HomeMy WebLinkAboutResolution 7213 LAND TYPE Torrens (T)
DOC NUM 5871725
Certified, filed and/or recorded on
Aug 27, 2021 11:22 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 2305032E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
642081
This cover sheet is now a permanent part of the recorded document.
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� �; No. 72 1 3
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 and 78-1680
FILE NO.LA21-000047
WHEREAS, on June 22,2021, Mark Matasovsky with MATCOM on behalf of Temple
Israel, the Owner of the property, (hereinafter the "Applicants"), applied for variance from the City
Code for Camp TEKO located on the property addressed 645 Tonkawa Road and legally described
as:
Lot 12; Lot 11, except the Southeasterly 20 feet thereof, Auditor's Subdivision No.
207, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow an 87 square foot footprint
expansion and a 2.6 foot height expansion for a portion of an existing building (hereinafter the
"Boat Building") within the 75-foot setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow reorientation of the seasonal
boardwalk and a footprint expansion of the Boat Building resulting in 1593 square feet of
hardcover in this location within the 75-foot setback where 1599.5 square feet currently exists;
and
WHEREAS, on July 19, 2021, 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 July 19, 2021, the Planning Commission recommended approval
of the requested hardcover variance but recommended denial of the variances allowing the
expansions of the Boat Building; and
WHEREAS, on August 9, 2021, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
WHEREAS, on August 9, 2021, the City Council directed the Applicants to provide
a revised hardcover reduction plan for their consideration; and
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-,,L-OAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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WHEREAS, on August 23, 2021, the City Council reviewed the Applicants' revised
proposal; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as amended and 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 #LA21-000047. 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.
2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District.
3. Camp TEKO is an existing use operating under an existing Conditional Use Permit for not
for profit camps within the LR-1B District since 1965.
4. The Property is owned by Temple Israel and Camp TEKO is accredited by the American
Camp Association.
5. The Property contains 17.98 acres in area and has a defined lot width of approximately
1500 feet at the OHWL and 75-foot setback.
6. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
7. The Property has approximately 15% hardcover.
8. The Applicants are working toward their goal of making improvements to better adapt the
Property for individuals with disabilities.
9. Applicant has applied for the following variances:
a. Hardcover within 75-foot Setback Variance
b. Building Setback within 75-foot Lake Setback
10. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health, safety and welfare of the community, existing and anticipated traffic
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RESOLUTION OF THE CITY COUNCIL
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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 proposed variances take into consideration storm
water, drainage, safety, protection of sensitive areas, as well as access and mobility
options for all of the camp users. The use for a camp on this size Property follows the
general intent of the ordinance. The intent for the proposed improvements is to increase
accessibility for camp patrons and employees with disabilities and is in harmony with the
intent of the ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." Similar to Orono's 2040 Comprehensive Plan, Camp TEKO's
design philosophies include maintaining the natural character of the site, minimizing
impacts such as hardcover, grading, tree removal, and the control of storm water runoff
to Lake Minnetonka. Their accessibility needs cannot be met without the proposed
hardcover changes and building improvements.
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 Property is zoned LR-1B, one-family lakeshore residential district; the 18 acre
camp is an existing conditional use within this District. This District is intended for
a combination of medium-residential developments and limited agricultural activity
that should not endanger the quality of runoff into Lake Minnetonka. Additionally,
this Property also falls within the Shoreland Overlay District. The current use of the
Property allows for preservation of open space and is reasonable for the size and
location of the property.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Property has approximately 1,500 lineal feet of shoreline on Lake Minnetonka.
The site topography and beach characteristics make access to the lake
challenging for individuals with mobility disabilities. The proposed improvements
allow greater opportunity for accessibility for all users;
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\OAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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c. The variance, if granted, will not alter the essential character of the locality."
Camp TEKO has been part of the Orono community for over 50 years. Camp TEKO
can be described as a longstanding piece of the City's rural character. The 2019
master plan elements are intended to improve on that character. In addition, most of
the proposed development is screened by existing vegetation from the lake and
surrounding areas. The improvements will not alter the character of the area.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
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 a summer camp is an existing, allowed
conditional use in the LR-1B 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 Property has many unique features such
as wetlands, steep slopes, bluffs, and a unique lineal shoreline which is different from
the neighboring residential properties. Because of the Property's use, many of natural
features will be preserved and protected. There are a variety of rules and regulations in
place for protection and preservation which may not be in line with all uses.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The Property's historical use as a camp and its unique natural features
including wetlands, steep slopes, bluffs, and the natural shoreline make it unique in
comparison to the neighboring residential properties. The 18 acre camp is unique within
the zoning district and within the City. The challenges with respect to inclusion and
accessibility due to the bluff, steep slopes, and beach characteristics are unique to the
Property.
