HomeMy WebLinkAboutResolution 4228 HINSHAW & CULBERTSON
PIPER JAFFRAY TOWER
APPLETON,WISCONSIN SUITE 3100
MIAMI,FLORIDA
BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET
MILWAUKEE,WISCONSIN
BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402
MUNSTER,INDIANA
BROOKFIELD,WISCONSIN PEORIA,ILLINOIS
CHAMPAIGN,ILLINOIS 612.333.3434
. PHOENIX,ARIZONA
TELEFAX612.295.0398
CHICAGO,ILLINOIS ROCKFORD,ILLINOIS
CRYSTAL LAKE,ILLINOIS
ST.LOUIS,MISSOURI
FT.LAUDERDALE,FLORIDA SAN FRANCISCO,CALIFORNIA
JACKSONVILLE,FLORIDA SPRINGFIELD,ILLINOIS
JOLIET,ILLINOIS TAMPA,FLORIDA
LAKE GENEVA,WISCONSIN Nancy Chadwick WAUKEGAN,ILLINOIS
LISLE,ILLINOIS Direct:612.295.0660
nchadwick@onrampinc.net
September 13, 1999
Carole A. Haseman, Deputy City Clerk
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
Re: Recorded Resolutions
Our File No. 752031
Dear Carole:
Enclosed please find attested copies of the following Resolutions that were recorded in
the office of the Hennepin County Registrar of Titles:
1. Resolution No. 4228 (File No. 2447) recorded April 1, 1999, as Document No.
3140740;
2. Resolution No. 4065 (File No. 2325) recorded June 16, 1999, as Document No.
3169666; and
3. Resolution No. 4264 (File No. 245 1) recorded July 9, 1999 (the Registrar did not
assign a document No. to this resolution prior to returning the attested copy).
Certified copies of the following resolutions that were recorded in the office of the
Hennepin County Recorder on June 16, July 13 or July 14 are also enclosed:
June 16, 1999:
1. Resolution No. 4227 (File No. 2446) recorded as Document No. 7129610;
2. Resolution No. 4257 (File No. 2227) recorded as Document No. 7129611;
3. Resolution No. 4244 (File No. 2460) recorded as Document No. 7129612;
July 13, 1999:
1. Resolution No. 4277 (File No. 2475) recorded as Document No. 7144534;
2. Resolution No. 4276 (File No. 2473) recorded as Document No. 7144535;
Carole Haseman
September 13, 1999
Page 2
3. Resolution No. 4272 (File No. 2444)recorded as Document No. 7144547;
4. Resolution No. 4275 (File No. 2472)recorded as Document No. 7144548;
5. Resolution No. 4274 (File No. 2468) recorded as Document No. 7144549; and
July 14, 1999:
1. Resolution No. 4110 (File No. 2380)recorded as Document No. 7144905.
Upon your receipt of the enclosed,recorded resolutions please do not hesitate to call me
if you have any questions.
Very truly yours,
Nancy L. Chadwick
Paralegal
Enclosure
cc: Thomas J. Barrett, Esq.
41P ' ,Fs .a
G108$446'
RESOLUTION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on January 25. 1999 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 29th day of
January —' 19 99
i
Linda S. Vee, City Clerk
(SEAL)
O O �
*� CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6;
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2;
SECTION 10.56, SUBDIVISION 16; AND
SECTION 10.5 , SUBDIVISIONS 10 (B) AND 11 (A)
AND A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE NO. 2447
WHEREAS, Kirt Woodhouse (hereinafter the "applicant") is owner of the
property located at 885 Ferndale Road West within the City of Orono (hereinafter "City") and
legally described as follows:
Par l: Lots 105 and 106, Auditors Subdivision Number 184, Hemnepin County,
Minnesota, according to the recorded plat thereof on file or of record in the office
of the Registrar of Titles in and for said County.
Par 2: All that part of Lot 22, Country Club Estates, Hennepin County,
Minnesota, lying East of the canal, according to the recorded plat thereof on file
or of record in the office of the Registrar of Titles in and for said County.
