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Home My WebLink About#5687 - variance for retaining wall , , � lV �� Doc No 4458951 01/04/2008 11:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 365453 Deputy 40 Newcert Cert Fees 1207154 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total , . /�7 ��`f A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-571 AND 78-573(1) FILE NO. 07-3323 '� t-� �� O � O �� , � z�� CITY of ORONO � '� �„ ._� °'' �;, _'a; ti RESOLUTION OF THE CITY COUNCIL ��`�kESI3�4��'G NO. '� � � � A RESOLUTION GRAl�'TING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-571 AND 78-573(1) FILE NO. 07-3323 «�HEREAS, Judson Champlin and Ale��a Champlin, husband and v�-ife, (hereinafter "Owners") are the owners of the property located at 210 Big Island within the City of Orono (hereinafter "City") and legally described as: Lots 21 to 24 inclusive, that part of Bay Place vacated lying East of the Easterly lines of Lots 21, 22, 23, .And East of a line drawn from the Southeasterly corner of Lot 21 to the Northeasterly corner of Lot 20 and lying North of a line erected perpendicular to the last described line at a point thereon 15 feet Southerly from the Southeasterly corner of Lot 21 and extending to the shore of Lake Minnetonka, all in Morse Island Park Hennepin County, Minnesota (hereinafter "the Property"); and �'�'HEREAS, Structures Unlimited has made application on behalf of the Owners to the City for a variance to Municipa] Zoning Code Section 78-571 to allow a retaining wall within the 0 to 75 foot zone where no hardcover is allowed; and WHEREAS, Structures Unlimited has made application on behalf of the Owners to the City for a Variance to Municipal Zoning Code Section 78-566(13) to allow a retaining v��all over 42 inches tall; and «'HEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaru�ing Codes, the Orono Plannin; Commission held a public hearing on October 15, 2007, at which times all persons desiring to be heard concerning this application were given the opportwlity to speak thereon. NO«�, THEREFORE, BE IT RESOL�'ED by the City Council of Orono, Minnesota: FINDINGS l. This application was reeiewed as Zoning File �07-3323. 2. The Property is located in the RS zoning district, where 5 acres is the minimum lot area and 200 feet is the miniinum ]ot ��idth. The Property is approximately Page 1 of 4 � o� o �,� o �, : � CITY of ORONO � �� ,� � '' ��'� G'�' RESOLUTION OF THE CITY COUNCIL �<9 �4��' NO. ��' � � T kESB� 1.02 acres in area and 196 feet in width. 3. The Planning Commission revie��ved this application on October 15, 2007 and on a vote of 6 - 0 recommended approval of the variances, based on the following findings: a. The height of the retaining wall is necessary because of grading done to create a level area for the new septic system. Installation of this system was required by the City. The height of the wall could be reduced but would require m-ading and removal of additional trees. A substantial number of trees were removed to install the septic system. b. The portion of the retaining wall that is over 42 inches higl� will not be visible from the lake. c. The retaining wall within the 0 to 75 foot zone is necessary to convey drainage around the cabin and provide positive drainage for the cabin. The alternative would be removal of more trees and more regarding. d. There is 30 square foot lakeside deck that can be removed so there will be no increase in hardcover within the 0 to 75 foot zone. 4. The City Council has considered this application including the findings and recommendation of tl�e Planning Commission, reports by City staff, cominents 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 g�-anting the variances would not adversely affect light, air nar pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners but