Loading...
HomeMy WebLinkAboutRes # 5206 i O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESI;0 NO. 3. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the variances based on the following findings: a. French Lake is a Natural Environment lake which requires a 150' setback from the OHWL. b. The existing home is located approximately 50' from the OHWL, entirely within the required 150' setback. c. Prior to the adoption of the Shoreland Ordinance in 1992 establishing a 150' setback from Natural Environment lakes, the home was subject to only a 26' wetland setback, at which time all structures were in a conforming location. d. The applicant has proposed to a net reduction of 1.2% hardcover within the 0-75' zone. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 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 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. 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 78-1279 Subdivision 1, and 78-1288 Subdivision A to allow hardcover within the 0-75' setback zone of 8% where 9.2% currently exists and a lake setback variance to allow decks to be set back 45' from Page 2 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SH0 NO. a P 1 the OHWL of French Lake where 150' is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. 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 8% or 1,604 s.f. Hardcover in the 75'-250' zone shall be limited to 4,260 s.f. or 18.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any fixture 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. 3. Applicant 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. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed decks. 5. Authorities granted by this resolution run with the property not with the applicant, 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 (July 26, 2005). 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SIIOg�G NO. 5208 Adopted by the Orono City Council on the 26`1' day of July, 2004. ATTEST: Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor Prop rty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26`h day of July, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Alb, aft" . �R13T1 ANDERi Page 4 of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL`9xESI'i0 �G N0. !(1! STATE OF MINNESOTA COUNTY OF HENNEPIN v' The foregoing instrument was acknowledged before me on this �.C v day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE rvl NOTARY PUBLIC MINNESOTA MyCornn*,sImExomJan.31.200."+ y; �~ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2'!�day of , 2004 by Martha Alice Leigh Spencer, a single person. =C-Ts"-" My RBARA G.SILUS d'zy PUBLIC-MINNESOTArnission Expires Jan.3S,2006 Notary Public L) Page 5 of 5 EXHIBIT "A" LEGAL DESCRIPTION SITUATED IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA: THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF GOVERNMENT LOT 6 IN SECTION 10, TOWNSHIP 117 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER OF NORTHWEST QUARTER DISTANT 395 FEET 10 INCHES NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 35 DEGREES 45 MINUTES EAST 432 FEET TO THE ACTUAL POINT OF BEGINNING OF THE TRACT TO BE DESCRIBED; THENCE CONTINUING SOUTH 35 DEGREES 45 MINUTES EAST 250 FEET; THENCE DEFLECTING TO THE RIGHT 89 DEGREES 03 MINUTES TO THE WEST LINE OF SAID GOVERNMENT LOT 6; THENCE NORTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 6 TO ITS INTERSECTION WITH A LINE DRAWN FROM THE POINT OF BEGINNING WITH A DEFLECTION ANGLE OF 89 DEGREES 03 MINUTES; THENCE NORTHEASTERLY ALONG SAID LINE TO THE POINT OF BEGINNING, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF AND SITUATE IN HENNEPIN COUNTY, MINNESOTA. 10-117-23-24-0012 1005 S WILLOW DR; WAYZATA, MN 55391-9385 20040821755520 13656718 The use of this Legal Description is limited by the terms and conditions of the FACT Tide Report.the FACT Service Level Agreement,and the FACT Master Loan Policy.