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Home My WebLink AboutResolution 5874 - Abstract Doc No A9503822 Certified filed and/or recorded on 4/20/10 2:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 11 Pkg ID 619750 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION RENEWING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 09-3429 O 4 CITY of ORONO 1 AV RESOLUTION OF THE CITY COUNCIL 4kES�I04�G NO. 5 8 7 4 A RESOLUTION RENEWING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 09-3429 WHEREAS, Mark James Fuller, Stacey Michelle Nakaya, and Karen Lynn Feyo (hereinafter "Owners") are the owners of the property located at 4055 Elm Street within the City of Orono (hereinafter "City") and legally described as: Lots 7, 8 and 9, Block 9, Minnetonka Summit Park, Hennepin County, Minnesota(hereinafter"the Property"); and WHEREAS, the Owners have made application to the City for a renewal of a variance to Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 2009, 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#09-3429. 2. The property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is approximately 0.44 acre in area and 120 feet in width. 3. The Planning Commission reviewed the application on October 19, 2009 on a vote of 5 - 0 recommended approval of the variance, based on the following findings: a. The parcel was created before there were subdivision regulations. Page 1 of 4 O 0 CITY of ORONO ti RESOLUTION OF TrglZ�OUNCIL SII04 NO. �`// b. There is no adjacent property the applicant could acquire to enlarge the lot. C. There are numerous similarly sized lots with houses in the immediate vicinity of this property. d. The proposed residence is modest in size. Structural lot coverage would be 11 percent when 15 percent is allowed. e. This variance has been approved several times previously. 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 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the Owners; 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required, subject to the following conditions: 1. Council approval is based on the site, grading/drainage, and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B and C. Any amendments to these plans may Page 2 of 4 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�4�C, NO. require further Planning Commission and City Council review. 2. The driveway shall be paved. 3. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 4. Authorities granted by this resolution run with the Property not with the Owners,but are permissive only and must be exercised by obtaining a building permit for the new construction before October 26, 2010 or the variance will expire on that date. 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 Owners have read, understood and hereby agree to the terms of this resolution and on behalf of their 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 this 26th day of October, 2009. ATTEST: W44111 /4T 14)AVa-' Linda S. Vee, City Clerk es M. White, Mayor Page 3 of 4 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SBog�G NO. 5 8 7 4 Mark Jam s Fuller Stacey Achelle Nak ya K en L-T Fey STATE OF MINNESOTA COUNTY OF HENNEPIN 7D/D This instrument was acknowledged before me this J'- day of ,.�by Mark James Fuller. BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA /jam .. ' mmission Expires Jan.31,2013 Jv"1 STATE OF Notary Public COUNTY OF ffP0iEPN IfMI u(It ' 3%/� This instrument was acknowledged before me this�day of � j ++r, , 9 by Stacey Michelle Nakaya. .