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Home My WebLink AboutResolution 5874 - Torrens Doc No T4747583 Certified, filed and/or recorded on 4/21/10 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota �` p`y r Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 58 Pkg ID 620085 Doc Name: Resolution Document Recording Fee $46.00 Multiple Certificates Affected $20.00 Fee Document Total $66.00 Existing Certs New Certs 1086268 1086269 This cover sheet is now a permanent part of the recorded document. 60 A RESOLUTION RENEWING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 09-3429 O O O ti CIIT of ORONO ti �L RESOLUTION OF THE CITY COUNCIL`9kESIrI04�G NO. 5 8 7 4 A RESOLUTION RENEWING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 09-3429 WHEREAS, Mark James Fuller, Stacey Michelle Nakaya, and Karen Lynn Feyo (hereinafter "Owners") are the owners of the property located at 4055 Elm Street within the City of Orono (hereinafter "City") and legally described as: Lots 7 8 and 9, Block 9, Minnetonka Summit Park, Hennepin County, Minnesota(hereinafter "the Property"); an-and- WHEREAS, WHEREAS, the Owners have made application to the City for a renewal of a variance to Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required; 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 October 19, 2009, 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#09-3429. 2. The property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is approximately 0.44 acre in area and 120 feet in width. 3. The Planning Commission reviewed the application on October 19, 2009 on a vote of 5 - 0 recommended approval of the variance, based on the following findings: a. The parcel was created before there were subdivision regulations. Page 1 of 4 00, 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SIII'D NO. 5 Q-- b. There is no adjacent property the applicant could acquire to enlarge the lot. C. There are numerous similarly sized lots with houses in the immediate vicinity of this property. d. The proposed residence is modest in size. Structural lot coverage would be 11 percent when 15 percent is allowed. e. This variance has been approved several times previously. 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 variances 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the Owners; 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required, subject to the following conditions: 1. Council approval is based on the site, grading/drainage, and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B and C. Any amendments to these plans may Page 2 of 4 O 4 ti C ITY of ORONO RESOLUTION OF THE SIj,Y��jj � NCIL � `gkES80 NO. require further Planning Commission and City Council review. 2. The driveway shall be paved. 3. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 4. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before October 26, 2010 or the variance will expire on that date. 5. 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. 6. The undersigned Owners have read, understood and hereby agree to the terms of this resolution and on behalf of their 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 this 26th day of October, 2009. ATTEST: g 14 r,. s ¢; T.itid '.VY clerk Oe M. White, Mayor R hA 41�dJ�M1�G+}ro4 F1W 1WT�t Page 3 of 4 o,�,. 