 2�O by Michael Ebertz, husband of Donna Ebertz. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Canmission Expires Jan.31,2015 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � u This instrument was acknowledged before me this 5 day of , 200yy by Donna Ebertz, wife of Michael Ebertz. ccs Notary Public RACHEL DODGE NOTARY PUBLIC.MINNESOTA MY Commission EVkes Jan.31,2015 Page 5 of 5 6 CERTIFICATE OF SURVEY FOR > STEINER & KOPPELMAN IN LOT 9, AUD. SUB. NO. 217 HENNEPIN COUNTY, MINNESOTA MEWS —COMMIA EXISTING HOUSE' C14 VA 76 V 1-G *°' � �µoµ� Y/ co / A r(90va ft`4Pav0'- ON ( -0--75rz= /0(o96,c 9)-O-tollo 66 �9 LAKE MINNETONKA MAXWELL BAY LEGAL.101T.III 111E.SS That Pwt Of Lo'9.Ato, xbt ',S�dh,ism�hh— stee 211,he— Cally.meehem 11— seato.lyly at — I waNss eitrill)and 125 leet sss�theastwjy at riga) `.'a-I_=as—dew.lasa.i.flegmrry at the .., y lks f —,R—hI 135 6.1 — I" �- 't.I.—=eith the"heeth kh�If Lot 10.=A -2.5 S#—= .1_._main iy 1:3�1ssttl!..% Pailt Itmi 1004.29 feet e—th at'i"a anges from asts, rl the hkel�sne.1—L", 1 0:'h.-. 0 20 40 80 .1 10stwly 11 the lltsneim It the iaet- .1 Me—es'.Bay. .. —t..ilan market land (9982) —i--sautng saIl elevation,mem aw s-d.— SCALE IN FEET --'— —t----tile)...t— fere'd.1- 8-9-——atesel IPah,-.—d dol— This—y seems,the bo—daressof the alaa-als—kasl properly.the lava esistmig—y—s.the—'im of m«fisting rnwe pude,sloop, &WI,lldeldk ohd other visible"how. I.aM.any o1Mr e,ce—s—'.or e—ooclx+wnls. HE Vi -Tr 1 91 1 GRONBERG&ASSOCIATES,INC. EWMNEERS,LAND SURVEYORS,LAND PLANNERS TO,N.WILLOW DRIVE LONG LAKE,NIN 55356 473-4141 FAX:9524734435 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 9, 2009, 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 pity this` 16th day of November , 2009. N S / j 9 City Clerk y (s` .4 C) mJ t s .