HomeMy WebLinkAboutResolution 3264CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 z V of
A RESOLUTION GRANTING VARIANCES TO
?`MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8,
10.22, SUBDIVISION 1(B) AND 10.31 SUBDIVISION 11(A) AND
A CONDITIONAL USE PERNMIT PER SECTION 10.55, SUBDIVISION 10
FILES #1781/1782
WHEREAS, David R. Carlson (hereinafter "the applicant") is owner of the
property located at 620 Big Island within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 1, Block 1, Island Pointe. Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, the applicant has made application to the City of Orono to permit
the construction of a seasonal dwelling that will be located 90' in front of the average Lakeshore
setback line where Section 10.22, Subd. 1(B) would allow no encroachment, seasonal dwelling
will be placed within the flood plain of Lake Minnetonka; per Section 10.55, Subd. 8 would
allow no construction within the flood plain and the foundation of the seasonal dwelling shall
consist of merely frost -depth footings; per Section 10.31, Subd. I l (a) would require a permanent
frost -depth foundation of either solid masonry or treated wood that would enclose entire
perimeter of structure. Applicant has applied for a conditional use permit per Section 10.55,
Subd. 10 to install a seasonal dwelling within the flood plain where only approved structures are
allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
FL`WNGS
This application was reviewed under Zoning Files #1781/1782.
The property is located in the RS. Seasonal Recreational District requiring 5 acres
in area. Per Section 10.31, Subd. 2(A) the property was approved for lot area
variances per Resolution #1998 at the time of the creation of the RS District.
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
^ f,
NO. ` , V
A RESOLUTION GRANTING VARIANCES TO
MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8,
10.22, SUBDIVISION 1(B) AND 10.31 SUBDIVISION 11(A) AND
A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10
FILES +1781/1782
WHEREAS, David R. Carlson (hereinafter "the applicant") is owner of the
property located at 620 Big Island within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 1, Block 1, Island Poince, Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, the applicant has made application to the City of Orono to permit
the construction of a seasonal dwelling that will be located 90' in front of the average lakeshore
setback line where Section 10.22, Subd. 1(B) would allow no encroachment, seasonal dwelling
will be placed within the flood plain of Lake Minnetonka; per Section 10.55, Subd. 8 would
allow no construction within the flood plain and the foundation of the seasonal dwelling shall
consist of merely frost -depth footings; per Section 10.31, Subd. I I (a) would require a permanent
frost -depth foundation of either solid masonry or treated wood that would enclose entire
perimeter of structure. Applicant has applied for a conditional use permit per Section 10.55,
Subd. 10 to install a seasonal dwelling within the flood plain where only approved structures are
allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed under Zoning Files #1781/1782.
The property is located in the RS. Seasonal Recreational District requiring 5 acres
in area. Per Section 10.31, Subd. 2(A) We property was approved for lot area
variances per Resolution #1998 at the time of the creation of the RS District.
Page 1 olf 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. The Orono Planning Commission reviewed this application on November 16,
1992, and recommended approval of the proposed variances as set forth above;
and per Section 10.55, Subd. 10 approved a conditional use pennit for the
construction of a seasonal dwelling within the flood plain of Lake Minnetonka
based on the following findings:
A. The property is located on a peninsula. The former seasonal dwelling on
the property was located within 40' of the lake and a 100'+ in front of
the average lakeshore setback.
B. The seasonal dwelling will be located 75' from the lakeshore and will
meet the 30' interior lot line setback.
C. The property will be served by an approved on-site septic system to be
located above the 931.5 or flood plain elevation of Lake Minnetonka.
D. Proposed hardcover for comprehensive improvement of the property will
result in 16.21 % hardcover where 25 o is allowed in the 75-250' setback
area.
E. The Iviinnehaha Creek Watershed District will not require compensatory
excavations for the frost depth footings as long as the structure is so
designed to allow water to flow freely beneath it.
4. 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 variance 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial property
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use permit to allow the
construction of a seasonal dwelling on Big Island within the flood plain of Lake
Minnetonka will not be detrimental to the health, safety or general welfare of the
Page 2 of 6
CITY of ORONO
RESOLLTION OF THE CITY COUNCIL
NO. '
public, would not adversely affect light, air no pose a fire hazard or other danger
to neighboring properties, nor will it depreciate surrounding property values and
that the proposed level of use of the propetr; will be in keeping with tate intent
and objectives of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections 10.22, Subdivision 1(B); 10.31, Subd.
I I(A); and 10.55, Subd. 8 and per Section 10.55, Subd. 10 grants a conditional use permit to
allow the construction of a seasonal dwelling withi,r the flood plain of Lake Minnetonka to be
located 90' in front of the average 1 keshore setback line and said structure's foundation will
consist of frost -depth footings to allow water to flow beneath structure, subject to the following
conditions:
1. The seasonal cabin shall be limited to 2 -bedrooms as septic system serving
dwelling will be shared with adjacent property, Lot 2, Island Pointe. The shared
septic system has been designed at a 4 -bedroom use. Both properties shall be
limited to 2 -bedroom seasonal dwellings.
2. Upon application for a building permit, applicant must provide the following:
a. Foundation design by either a certified architect or engineer.
b. Permit from the Minnehaha Creek WatersH d District.
C. Topographic detail confirming elevation of first habitat floor at a
minimum 932.5 elevation.
d. Drainage plan to include erosion controls. Such measures must be in
place during the construction.
3. All building construction shall be subject to all pertinent standards set forth in
Section 10.31, Subd. 11 of the RS District.
4. Authorities granted by this resolution run wi.h the property not with the owner.
Page 3 of 6
�01* O CITY of ORONO
a O
RESOLUTION OF THE CITY COUNCIL
NO. ''� .
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (April 12, 1994).
S. 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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 12th day of April, 1993.
A
Dorothy H lin, City Clerk
Property Owner(s)
Edward J. Callahan, Jr., Mayor'/
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,..,e a. a—
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. =�
The foregoing instrument was acknowledged before me on this 12th day of April,
1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
FOIE A. KWZMAX
� TWV " INp -�
Wy cowj ='cr opum •tsar
Page 5 of 6
Notary Public
My Commission Expires
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
C' i '" !-', l�
NO. 2
On this 4-A day of �,e_ .199 '1 before me a Notary
Public within and for said county, personall, ppearen
�. known to me to be the person(s) descnbed in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
y f.
NOT W PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary
Public within and for said county, personally appeared _
known to me to be the person(s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NOTARY PUBLIC
Page 6 of 6