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Home My WebLink AboutReso # 5824 O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kESS0 NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-420, 78-1435, 78-1605, and 78-1608 FILE NO. 07-3322 WHEREAS, Robert L. Williams and Jordanna K. Williams, husband and wife (hereinafter"the Applicants") are the owners of the property located at 845 Willow Drive South within the City of Orono (hereinafter the"City") and legally described as follows: That part of Government Lot 7, Section 10, Township 117, Range 23, Hennepin County, Minnesota, lying north of Johnston French Lake Second Addition, EXCEPT the north 235 feet of the east 200 feet thereof, and EXCEPT road. TOGETHER WITH Outlot A, Carriage Hill, according to the recorded plat thereof, 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 Section 78-420 to allow construction of a detached accessory structure (hereinafter the "Workshop") 39.6 feet from Willow Drive where a 50 foot setback is normally required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 in order to allow construction of a Workshop between the principal building and Willow Drive where the required placement is behind the front line of the principal building; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1605 and 78-1608 to allow construction of a Workshop to be located at a setback of 15.6 feet from the delineated wetland boundary where a 50 foot buffer and 20 buffer setback are required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1605 and 78-1608 to allow construction of a two-story addition to the existing home 45 feet from the delineated wetland where a 50 foot buffer and 20 foot setback from the buffer are required, where the existing garage is set back 34 feet from the wetland and the existing house is set back 37 feet from the wetland. Page 1 of 4 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL SK0 NO. 5 8 Z 4 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3322. 2. The property is located in the RR-1B 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 October 15, 2007 and recommended approval of variances based on the following findings: a. The property contains 782,499 s.f. of area and has approximately 180 feet in width along Willow Drive South. b. The existing residence has existed on the property for many years. c. The narrowness in width exists between the wetland and Willow Drive South; there is no additional land available to add to the property which will bring the structures or the buildable envelope into conformity. d. The Applicants have proposed to establish a wetland buffer and have agreed to the filing of a perpetual easement and covenant over the buffer and wetland as part of this application. 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 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Pa-e 2 of 4 0 0 AN CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SII0 NO. 2 d 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 78-1435 in order to allow construction of a Workshop between the principal building and Willow Drive where the required placement is behind the front line of the principal building; and a variance to Orono Municipal Zoning Code Section 78-1605 and 78-1608 to allow construction of a Workshop to be located at a setback of 15.6 feet from the delineated wetland boundary where a 50 foot buffer and 20 buffer setback are required; and a variance to Orono Municipal Zoning Code Section 78-1605 and 78-1608 to allow construction of a two-story addition to the existing home 45 feet from the delineated wetland where a 50 foot buffer and 20 foot setback from the buffer are required, where the existing garage is set back 34 feet from the wetland and the existing house is set back 37 feet from the wetland, subject to the following conditions: 1. Council approval is based on the site plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicants shall grant to the City the standard Wetland and Wetland Buffer Conservation and Flowage easement and covenant over the wetland and wetland buffer areas. 3. Authorities granted by this resolution run with the property not with the Applicants, but are permissive. 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. This resolution supersedes Resolution No. 5695. Page 3 of 4 O 4 ti IN CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL`9kESI;04�C> NO. Adopted by the Orono City Council on the 23`h day of March, 2009. ATTEST: Linda S. Vee, City Clerk J es M. White, Mayor Page 4 of 4 -LAh E'l PARCEL SURVEYED o a Then pare of Geveranem let 7,Section 10,Township 117, • Range 23,Hennepin County,Minnesota,lying north of v li LI V W O 1J Land Smay L' aM \'/ . Jehrotan-French lake Second Addition,EXCEPr the north �'/ 235 feet of the east 200 feet thereof,and EXCEPE read. Boundsoy and VMpr011 menti,845 W NOW Deuce SM2,®TWO,MH TOGETHER WITH Outlet A,Carriage HIR,aaesrdirg to the Z. record plan mho esf,Hennepin County,Minnesota. .O Easements,H any,affecting the land poral surveyed by wage, of public record,or otherwise indieaft I on any plat or map were not reviewed and are emitted,unless otherwise Welke" PREPARED FOR Robert Williams The above land parol description is interred from the street IMS Wlllew Drive South address and/or legal description provided by the diem, Orono,MN together with rwbw,H ary,of the County tcaution description for the land paras and/or Cony surveyor's section map Northeast corner Government t 7 AIXO) -all 6-5298 information. mailN 8 327.93' W1327.93'North Line Government Lot 71127.93' 200.00'N89'41'50" W Northwest corner Government Lot 7 1 � O W N Q NOTES M m 1 N ` I � Sunveyen'c iron monument found in ground O N O Bearings aro on an assumed basis. EiewNm oare Cn 1 1 O� W cV according to NGVD 1929. Sift berdrnaric is garage gear slab,with an elevation of 935.73 feet. 1\ a J O hOUSfiI`B E rn 2S mO'I m 2 O. I—i 1 pt 1 5 a / 178.25 �, 0 0 J UNE ACO NG M SURWY NONUNEW t, 1 uNE rwuua m NartN —E—1 ear'y —'`\ \\\\__ \ +� -y i::.. , U C) 70 HARDCOVER&AREAS "4� �� `+1 \ �` \\V4111.1— 1 '", o ° land parcel surveyed(sit*)? 785929 SQ.FT. "2. I 1 I N N A driveway 1241 SQ.FT. �'�T �� '111°yI `,`\\� •, B go—go 545 SQ.IT. ' ' B.�IILUI�I A 3 C building&porch 1409 SQ.FT. g� tD D plan workshop&additions 1164 SQ.FT. ,� O E retaining wall&fireplace 53 SQ.Fr. Zc, \ j1 { p fr'I site hardcover (A,B,C E) 3248 SQ.Fr. 0A1% t•.` ^4; / , �r�, 1 11 oplan sift hardcover (A,B,G D,E) 4412 SQ.Fr.0.56% `� .\;, -\ ., 1+te�/ 35 1` In \1 A si' I hereby certify that this survey was prepared by.me or under my direct supervison. 1 am a duly registered land esu run of the State of Minnesota I I November 7,2007 rank R.Cardamile,L.S. \�•�J lll�� = I = Registration No.6508 785,929 SQ. FTS:, w Drawing revised on November 7,2007 18.042 ACRES gas Q TO BE REMOVED Q Frank R. Cardarelle P�nN R,s 5eD �oI I I u Land Surveyor, Inc. �4 d I' �' 6440 Flying Cloud Drive . 0gat Eden Prairie,Minnesota 55344 1 S ( ��"' 952-941-3031 fax 952-941-3030 \ North Line Johnstons French Lake Second Addition N 89'42'51 Wb,' 37 261 1366.20' ,5i vi J Ica I northeast corner Johnstons French Lake Second Addition 0 JOHNSTONS FRENCH LAKE SECOND ADDITION ' RECEIVED NOV 0 7 ZUUi CITY OF ORONO r 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 March 23, 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 City this 26th day of. March , 2009. Pr .r 'fi V ity derk p l r f va. t ?4S kl &l0 cbn �6- S Doc No A9358495 Certified filed and/or rec ded on 5/7/09 12:00P Office of the Count ' ecorder Hennepin County, innesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 65 Pkg ID 535129 Doc Name: Variance Document Recording Fee $46.00 Document Tota! $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-420, 78-1435, 78-1605, and 78-1608 FILE NO. 07-3322