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Home My WebLink AboutRes 7213Existing Certs 642081 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 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 2 1 3 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 -1 B 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 -1 B 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. l 2 1 3 conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: "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 -1 B, 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; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO - 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 -1 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 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL, NO. 7213 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). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 72 13 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 231 day of August 2021. ATTEST: �J'-'Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor Resol. No. 7213 Exhibit A LA21-000047 tb 3 t ' a � i { 3 1 y I � � � •\ a 'E II I 1� . X5111, L __�• ?$ s: ppqq p $g gg € gas r b I UP TT 'CAMP TEKO BOAT BEACH EXISTINGtits�1URBAN 645 TONKAWARD, LONG VS. PROPOSED ��i E{!s r�.5 O LAKE, MN 55356 1 LANDSCAVE ARCHITECTS a r M �0s m �C m CO)m -� m m _ O r Cn N m � T r 9 FA, D C) O CA) Resol. No. 7213 Exhibit A I I Jill I '' I I I � III IIII 1 1 ' II 1 1 IL LA21-000047 � I III I I (IIII IIII � _ mI -- IIII Jill I\\l- - - - - - -- 00 �lIt/ \ It /llI It It 1111 111 /, N'," I / nj / l I l It -n I m I I I I I l l I l I I I I / l /IIII y / I I III 11 11 I l l/ I �l l Il l I llll l // I �I IIII I I I I/Il l // It �I I I ! j /III I w//v/ Illl�ii 0 �m y N r1 CD lJ C r ^^Z U! n n Cn D I r O N wW ,m C) II = O z D n m cn cn co r- 0 m cn z -On r- 0 O m z O a O cn m 0 r- 0 O z I w r � cn y 00°N -4cn - w nm N za I N_ i N s 16'-0" 8'-8" 0'-10" 6'-2" D D D D n -0m �m = p m cn cn m cn z LD Daao OE cz00 zm 3'-0" ( mem =m m) m G)� J 1'-6" I cn (03 N r- — / a) D / if) 0 16'-0" rn 0 Resol. No. 7213 16'- 10" j`— Exhibit B LA21-000047 z X co Z 0Z ZZ z �Z z D DD D D D -0tmn °-'. 0 mai m eco �cmn �W cn *n Oto � Acn �n FO �r > FuOrr co c)r m 0r- z Er - :1 m _0 mm =m L7 Am cnm i I w r � cn y 00°N -4cn - w nm N za I N_ i N s 16'-0" 8'-8" 0'-10" 6'-2" D D D D n -0m �m = p m cn cn m cn z LD Daao OE cz00 zm 3'-0" ( mem =m m) m G)� J 1'-6" I cn (03 N r- — / a) D / if) 0 16'-0" rn 0 C W W rtt= s o 0z v a w00 M zFy o Ap N X z K g D Z Z R 6 0 Y/ m O cn z � g 6 ! G o 3 S a zFy o G o 3 S a 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 Inst) 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 A5�'-�-'-Ru nOFj� In Witness Whereof, I have hereunto subscribed my name and * affixed the seal of my office this 18th day of November, 1983. •'••....... R Dan Carlson ep'" Ou, 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