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Home My WebLink About#6492-variance-2015 1 led Doc No 705262362 Certified, filed and/or recorded on Jun 5, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 13 Pkg ID 1251714M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1339304 This cover sheet is now a permanent part of the recorded document. �c CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 649 `- ESHOR� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 15-3719 WHEREAS, Marc Newell and Kari Newell, husband and wife, (hereinafter "the Applicants") are the owners of the property located at 3015 Watertown Road within the City of Orono (hereinafter the "City") and legally described as Lot 2, Block 3, Old Crystal Bay Road 2"d Addition, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1435 to allow construction of a 105' x 36' sport court in a location nearer to the front or street lot line than the principal building on the property where no accessory structure is normally allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on March 16, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 15-3719. 2. The Property is located in the RR-113 One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on March 16, 2015 and on a vote of 7 to 0 recommended approval of the requested variance. 4. The City Council reviewed this application at a regular meeting held on April 13, 2015 and hereby makes the following findings: a. The Property contains 3.92 acres in area and has a defined lot width of ±99 feet along Watertown Road. Page 1 of 5 . O� �� •4 W CITY OF ORO RESOLUTION OF THE CITY COUNCIL NO. 6492 9KFS H OEl b. The Property is over 800 feet deep with the existing residence structure located near the rear of the Property, approximately 60 feet from the rear lot line. c. The proposed location for the sport court will meet all other pertinent setbacks. d. The proposed sport court location is indicated on the survey attached as Exhibit A. However, minor adjustments to this location are allowed upon location of the septic drainfield and alternate drainfield and wetland boundaries provided all other zoning code requirements are still met. e. Zoning Code Section 78-1435 is intended to prevent obtrusive accessory buildings within the front yards of urban and rural neighborhoods. The impact of the sport court located between the house and the street on this Property in a rural neighborhood of large wooded lots would appear to be minimal. f. The Applicants have proposed to locate the sport court adjacent to an existing tree stand to facilitate screening. g. The Applicants propose to construct the sport court in an unused portion of their property between the home and Watertown Road; economic considerations are not a factor in this variance request. h. The location of the existing house near the rear of the lot creates a practical difficulty in that most of the Property area is between the house and Watertown Road. i. The proposed accessory structure does not appear to limit the light, air or open space enjoyed by the adjacent properties. The Applicants' request results in minimal negative impact to adjacent properties. The location of the existing home and to on the Property is a unique circumstance not created by the Applicant. Granting the Applicants' request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. 5. 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. Page 2 of 5 o CITY OFR � O �oN RESOLUTION OF THE CITY COUNCIL 4% NO. 649 2 \ kFsxo� 6. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other properties 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 property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical 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 Sections 78-1435 to allow construction of a fenced 105' x 36' sport court in a location nearer to the front or street lot line than the principal building on the property where no accessory structure is normally allowed, subject to the following conditions: 1. Council approval is based on the survey dated submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The sport court shall be screened from view from the adjacent properties. 3. The sport court location may be adjusted within the approximate construction area as needed within the allowed setback parameters and to assure that it is adequately screened. 4. The survey submitted with the building permit application shall accurately identify location of the primary and alternate drainfield locations as well as the wetland boundary, if within 150 feet of the proposed sport court. 5. The lighting for the sport court shall be directed downward and not into adjacent residential properties. Additionally, the light source or "light bulb" shall be shielded so as not to be visible from adjacent properties. 6. An as-built survey shall be submitted prior to the release of the application escrow funds. Page 3 of 5 CITY OF ORO„ RESOLUTION OF THE CITY COUNCIL �® KESHOR NO. 6492 9 7. 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 and commencing construction of said project(April 13, 2016). 8. 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. 9. 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 13th day of April, 2015. ATTEST: ane Tiegs, City Ci r Lili Tod McMillan, Mayor Page 4of5 �oAA — CITY OF OR CJS RESOLUTION OF THE CITY COU L G NO. 6492 � KESHO�� Property Owner ro rtyw e STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this I Sday of GL 2015, by Marc Newell, husband of Kari Newell. V. s . MONICAA.FADNESS NOTARY PUBLIC-MINNESOTA MY Commission Expires Jan.31,2017 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2015, by Kari Newell, wife of Marc Newell. r °`"'' MONICA A.FADNESS NOTARY PU13LIC-MINNESOTA Notary Public Commission Expires Jan.31,2017 Page 5 of 5 - &0 040 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 April 13, 2015 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 19a'day of May, 2015. Tiegs, City