(hereinafter the "property"); 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 January 19, 1999, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a side yard variance to
allow the garage to be 5' from the east property line and the kitchen 8.96' from the east property
line where 30',is required; a lakeshore setback variance to allow the kitchen addition to be 27'
fromthe"Lakeshore where the existing house is 27' from the lakeshore and 75' is required; a
a�
�tWck�variance t *,allow the office/library addition over the existing patio which is
re ,here 75 is required; a hardcover variance in the 0-75' setback to allow
�� $
e }s existing and none is allowed; and a hardcover variance in
A
,the tba�ck low'"96 where 35.4% is existing and 25% is allowed per a p Municipal
b :Y
s
Page 1 of 6
i
�00, O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
\ SIi04� NO. 4 2
Zoning ode Section 10.23, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; Section
10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and 11 (A) that would allow an
existing residence that is located entirely outside of the allowed building envelope to be
remodeled; and a conditional use permit is required for fill in a flood plain for the relocation of
a section of the driveway per Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2447.
2. The property is located in the LR-lA Zoning District, where 2 acres is the
minimum lot area. The property consists of .932 acres or 40,629 sq. ft.
3. The Planning Commission reviewed this application on January 19, 1999 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. The subject property does not meet the lot area, side yard or lakeshore
setback requirements.
B. The lot does meet lot width and street yard setback requirements.
C. The entire residence is located outside of the allowed building area.
D. There is a low area in the street yard that is considered flood plain
because it is below the 931.5 elevation.
•,The lot is `subject to a 75' Lakeshore setback on the south and west side of
� the Property_
land alteration will result in no net volume chance to the flood plain.
�f
Page 2 of 6
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
kESH04' NO. : Y=:
x The 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 properties, would not merely serve as
a convenience to the applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The City Council finds that granting a c6nditional use permit for fill in a flood
plain for the relocation of a section of the driveway will not be detrimental to the
health, safety or general welfare of the public, would not adversely affect light,
air nor pose a fire hazard or other danger to neighboring property, nor will its
use depreciate surrounding property values and that the proposed level of use of
the property will be in keeping with the intent and objectives 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 side yard variance to allow the garage to be 5' from the east property line and the
kitchen 8.96' from the east property line where 30' is required; a lakeshore setback variance to
allow the kitchen addition to be 27' from the Lakeshore where the existing house is 27' from the
lakeshor-- and 75' is required; a lakeshore setback variance to allow the office/library addition
over the existing patio which is 42' from the lakeshore where 75' is required; a hardcover
variance in the 0-75' setback to allow 16.6% hardcover where 17.38% is existing and none is
allowed; and a hardcover variance in the 75-250' setback to allow 30% where 35.4% is existing
and 25% is allowed per Municipal Zoning Code Section 10.23, Subdivision 6; Section 10.22,
Subdivisions 1 (B) and 2; Section 10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and
11 (A) that would allow an existing residence that is located entirely outside of the allowed
building envelope to be remodeled as shown on plans prepared by Keith Waters and Associates
in Exhibit A; and grants a conditional use permit for fill in a flood plain for the relocation of
a section of the driveway per Section 10.03, Subdivision 19, subject to the following conditions:
1. Applicant to obtain the appropriate permits for filling in the floodplain from the
City and Watershed District.
Page 3 of 6
i
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
� G
NO. .
kESH�
2. No additional hardcover variances in the future.
3. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (January 25, 2000).
4. 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.
5. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 25th day of January, 1999.
ATTEST:
Linda S. Vee, City Clerk Gabriel bbour, Mayor
Property Owner(s)
Page 4 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of January, 1999 by
Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
CAROLE A.HASUAAN
'4
t - h
'NES
OTA-4i:NOTARY FUELIC
,.i ( i ( 4,
HENNEPIN COUNTY _1.:"_>--"':��•- i
My Commission Expires Jan.31.200 r,
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this =t day of {�;, �, , 1999 , before me a Notary Public
within and for said County, personally appeared KI 1-1 ( cane, h f rne-rried.
known to me to be the person(s) described in and who executed the foregoing instrument, and
acki;owledged that he (they) executed the same as his (their) free act and deed.