� M• Puss - Notary Public • STATE OF MINNESOTAOF �'�` •'•�•• '.�� COUNTY OF HENNEPIN � ��`� , This instrument was acknowledged before me this 5 day of , 2009 by Karen Lynn Feyo. )NICA A.FADNz .�, \RY PUBLIC-MINNLSC'"i' ,` Notary Public x,mmission Expires Jan.3'i ,%t)1 Page 4 of 4 Date of Doc: b _ #Pages: Name of Notary: Al Notes: Q Doc. Description: ISO�LI ,` t !?l g7ivtd ``�� 1 ` $: NOTARY ° PUBLIC COMM& Nota Signature Date WIN First Circuit,State of Hawaii OF 0, NOTARY CERTIFICATION EXHIBIT A RESOLUTION NO. 5 8 7 4 CERTIFICATE OF SURVEY KURTN SURVETENG,WC. FOR ,E..wE,,,,SHOWN IN FEET AND DECIMALS OF A FOOT) COLuea .55421 11fREBV CERTIFY THAT THIS SURVEY. PLAN OR REPORT THIS IS NOT A BOI.NDARY SURVEY P117E .RT I�1RTMN.F1VEYOA�C01/ WAS PREPARED RV HE DR UMGER MY MECT SUPERVISION PROPOSED �rID THAT aul�A T. L ERNSF�oI LNa suxvcroR UNDER 0 20 GRADES DATE MA-(Z9,1-2 A '�(p /�OnLNCO W. BEARINGS�RE��G 6 `} Randy L. Nut h. L.L.S. No. 1027, SCALE IN FEET `-SOARAGE ane• 9'13�b • SPIKE SET n)soI•+L^a Russell J. Kurth, L.L.S. NO. 16113 TOP OF BLOCK 19 5�> :•� EX STINO ELEVATION p�-� I l PROPOSED ELEV. BASEMENT FLOOR•90 5 DRAINAGE ARROW TOTaI LaT A2CP- 20600+Sa.F't (P)`YwT c*ttAny¢eM�lt Tro7i 5(a.FT• 1i DTAI- IM?C?-VMO U'j= ?,G(,'I to �•- �I9t�p N ON RVLN / U GHSAtCL. Li�n9 �1 (,� SJ¢V�yo2S(19g4� J/L� •"SfsV :LYA INL ��^ CONyT Co�Zl l=l..SUCVL\' \ Sl;Ou•1t_+µT q,ipry 3R'a1N bd Q¢o4aAir0 `9Sl5—�_.��` � �Msy59 96C 1t• 0 �y�:S T�FENCt r ` iI 1 � �� TJ'tl'\�\ �Z•\ C1 e \ '918 D r —Z) 1 r I 0 �I r T4 c Id 5/11 I ��j S a' O I I r 1 I Ir It` �I`.'m � ; (9'73.5 m "� •,toaF _ � I — -O 1 1 I - F �3•. �\ I ` 1r 5 r I �L'•^', `-978 't � 9a \ e^ • _ ,9�z \spy 976 9� : a 3 L.`CalaL \7��J«\PT\f�tJ MANN LT ONK F\ SJE'1m+\ ?PE-'I-) \•1L NN�iQ1N ELUK71-(, Ms'C• . 5 EXHIBIT B RESOLUTION N0. 874 �� COdS►T�G.! yp9�U. o. or / y AP 1 I IN 9 I �s if e : UN I I ►s 1 � u .� 1 b \\ 41 �� a{+ S �lk • � ` � EXHIBIT B—Z RESOLUTION NO. d. RAN GARDEN W WORKSHEET T 1)%oPe: 1) 1469M ofsubg CMitrcdtes) o b"wn s�(m' ) a 100 /o p Z)Raim garden depth: Z) From Chart on page 5 in. 3)Hnnefootprinu 3) Length ofhouse x width ofhouse o2 l) 4f-0 sq.Int. d)Numbwofdownspoetss 4) Taal number ofdownspom on home 5)Roof ar a draining to garden: 5) (Lime 3 Line 4)x n mbcr of downspouts /j sq.R. oto the rain garden T 4)Lawn area(if more then 30 ft from downspout b) Length ofuphill lawn area x width ofupbtll lawn area 4P � sq.a. 7)Total drainage arca: T) Line 5+hae 6 SOD D sq.fL B)Sol!type: B) L Enter sandy,silty or clayey from results on page 7 5 r r l 9)Rain garden size factor. 9) Results from table 1 ortable 1 on page 9 8 G 10)Rain garden size: l0) Linc 7 X Line 9 sq.g. Liras 2 and 10 give you the ditnensiions of your rain garden.This is based on capWring 1 00%of the rvaof E If you do aotwishto build&rain gm-6m ofthis sin,a smaller min gardenwill still help =1 of nrnoff and fiherpolkAxnts. EXHIBIT B-3 RESOLUTION NO. Feyo Raingarden Planting Schedule Name Number Spiderwort 32 Blue lobelia 14 Blue Flag Iris 24 Culver's Root 10 New England Aster 14 Prairie Blaurrg Star 16 EXHIBIT C- RESOLUTION NO. 5 8 7 L4 I � I11 EXHIBIT C--2 RESOLUTION NO. J 8 7 4 r. LU _ STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed Administrative Support Assistant of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 26, 2009 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Support Assistant and the Corporate seal of the City this A" day of Al/y -n t� , 2009. Monica Fadness, Administrative Support Assistant (seal) ,