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HomeMy WebLinkAboutRes 7103Existing Certs 1314967 11111l11 1111111111111111111111111111 V111 1111 I1111111 LAND TYPE Torrens (T) DOC NUM 5756901 Certified, filed and/or recorded on Oct 12, 2020 2:20 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 1 Pkg ID 2084086E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 03 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. LA20-000021 WHEREAS, on April 20, 2020, Jeff Brady ("Applicant"), applied for a variance from the City Code for the property addressed 350 North Shore Drive and legally described as: That part of the West 230 feet of the South 435.6 feet of the Southwest Quarter of the Northwest Quarter of Section 6, Township 117 North, Range 23, lying North of the following described line: Commencing at the Southwest corner of the Northwest Quarter of said Section; thence running Northerly on the Quarter Section line 214.5 feet to the actual point of beginning of the line to be described; thence Easterly at right angles to said last mentioned line 230 feet and there terminating. (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow an addition of the home within the side yard setback; and WHEREAS, on May 18, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on May 18, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on June 8. 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000021. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 103 2. The Property is located in the RR -1 B Zoning District. 3. The Property contains 1 acres in area and has a defined lot width of 220 feet. 4. Applicant has applied for the following variance: a. Side Yard Setback 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The variance to allow construction of a home addition is in harmony with the zoning code; the requested setback variance on this Property is generally consistent with the intent of the ordinance. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." This statement is true; the requested variance is in line with the rural residential goals within the comprehensive plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls The variance request is residential in nature and are reasonable considering existing conditions of the property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. the location of the existing home and the site configuration was not created by the owner, and c. The variance, if granted, will not alter the essential character of the locality. " The proposed addition is in the rear of the home backing up to a heavy wooded area. The visual impacts will be minimal from the street as well as from adjacent properties. The proposed addition will not alter the character of the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7103 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as an addition to a home is an allowed use in the RRA B District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The setback requirements, the size and shape of the property is similar to the other properties in the neighborhood within the RRA B district. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The existing home is nonconforming as it currently sites within the front and north side required yard. The property also is served by septic with has infrastructure location to the south of the home and the overall property is substandard in area creating a smaller building envelope for the parcel making creating unique challenges for the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed addition for a garage is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts being on the rear of the home. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The proposed project will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variance will resolve and alleviate a demonstrated practical difficulty. 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 78-420 to allow as addition to the home within the side yard setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey with revisions dated April 20, 2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. CTI'Y OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 3 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (June 8, 2021). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 6. Removal of the sheds from of the neighboring property as shown on Exhibit A. ADOPTED by the Orono City Council on this 1S day ofiuVI e— 20 ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 Vaca vI 9'2 :-' ,,�-- , ---:I(1 7103 Ex�n�bi� !k mo G[-9G4Aof ROPOSEV Il :Ruo;o 0 EXISTING HOUSE rylI 1 47 g fi E•99°.G S, � �� U 1 I .0 9U • I ,- , lop I r cw° 1 y 0 20 40 60 SCALE IN FEET ,11' - EXISTING SPOT ELEVATION. X(998.0)- PROPOSED SPOT ELEVATION - DRECTXIN SURFACE DRAL14AGE COH - CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE CFE GARAGE FLOOR ELEVATION TFE = TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEVATION HARDCOVER EXISTING HOUSE = 1660 SF PATIOWK = 410 SF FSTEP - 30 SFD DRIVE 7040 SF TOTAL = 9140 SF/21.0% PROPOSED GARAGE = 1080 SF/25T TOTAL EX/STFVG TO RE"MY AND PROPOS£0 - 9JJO SP/? 