CAR01E A Hr'E
J Nuri RY FUEUC t'''ESOTa
HEN'E'rI CCUNTY
" Notary Public
6!y Ccrmissicn E;. ires Jcr.??•2000 n
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 6
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CERTF k- r l'._ n- ON
APR 1 1999
qrREGISTRAROF T`ITLEs
BY DEPUTY an
HINSHAW & CULBERTSON
PIPER JAFFRAY TOWER
APPLETON,WISCONSIN SUITE 3100
MIAMI,FLORIDA
BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN
BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MUNSTER,INDIANA
BROOKFIELD,WISCONSIN PEORIA,ILLINOIS
CHAMPAIGN,ILLINOIS 612.333.3434
PHOENIX,ARIZONA
CHICAGO,ILLINOIS TELEFAX:612.295.0398
ROCKFORD,ILLINOIS
CRYSTAL LAKE,ILLINOIS - ST.LOUIS,MISSOURI
FT.LAUDERDALE,FLORIDA _ SAN FRANCISCO,CALIFORNIA
JACKSONVILLE,FLORIDA - SPRINGFIELD,ILLINOIS
JOLIET,ILLINOIS
TAMPA,FLORIDA
LAKE GENEVA,WISCONSIN Nancy Chadwick WAUKEGAN,ILLINOIS
LISLE,ILLINOIS Direct:612.295.0660
nchadwick@onrampinc.net
July 2, 1999
Carole A. Haseman, Deputy City Clerk
City of Orono ,
P.O. Box 66
Crystal Bay, MN 55323-0066
Re: Recorded Resolutions
Our File No. 752031
Dear Carole:
Enclosed please find certified copies of the following resolutions that were recorded in
the office of the Hennepin County Recorder on April 1 or 2, 1999:
1. Resolution No. 4194 (City File No. 2424), recorded as Document No. 7088445;
2. Resolution No. 4228 (City File No. 2447), recorded as Document No. 7088446;
3. Resolution No. 4129 (City File No. 2381), recorded as Document No. 7089154
together with the Covenant for Oversized Accessory Structure recorded as
Document No. 7089155; and
4. Resolution No. 4226 (City File No. 2445), recorded as Document No. 7089156.
I have also enclosed attested copies of the following resolutions that were recorded in the
office of the Hennepin County Registrar of Titles in January or February:
1. Resolution No. 4169 (City File No. 2419) recorded as Document No. 3107381;
2., Resolution No. 4099 (City File No. 2373) recorded as Document No. 3107382;
3. Resolution No. 4214 (City File No. 2399) recorded as Document No. 3123962;
4. Resolution No. 4095 (City File No. 2366) recorded as Document No. 3125593
(this resolution was also recorded in the office of the Hennepin County Recorder
on February 19, 1999, as Document No. 7060481).
Carole Haseman
July 2, 1999
Page 2
Upon your receipt of the enclosed,recorded resolutions,please do not hesitate to call me if you
have any questions.
Very truly yours, /
4Ncvy . Chadwick
Paralegal
Enclosure
cc: Thomas J. Barrett, Esq.
ice'
00' 7 88446
UTY
422
RESOLUTION# 'qF:Rq,a#c;, x
STATE OF MINNESOTA )
COUNTY OF HENNEPIN . )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on January 25. 1999 ,and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 29th day of
January , 19 99
Linda S. Vee, City Clerk
a, -
1pati
�0
' Y
0 .. O
. - CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
S
�L9kE H0, NO. 4
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6;
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2;
SECTION 10.56, SUBDIVISION 16; AND
SECTION 10.55, SUBDIVISIONS 10 (B) AND 11 (A)
AND A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE NO. 2447
WHEREAS, Kirt Woodhouse (hereinafter the "applicant") is owner of the
property located at 885 Ferndale Road West within the City of Orono (hereinafter "City") and
legally described as follows:
Par 1: Lots 105 and 106, Auditor's Subdivision Number 184, Hennepin County,
Minnesota, according to the recorded plat thereof on file or of record in the office
of the Registrar of Titles in and for said County.
Par 2: All that part of Lot 22, Country Club Estates, Hennepin County,
Minnesota, lying East of the canal, according to the recorded plat thereof on file
or of record in the office of the Registrar of Titles in and for said County.
