HomeMy WebLinkAboutResolution 7314Existing Certs
1451387
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LAND TYPE Torrens (T)
DOC NUM 5999774
Certified, filed and/or recorded on
Feb 16, 2023 4:01 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 170 Pkg ID 2538770E
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
No. 7314
A RESOLUTION
GRANTING AN EXTENSION OF THE VARIANCES
AND CONDITIONAL USE PERMITS ESTABLISHED
PER RESOLUTION NO. 7150
FILE NO. LA22-000061
(ORIGINAL FILE NO. LA20-000022)
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted land development regulations for the orderly, economic and safe development of land within
the City; and
WHEREAS, on March 13, 2020 the City Council of Orono, Minnesota
adopted Resolution No. 7150 granted to William F. Wanner Jr. and Kathleen A. Wanner (hereinafter
the "Owners") for property 1095 Ferndale Road West and legally described as:
All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying
Southeasterly of the Southeasterly lines of Registered Land Survey No. 441
and Registered Land Survey No. 902, and lying Northwesterly of the
Northwesterly line of Registered Land Survey No. 1372, Hennepin County,
Minnesota;
Subject to perpetual easements for sanitary sewer purposes in favor of the City
of Orono over that part of the above land as specifically described in Hennepin
County Recorder Document No. 4608875 and in Hennepin County Recorder
Document No. 4608876;
Per Certificate of Title Number 1120830 (hereinafter the "Property");
WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-918,
the Owners received a one-year administrative extension of the approvals granted under
Resolution No. 7150 expiring on December 7, 2022; and
WHEREAS, on November 9, 2022, pursuant to Orono Municipal Zoning Code
Sections 78-129 and 78-918, the Owners have requested a second extension of the following
approvals granted under Resolution No. 7150 for Property;
• A variance from Orono Municipal Zoning Code Section 78-305 to allow redevelopment of
a property with 1.27 acres in area and 180 feet of width where 2.0 acres and 200 feet of
width are required; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 73 1 4
• A variance from Code Section 78-1279 and 78-1680 to allow 530 square feet of hardcover
consisting of building and structure within the 75 -foot setback from the OHWL of Lake
Minnetonka where no hardcover is permitted; and
• A conditional use permit pursuant to Zoning Code Section 78-1437 to allow plumbing
consisting of a full bathroom including bathtub and/or shower within an accessory building;
and
• A conditional use permit pursuant to Zoning Code Sections 78-1118, 78-1125, and 78-
1126 to permit filling within the floodplain and grading on the property to mitigate the fill
material in order to develop the property and elevate the home above the RFPE; and
WHEREAS, the City Council has considered the application by the Applicant for
an extension of the approvals granted under Resolution No. 7150 for development of the Property;
and
WHEREAS, the Owners were not able to commence construction within the
allotted one-year established by Resolution No. 7150 nor the one year administrative extension;
and
WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-
918, the Owners have made a request for an extension of the approvals granted in Resolution
No. 7150.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono
does hereby grant an extension to December 7, 2023 of the approvals granted under Resolution
No. 7150, subject to the following conditions:
1. Authorities granted by this resolution run with the Property not with the Owners, but are
permissive only and must be exercised by obtaining building permits and/or land alteration
permit by December 7, 2023 or the approvals will expire on that date.
2. All other findings, conclusions, and conditions of Resolution No. 7150 shall remain in
effect.
3. Violation of or non-compliance with any of the terms and conditions of the conditional use
permit approval and site plan approval shall constitute a violation of the zoning code, shall
automatically terminate any authority granted herein, and shall be punishable as a
misdemeanor.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7314
ADOPTED by the Orono City Council on the 28th day of November, 2022.
ATTEST:
nna Carlson, City Clerk
CITY OF ORONO:
Dennis Walsh, Mayor