are necessary to alle��iate a demonstrable hardship or difficulty; is necessary to preserve a substantial property rigllt of the Owners; and would be in keepi»g with the spirit and intent of the Zonin� Code and Comprel�ensive Plan of the City. Page 2 of 4 � O � O � o '$ � - C ITY of ORONO �� ,��. �, �' ��'' �' RESOLUTION OF THE CITY COUNCIL �� ,� � . �kESYi�4 NO. _ � � � CONCLUSIONS, ORDER AND CO�'DITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-571 and 78-566(13) to allow construction of a retaining wall subject to the following conditions: 1. Council approval is based on the site plan submitted by the Owners and amlotated by City staff, attached to this Resolution as Exhibit A. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 1,132 s.f. or 5.60% per the proposed site plan and hardcover allowance summary as depicted on the site plan. This amount shall be subtracted from the hardcover allow�ance for the 7�- 250 foot zone. The owners are advised that any future requests to increase hardcover or change the nature of existin�/approved hardcover shall require City approval, and increases in hardcover will not likely be appr-oved v��ithout concurrent reduction in existing hardcover. 3. Authorities granted by this resolution run with the Property not with the owners, but are pernzissive only and must be exercised by obtaining a buildin� permit for the wall before November 13, 2008 or the ��ariance will expire on that date. 4. Violation of or non-compliance with any of the teims and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tern�inate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Owners have read, understand and hereby agree to the tenns 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 Counci] on this 13th day of November, 2007. Page 3 of 4 � o� o �� o ��. CITY of ORONO � � � �, ,� ; ° 1;� ti �' 1 " '�'� �' RESOLUTION OF THE CITY COUNCIL . G t9kES�I�� NO. �� !, �7 ATTEST: � ti.��'-� ,l�'. (/��'-.Fi � ,�r y�� y1? � L-c��.r:� Linda S. Vee, City.C�erk,� �Ja1n 1VI. White, Mayor . --"7 �" 1�.�� , _. ,:_._ .- ��,,- - , Judson Champlin eya C amplin STATE OF MINNESOTA COUNTY OF HENNEPIN 6 ,�_, This instrument was acknov,�ledged before me this ��day of �_�:��.('__� �'Z 7,��C;� 2007 by Judson Champlin, husband of Aleya Champlin. � � �_ti-��_��:�=��-� �tACHEL DODGE `� . J J,�,, ,. � � �'�;� tiOTARY P�BEYCrPc%I aNESOT�iJ � �.0 __ _, � �u� � i� � � �._ _�-�' t�� , ' -._, � >�.m --::�f ��-.�.�^-.��__,. I�Totary Public STATE OF MINNESOTA COUNTY OF HENNEPII�� Tl1is instrument was acknowledged before me this � day of �eC'�%n�>, 2007 by Aleya Champlin, wife of Judson Champlin. :;-r✓�^'_.�'�1.��.a�;��<�:�z' � t� ��:'� 1 ,��,�� BARBARA G. SILUS �� My Go m s�BExpires��a'JESO CA � Q.l-Q' %��..��-r•:�,-•?��.��.<d<?'+�'� _ Notary Publi Page 4 of 4 y � 87 ZONING FILE NO. 07-33?3 EaHIBIT A RESOLtiT10N NO. 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X, . . � . -' y"_:11 ' . ��.. .. . . �. r F. . . .�1, L�... ='FL �F _ . ass --- - _ � � €� ` F� �e ^�< t« J _ t 1 <�}i- y +�, fi. � ��_L� ryv ors � _ �S od� +t- � � _'' �.ti��` .. ,? 2ae .. .. . .._a. - t � " .� �`CE -�c � . � � - .si, _.� ?'i.�. - ___ - - ,, -' �. �, -.. rre � � � �� . . -�."'__�____'_ � ll G. ��- •e_':' �- t � "�n ' . 1 ', d ¢ c, � ,� � � N { ^I 19 �'.`Y. �+ ppC i 6 N L �J / N �,��.. �P ' / . Z 6 �I� � �V � � � � � v. � �'J�{ � �. • � � � � > e, ,:G .✓ . � . _ �-i � S'ce, i��: - _ � . J � �� -�Y �..L.F�_ �a. 9`-'� ' �:: _- � O�' r� < <v = N � ar`- �V �� `� , _ __ o` F€ ^ , p. . . €'. o cs",•,� � z; � o / ��.. ... � z ,,� ��; � n �. � �. l" '.. � (n'�',._ a, „�JC• , � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of tl�e City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 13, 2007, 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 14th day of November , 2007. G�� "- `��- City Clerk (seal)