(hereinafter the "property"); 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 January 19, 1999, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a side yard variance to
allow the garage to be 5' from the east property line and the kitchen 8.96' from the east property
line where 30' is required; a lakeshore setback variance to allow the kitchen addition to be 27'
from the lakeshore where the existing house is 27' from the lakeshore and 75' is required; a
Lakeshore setback variance to allow the office/library addition over the existing patio which is
42' from the lakeshore where 75' is required; a hardcover variance in the 0-75' setback to allow
16.6% hardcover where 17.38% is existing and none is allowed; and a hardcover variance in
the 75-250' setback to allow 30% where 35.4% is existing and 25% is allowed per Municipal
Page 1 of 6
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��kESH�g� NO. 42 2 6
Zoning ode Section 10.23, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; Section
10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and 11 (A) that would allow an
existing residence that is located entirely outside of the allowed building envelope to be
remodeled; and a conditional use permit is required for fill in a flood plain for the relocation of
a section of the driveway per Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2447.
2. The property is located in the LR-lA Zoning District, where 2 acres is the
minimum lot area. The property consists of .932 acres or 40,629 sq. ft.
3. The Planning Commission reviewed this application on January 19, 1999 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. The subject property does not meet the lot area, side yard or lakeshore
setback requirements.
B. The lot does meet lot width and street yard setback requirements.
C. The entire residence is located outside of the allowed building area.
D. There is a low area in the street yard that is considered flood plain
because it is below the 931.5 elevation.
E. The lot is subject to a 75' lakeshore setback on the south and west side of
the property.
F. The land alteration will result in no net volume change to the flood plain.
Page 2 of 6
0 0
CITY of ORONO
a �
RESOLUTION OF THE CITY COUNCIL
��9kESH0 NO. -'A 2 2
The 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 properties, would not merely serve as
a convenience to the applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use permit for fill in a flood
plain for the relocation of a section of the driveway will not be detrimental to the
health, safety or general welfare of the public, would not adversely affect light,
air nor pose a fire hazard or other danger to neighboring property, nor will its
use depreciate surrounding property values and that the proposed level of use of
the property will be in keeping with the intent and objectives 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 side yard variance to allow the garage to be 5' from the east property line and the
kitchen 8.96' from the east property line where 30' is required; a lakeshore setback variance to
allow the kitchen addition to be 27' from the lakeshore where the existing house is 27' from the
lakeshore and 75' is required; a lakeshore setback variance to allow the office/library addition
over the existing patio which is 42' from the lakeshore where 75' is required; a hardcover
variance in the 0-75' setback to allow 16.6% hardcover where 17.38% is existing and none is
allowed; and a hardcover variance in the 75-250' setback to allow 30% where 35.4% is existing
and 25% is allowed per Municipal Zoning Code Section 10.23, Subdivision 6; Section 10.22,
Subdivisions 1 (B) and 2; Section 10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and
11 (A) that would allow an existing residence that is located entirely outside of the allowed
building envelope to be remodeled as shown on plans prepared by Keith Waters and Associates
in Exhibit A; and grants a conditional use permit for fill in a flood plain for the relocation of
a section of the driveway per Section 10.03, Subdivision 19, subject to the following conditions:
1. Applicant to obtain the appropriate permits for filling in the floodplain from the
City and Watershed District.
Page 3 of 6
0 � •
CITY of ORONO
a AV
RESOLUTION OF THE CITY COUNCIL
SH0 NO. d 2
2. No additional hardcover variances in the future.
3. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (January 25, 2000).
4. 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.
5. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 25th day of January, 1999.
a r
4 , r
%,ClerkGabriel bbour, Mayor
r
Pro erty Owner(s)
Page 4 of 6
O O
A - CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
SH0 NO. 4
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of January, 1999 by
Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
CAROLE A.NASEMAN
< NOTARY PUBLIC-MINNESOTA
,
eh HENNEPIN COUNTY
° My Commission Expires Jan.31.2000 Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this _-day of Mrve__A , 1999 , before me a Notary Public
within and for said County, personally appeared Kid h) bou-"'5r, Adj rnkrriek
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
lam, CAROLE A.NASEMAN
NOTARY PUBLIC-MINNESOTA
,m^ HENNEPIN COUNTY Notary Public
x My Commission Eypires Jan.31,2000
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 6
LOCATED ON AUGUST 8,1998
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