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-ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The Property is located in a residential district
but has operated historically as a seasonal camp for children of all abilities. Each specific
variance request is necessary for the preservation and enjoyment of all campers as has
been described above.
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 use of the
Property, along with all other proposed elements in the Camp TEKO Master Plan, are
intended to improve the health, safety, comfort, and morals of all users compared to the
camp as it currently exists.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The Applicants have requested the
variances necessary to support and improve accessibility and their camp use with minimal
impact to the surrounding area.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances from Orono Municipal Zoning Code Section 78-1279 to allow an 87 square foot
footprint expansion and a 2.6 foot height expansion for a portion of the Boat Building within the
75-foot setback; and Section 78-1680 to allow reorientation of the seasonal boardwalk and a
footprint expansion of the Boat Building resulting in 1593 square feet of hardcover in this location
within the 75-foot setback where 1599.5 square feet currently exists, subject to the following
conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan and building plans dated 08/18/2021
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & B.
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 building permit must be
obtained within one year of the date of Council approval, or the variance will expire on that
date (23 August 2022).
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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.
ADOPTED by the Orono City Council on this 23rd day of August 2021.
ATTEST: CITY OF ORONO:
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Anna Carlson, City Clerk Dennis Walsh, Mayor
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Certificate of Title
Certificate Number: 642081
Transfer from: 409438
Originally registered November 1, 1930 Volume: 152, Certificate No: 48668, District Court No: 3719
State of Minnesota
County of Hennepin } S.S. Registration
This is to certify that
Temple Israel of Minneapolis a Minnesota non-profit corporation , whose address is 2324 Emerson Avenue South,
Minneapolis, Minnesota
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
Lot 12;
Lot 11 except the Southeasterly 20 feet thereof, Auditor's Subdivision No. 207, Hennepin County, Minn.
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens,claims,or rights arising under the laws or the Constitution of the United States,which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title;
3. Any lease for a period not exceeding three years,when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document Date of Filing
Number Document Type Month Day, Year Time Amount Running in Favor Of
Resolution No.3124
T2389079 Resolution Jun 23, 1993 9:00 AM By the City Council of the City of Orono. Granting a conditional use
permit. (See Inst)
By the City Council of the City of Orono.Granting a conditional use
T3373965 Resolution Apr 2,2001 3:00 PM permit.
Resolution No.4565(See Inst)
Resolution No.4867
T3677446 Resolution Feb 5,2003 1:00 PM By the City Council of the City of Orono.
Granting a conditional use permit(See lnst)
T3689382 Declaration Feb 25,2003 4:30 PM Creating covenants,restrictions easements,charges and liens
T3713359 Mechanic's Lien Apr 3,2003 10:00 AM $551.68 Anchor Block Company,(a MN corp)
Date of Last Item: Jan.9,2003
T4267818 Highway Plat Jun 6,2006 2:00 PM Hennepin County State Aid Highway No. 135, Plat 90. As directed by
Resolution Doc. No.979240.
Resolution No 5472.
T4275466 Resolution Jun 26,2006 4:00 PM By the City Council of the City of Orono.
Granting a Variance(See Inst)
T5315452 Agreement Dec 23,2015 2:45 PM Between Temple Israel Of Minneapolis(a MN nonprofit corp)and
BMO Harris Bank N.A.
Certificate Number: 642081 This is a non-certified copy Page 1 of 2
•
Memorials
Document Date of Filing
Number Document Type Month Day,Year Time Amount Running in Favor Of
T5535545 Partial Release Jun 5,2018 9:26 AM Releases[above land,unit(s)or legal description]from Agreement
document no(s)5315452
Resolution No.7003
T5634005 Conditional Use Permit Aug 6,2019 3:36 PM By the Orono City Planning Commission/Board of Zoning Appeals of
the County of Hennepin).
Granting a conditional use permit.
Indexes Verified through 7/26/2021 o��
,N% In Witness Whereof, I have hereunto subscribed my name and
A" ® affixed the seal of my office this 18th day of November, 1983.
•.... ►? R Dan Carlson
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
Certificate Number: 642081 This is a non-certified copy Page 2 of 2