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL 0 NO. Mark Jame uller Stacey Michelle Na aya faren ynn F o STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowle before me this J� day of V'ehtZ(3401 , y �BAR G.SILUS NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2013 . l�U'VI/ x Notary Public STATE OF G / �✓ COUNTY OF Onalu�u ZbCb This instrument was acknowledged before me this .Z PP day of 2099-by Stacey Michelle Nakaya. �% ��✓ T "'•,� NOTARY PUBLIC p (#otary Public ��,, ,�• ' �; STATE OF MINNESOTAOF '•�;�� y�v •` COUNTY OF HENNEPINfill , This instrument was acknowledged before me this, day of , 2009 by Karen Lynn Feyo. MONICA A.FADNESS NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2012 Page 4 of 4 Date of Doc: .10 p #Pages: Name of Notary: C1a1�0 M•1�( 7-aW ul i Notes: d Doc. Description: AlSo" a q/liQ�YLGe. �12c(v► C( Z4Nlt %011111 fill.,* WnIllor NOTARY. • > . PUBLIC lk& ( _ = Nota Signature Date 1� ,4% First Circuit,State of Hawaii �i`��q� % iOF sit, NOTARY CERTIFICATION EXHIBIT A RESOLUTION NO. 8 7 4 f� CERTIFICATE OF SURVEY KURTHH 4U"ETETFFERSONWON WC. FOTO TIM'B a H FGtiO IMEAsuREwmrs vow IN FEET APA OECILMLS OF A FOGN 4Oa2 RPM MH ki 1 HEREBY CERTIFY THAT THIS 9NIYET,PLAN OR REPORT THIS IS NOT A BOUNDARY SURVEY ' NI 1TR71. TNIRPY � WAS PREPARED BY NE- A W Mp�RELT SUPERYI SIN! PROPOSED AND THAT IAN A Duly NSED LAI°sux YEYDR uoER 0 20 GRADES - MAI 2.9,7--1 DATE 5 6 6 OBOBO¢O 2' _ o. IRON MONIAffM A Randy L. Kurth, L.L.S. No. 20270 SCALE IN FEET /� q-13,y :EAR INOR SPIKE g �} CR•OAMOE ane- gYyys•sC'o Russell J. Kurlh. L.L.S. No. IBI II TOP OF BLOCK 9'75-> �"� PROPOSED ELEVATION BASEMENT FLOOR•CIO.5 F-- DRAINAGE ARROV ToT4l t_•�T A2@Lt= 701(D00t',Q.F't. -o�rA� HACo wvr"F�= S,�SoiS�.cT. cP)\`PwTrelAa�Y¢¢TnEHT CM Js mWA'sUaGPYENT AS YOT4l. Ir'1PERV10 U'j= �[{,1`�0 �-• ON,SJRdQM b-4 6� n73-,5' / � GASZtCL_ LlvrO (r So¢VG Yo2S Ct994� \ St osrgCMT gTIpN BgSIN b° c 9Q.p coxm�R o —S—:Stl_T FFcNCG I ` � f I � is � � 1 I c `, I f o 1 w ��sf or y f 1 N9r Ts�m r I I I r 1 Ft3' t� 1 r � 5 \' 978 ` ( sZZo N Q�'SCS' OS"W — ——12E�•oO z 3 L`C�,la� \7i_SCR\PT\�tJ t-kcNr•LC41N CnuK71-1, Mn• EXHIBIT BRESOLUTION NO. J S 7 4 CC �/� y�►�s�.�K�'f 154 .,_ ��`� ��. �.� �� Q•l �y- .��-+Z S�t�T F�e1�tCC .• - - _ f ks io ol roll 1 \. � � y l � t►�r�• ��, ?' \�� fir` �' I t5 q�a t-j ��—V 1 a► T1 I v'�rJ ri � 7 t v 1 � l � � i �it► , fivrtr6L 6 1� ` � �` �� 16 r dao IN �_ EXHIBIT B-2, RESOLUTION NO. 5 0 7 '4 i RAIN GMWEN WORKSHEET 1)Slope: 1) EieightofstriogCmitrohes) : 100 Z DL%tm�between stakes(m ) 1 % 2)Reim gardw dep*: 2) From Chart on page 5 ia. 3)1$omefootprinu 3) Lengfit ofhouse x width ofhouse v2 p sq.IL 4)Number of downspouts: 4) - --- - - Total number ofdownspouts on home 5)Roof area draining to garden: 5) (Liao 3+Line 4) x number of downspouts sq. &=ted tothe rrdn garden 6)Lawn arta(if mare than 30 ft from dawnspout 6) Length ofupblll lawn am x width ofupbnl lawn a= sq. 7)Total d reimage arca: 7) Line 5+fie 6 ,SQ D D sq.ft, S)Son type: g) Enter sandy,silty or clayey fmm results m page 7 5 i 17� 9)Rain garden sire faetar: 9) Results fromtable I ortable-1 on page 8 8 G i 10)Rain garden size: 10) Line 7 X Line 9 100 sq,tt. Lines 2 and 1 D give you fire dimensions of yourrain garden.This is based on captruurg l00%of the nmofE lfyou do=wishto build a rain garden of this size,a smaller min gardmwill still help corrbol nmoffand fiherpollvtarm. EXHIBIT BRESOLUTION NO. " 8 ! L Feyo Raingarden Planting schedule Name Number Spiderwort 32 Blue Lobelia 14 Blue Flag Iris 24 Culver's Root 10 New Engbnd Aster 14 Prairie Blamrg Star 16 EXHIBIT C RESOLUTION NO. J 87 ,- - • art; a ' �� Hata i • �� ' AIS, EXHIBIT C--2 RESOLUTION NO. 8 7 zi,• C'a y j /r t � t 1 _�� t 1 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 October 26, 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 2nd day of November , 2009. City Clerk (seal)