HomeMy WebLinkAboutRes 6485 •
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Doc No A10175805
Certified, filed and/or recorded on
Mar 26, 2015 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 97 Pkg ID 1221469M
Doc Name: Conditional Use Permit
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
CORRECTIVE RESOLUTION OF THE CITY COUNCIL
No. 4 8J
THE PURPOSE OF THIS INSTRUMENT IS TO CORRECT RESOLUTION NO. 6339
ADOPTED BY THE CITY COUNCIL ON NOVEM 12, 2013, AND RECORDED
MARCH 17, 2014, AS DOCUMENT NUMBER A1006227 IN THE OFFICE OF THE
COUNTY RECORDER OF HENNEPIN COUNTY, MINNESOTA, BY ADDING THE
INADVERTANTLY OMITTED EXHIBITS A AND B.
A RESOLUTION
GRANTING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279, 78-1282 & 78-1680
AND A CONDITIONAL USE PERMIT
PURSUANT TO MUNICIPAL ZONING CODE
SECTION 78-966
FILE NO. 13-3623
WHEREAS, Lin Yan and Amy Yongli Shi, a married couple (hereinafter "the Applicants") are
the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter the"City")
and legally described as: Lots 1 and 2,Block 11, Saga Hill Revised(hereinafter the"Property"); and
WHEREAS, the Applicants have made application to the City of Orono for variances from
Orono Municipal Zoning Code Sections 78-1680, 78-1279 and 78-1282 to allow construction of a new
lake access stair resulting in 209 square feet of hardcover and which replaces an existing stair encroaching
into the adjacent undeveloped City right-of-way within 75 feet of the OWHL of Lake Minnetonka; and
WHEREAS, the Applicants have made application to the City of Orono for a conditional use
permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow
grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and
grading to correct a drainage issue adjacent to the existing home on the Property; and
WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes
and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on
September 16, and October 21, 2013 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 number 13-3623.
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2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District
which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'.
3. The Planning Commission reviewed this application at a public hearing held on October
21, 2013 and voted 7 for and 0 against on a motion to approve the CUP for grading and
the hardcover variance. The Planning Commission finds that the following factors
support the granting of the requested variance and CUP:
a. The Property contains 30,378 square feet in area (0.70 acre) and has a defined width
of 193-feet at the lake and 147-feet at the 75-foot setback.
b. The home on the Property was constructed in 2007.
c. The Applicants have proposed to remove an existing stair which encroaches into the
adjacent undeveloped City right-of-way.
d. The Applicants' proposed stair system has been designed in a way which offers
screening of the stairs with a natural-looking slope as viewed from the lake.
e. With a total of 19% overall hardcover, the Property will conform to the hardcover
limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met.
f. The Applicants' proposed stair system and grading will not alter the essential
character of the neighborhood and will result in minimal or no negative impact on
adjacent properties.
g. The Applicants' project will not adversely impact views of the lake currently enjoyed
by the adjacent properties; views of the Property from the lake will be improved with
the new stair.
h. The Applicants' request is in harmony with the purpose and intent of the ordinance.
i. The Applicants have demonstrated that enforcing the provisions of the Zoning
Ordinance deprives the Applicants of the reasonable use of their Property.
j. The proposed grading within the 75-foot setback area will not have an adverse impact
on surrounding lands. Drainage patterns for runoff leaving the site will not be
significantly altered. The approved grading plan has been designed to address the
Applicants' drainage issues and does not adversely impact the natural character of the
lakeshore.
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 and CUP 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
and CUP 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
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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 fmdings, the Orono City Council hereby grants a variance
to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake
access stair within 75' of the OHWL; variances from Orono Municipal Zoning Code Sections 78-1279
and 78-1282 to allow construction of a new lake access stair Minnetonka to replace an existing stair
which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono
Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka
for construction of the new stair system and grading and to correct a drainage issue next to the existing
home on the Property; subject to the following conditions:
1. Council approval is based on the survey/grading plan and stair plan submitted by the Applicants
and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to
the approved plans which are not in conformity with City codes will require further Planning
Commission and City Council review.
2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are
granted.
3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by
the Applicants prior to the commencement of grading activities.
4. The Owner shall conform to the recommendations of the City Engineer.
5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the
grading activity and the lake.
6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with
the approved grading plan.
7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for
erosion control purposes with the application for Zoning Permit for Major Land Alteration prior
to commencement of grading activities.
8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to
the issuance of the Zoning Permit for Major Land Alteration.
9. An as-built grading plan/survey showing conformance with the approved plan shall be submitted
prior to the final inspection of the site grading. Vegetation must be established and final grading
must be approved prior to the release of escrow monies.
10. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a permit for the walls and stairs and
commencing construction of said project within one year of the date of Council approval, or the
variance and CUP will expire on that date (November 12, 2014).
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11. 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.
12. 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 J day of Cala-40-k_ ,2015.
ATTEST:
!;k:a, jireeKti
(-4-R—A-4--e 290 Cl-
Rachel Dodge,City Clerk p__ Lili Tod McMillan,Mayor
Amy Yongli Shi. Property Owner Lin Yan, Property Owner
STATE OF MINNESOTA )
:ss
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this 13 day of w�X ,2015,by Lin Yan,
husband of Amy Yongli Shi.
a . .�
r -.'-�✓-irl/rlllll./..ri..iy- = Notary Public
,,,:.;;;_th.hi MONICA A.FADNESS
• j. NOTARY PUBLIC-MINNESOTA
'':Y ` My Commission Expires Jan.31,2017
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COUNTY OF HENNEPIN )
This instrument was acknowledged before me this L day of 1'V liiir , 7015, by, Amy
Yongli Shi, wife of Lin Yan.
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3 Nota Public
Y „; MONICA A.FADNESS %
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! NOTARY PUBLIC-MINNESOTA y:1!
My Commission Expires Jan.31,2017
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STATE OF MINNESOTA )
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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 9, 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 cow-. rite lithe City this
13th day of March, 2015. ;
i�!!�Tieg 1 ty Clem
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