1.4X (4/10/70) SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION LEGAL DESCRPTION: / THE WEST 221.1 FEET OF TFE SOUTH t / ) �� 1 435.6 FEET OF THE WEST 230 FEET OF THE NW 1/4 OF SEC. 6, T.117. R.23, ' ! ^"9 \ \ HEN'NEPIN CO.. MN. \\\\ ADDRESS 350 NORTH SHORE DRIVE W ORONO, ASN. 55364 PD#06-117-23-23-0011 / 1 1 LOT AREA - 43580 SF/1.0 AC TO R/W / ll ! •/,u I 1 VERFY ALL D.v£NS/GWS ANO ¢'O ELEVATIONS I477H PROPOSED PLANS SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION 7103 LLi QHS\��1eC� JC\ iN V k- 513" IJIU C, OL V-2 314 -,V� ' 'I bb -(L . _..__-- -.._.. .. . 51 `..' 7o Florence Drive 0 Excelsior, MN 55331 Ci h,1t.,.:�vt 14�lJ:liv^. �11ct�c.� www.sjfisherconstruction.com {= !EiL`dfILooltnc Office 952/474-6976 i' oj`E.`d sIq :lt 7103 X1..15?E. %��• � E 7o Florence Drive ® Excelsior, MN 55331 a Office 952/474-6976 ww-lr.sjfisherconstrLction.com e ! N •e.w of 71 03 3vl� • fi t —T7— 7o Florence Drive ® Excelsior, MN 55331 ® Office 952/474-6976 www.sjfisherconstrnt ction.com 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 June 8, 2020 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 7th day of October, 2020. Anna Carlson, City Clerk (seal) LAND TYPE Abstract (A) DOC NUM 10853232 Certified, filed and/or recorded on Oct 12, 2020 2:36 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 2084107E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (reserved for recording) GRANT OF RESTRICTIVE COVENANT THIS AGREEMENT is made and entered into this &QyA day of F6140e, 2020, between the City of Orono, a Minnesota municipal corporation, ("City"), and the Com issioner of Natural Resources, a political subdivision of the State of Minnesota, ("State"). WHEREAS, the City has fee title interest in the real property described in Exhibit A attached hereto and incorporated herein; and WHEREAS, pursuant to Minn. Stat. § 84.0264, the State is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota; and WHEREAS, the State entered into a Grant Contract with the City that was fully executed on October 28, 2019, that provides the City with a Grant under the Land and Water Conservation Fund subject to certain restrictions; and WHEREAS, in order to comply with the Department of Natural Resources' Outdoor Recreation Project Contract LW27-01433, the City agreed to record certain conditions against the Subject Property described in Exhibit A; and NOW, THEREFORE, in consideration of the Grant Contract made by the State to the City and in consideration of the mutual agreements and covenants, the Council and City agree as follows: 1. The Subject Property shall be permanently managed and maintained for public outdoor recreation use. 2. The Subject Property has been developed with Land and Water Conservation Fund assistance, and the Subject Property shall not be converted to other than public outdoor Error! Unlmown document property name. recreation use without the written approval of the State acting through its Commissioner of Natural Resources and the Secretary of the Interior. The State and the City are aware of the Conservation Easement, which encumbers the Subject Property. The Conservation Easement was granted by the City to the Minnehaha Creek Watershed District, a governmental body created under Minnesota Statutes Chapter 103D on March 27, 2006. The terms, conditions, restrictions, and purposes of the Conservation Easement dated March 27, 2006, shall be incorporated to this Restrictive Covenant by reference herein. Nothing in this Restrictive Covenant shall supersede the terms, conditions, restrictions, or purposes of the Conservation Easement. 4. This Restrictive Covenant does not change the existing terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement Acquisition Grant for the Big Island Veterans Camp Project between the City and the State of Minnesota, dated April 12, 2005. The covenants and restrictions set forth in this Declaration shall run with the land, shall be recorded with Hennepin County against the title to the land, and shall be binding upon and inure to the benefit of the City and the State named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the land. This Restrictive Covenant may be enforced by the State, its successors, and all parties entitled to possess or use the Subject Property. IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective names all as of the above date. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Lai V was ,���:,1� Z4; h, May r By Dustin Rief, City Administrator The foregoing instrument was acknowledged before me this pWy'day of 2020 by Dennis Walsh and by Dustin Rief, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. �Sry' ANNA MARIE CARLSON f NOTARY PUBLIC - MINNESOTA N ry Public Za—;4 "� My Commission Expires Jan, 31, 2025 Error! Unknown document property name. DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SNC Error! Unknown document property name. EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Government Lot One (1), Section fourteen (14), Township One Hundred Seventeen (117), Range Twenty-three (23); Government Lot Two (2), Section Twenty-three (23), Township One Hundred Seventeen (117), Range Twenty-three (23); and that part of Government Lot Three (3), Section Twenty-three (23), Township One Hundred Seventeen (117), Range Twenty-three (23), commencing at the Northeast corner of said Government Lot Three (3), Section Twenty-three (23); thence Southwesterly along the lake shore to the Northeast corner of Lot A, Morse Island Park; thence South 350 feet to Lake Minnetonka; thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the place of beginning. Error! Unknown document property name. (reserved for recording) GRANT OF RESTRICTIVE COVENANT THIS AGREEMENT is made and entered into this 6� y day of fe -hrl , 2020, between the City of Orono, a Minnesota municipal corporation, ("City"), and the Cominissioner of Natural Resources, a political subdivision of the State of Minnesota, ("State"). WHEREAS, the City has fee title interest in the real property described in Exhibit A attached hereto and incorporated herein; and WHEREAS, pursuant to Minn. Stat. § 84.0264, the State is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota; and WHEREAS, the State entered into a Grant Contract with the City that was fully executed on October 28, 2019, that provides the City with a Grant under the Land and Water Conservation Fund subject to certain restrictions; and WHEREAS, in order to comply with the Department of Natural Resources' Outdoor Recreation Project Contract LW27-01433, the City agreed to record certain conditions against the Subject Property described in Exhibit A; and NOW, THEREFORE, in consideration of the Grant Contract made by the State to the City and in consideration of the mutual agreements and covenants, the Council and City agree as follows: 1. The Subject Property shall be permanently managed and maintained for public outdoor recreation use. 2. The Subject Property has been developed with Land and Water Conservation Fund assistance, and the Subject Property shall not be converted to other than public outdoor Error! Unknown document property name. recreation use without the written approval of the State acting through its Commissioner of Natural Resources and the Secretary of the Interior. 3. The State and the City are aware of the Conservation Easement, which encumbers the Subject Property. The Conservation Easement was granted by the City to the Minnehaha Creek Watershed District, a governmental body created under Minnesota Statutes Chapter 103D on March 27, 2006. The terms, conditions, restrictions, and purposes of the Conservation Easement dated March 27, 2006, shall be incorporated to this Restrictive Covenant by reference herein. Nothing in this Restrictive Covenant shall supersede the terms, conditions, restrictions, or purposes of the Conservation Easement. 4. This Restrictive Covenant does not change the existing terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement Acquisition Grant for the Big Island Veterans Camp Project between the City and the State of Minnesota, dated April 12, 2005. The covenants and restrictions set forth in this Declaration shall run with the land, shall be recorded with Hennepin County against the title to the land, and shall be binding upon and inure to the benefit of the City and the State named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the land. This Restrictive Covenant may be enforced by the State, its successors, and all parties entitled to possess or use the Subject Property. IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective names all as of the above date. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) CITY O RO O B � . Y De ' Walsh, May r By Dustin Rief, City Administrator The foregoing instrument was acknowledged before me this day of di'ufv 2020 by Dennis Walsh and by Dustin Rief, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ANNA MARIE CARLSON NOTARY PUBIC - MINNESOTA N6zrry Public ?My Commission Expires Jan. 31, 2025 Error! Unknown document property name. DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SNC Error! Unknown document property name. I LEGAL DESCRIPTION OF SUBJECT PROPERTY Government Lot One (1), Section fourteen (14), Township One Hundred Seventeen (117), Range Twenty-three (23); Government Lot Two (2), Section Twenty-three (23), Township One Hundred Seventeen (117), Range Twenty-three (23); and that part of Government Lot Three (3), Section Twenty-three (23), Township One Hundred Seventeen (117), Range Twenty-three (23), commencing at the Northeast corner of said Government Lot Three (3), Section Twenty-three (23); thence Southwesterly along the lake shore to the Northeast corner of Lot A, Morse Island Park; thence South 350 feet to Lake Minnetonka; thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the place of beginning. Error! Unknown document property name.