HomeMy WebLinkAboutResolution 3436CITY of ORONO
RESOLUTION OF THF :'CrY COUNCIL
NO. `� 4 3 s
A RESOLUTION GRAIN7MG
A VARIANCE TO SECTION 10.55, SUBDIVISION 8 AND
A CONDITIONAL USE PERINUT
PER i ,WNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE NO. 1904
WHEREAS, Eric and She!l%. Liljequist (hereinafter the "applicants") are the
owners of the propertylocated at 3190 Birch Lane within the City of Orono (hereinafter "City")
and lezilly described as:
Lot '_. Block 1. Baidur Park. Hennepin County, Minnesota (hereinafter
.property"). and
WHEREAS, the applicants have applied to the City for a variance to Section
10.55. Subdivision 8 to permit reconstruction of a permanent residence within the flood plain
of Lake Minnetonka and a conditional use permit per Section 10.03. Subdivision 19 as the
construction within the flood plain requires the excavation of compensator mitigation area on
the prupert% .
Minnesota:
.,IOW, THEREFORE. BE IT Rh:SOLVED by the Cite Council of Orono.
FINDINGS
This application was reviewed as Zoning File r 1904
2. The property is locateO in the LR -1B Lakeshore Residential Zoning District
requiring 21.780 s.f. or one-half acre area. The property consists of 13.893
s. f. or .32 acres.
on
3. The Planning Commission reviewed of thesproposedr condntional use permit and
May 16. 1994 and
recommended unanimous approval
variance based on the following unique findings and hardships:
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0 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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a. The proposed improvements will not increase the runoff on the property.
b. Positive drainage will be maintained on the property.
C. A permanent residence has existed on the property for over 50 years.
d. The footprint of the new residence will not exceed that of the former
residence.
e. Hardcover within the 75-250' setback area is proposed at 21.9`'c as a
result of these improvements.
4. The 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 ¢ranting
the vat,,: would not adversely affect traffic conditions, light, air nor pose a
fire hazard or outer danger to neighboring properties. would not merely serve as
it convenience to the applicant, but is necessan• in alleviate a demonstrable
hardship or difficulty. is necessary to preserve a substantial pruperty right of the
applicant, and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Pian of the Cite.
5. The City Council finds that granting a conditional use permit to allow additional
excavations to provide mitigation area for the filling of the flood plain of Lake
Minnetonka will not be detrimental to the health, safety or general welfare of the
public, would not adversely affect light, air nor pose a fit_ azard or other danger
to neighboring properties. nor will it depreciate surrounding propem' values and
that the proposed level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the City.
6. The Cit• Council has considered this application including the findings and
recom--'enda,ions of the Planning Commission, reports M' Cit staff, comments
by the applicants and other parties and the effect of the proposed variance on the
health, safety and welfare of the community.
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or 04� CITY of ORONO
O �� O RESOLUTION OF THE CITY COUNCIL
�� NO. 3430
CONCLUSIONS. ORDER AND CO\'DITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a
conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the
reconstruction of a new residence structure to be located completely within the flood plain of
Lake Minnetonka and to allow compensatory mitigation for the filling of the flood plain, subject
to the following conditions:
Applicant's residence shall be designed so that the first habitable floor of
residence is installed at the 933.5 MSL.
Upon application for a building permit, applicant shall provide a grading and
drainage plan that will include compensator, excavations for the filling of the
flood plain and other necessary land alterations to ensure positive drainage is
maintained on property. The grading and drainage plan shall be reviewed by the
Cin• Engineer who shall also be responsible for making on-site inspections to
confirm drainage plan is satisfactor .
Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or the special
conditions of this resolution will expire on that date (June 13. 1995).
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.
The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns.
hereby agree to the recording of this resolution in the chain of title of the
propem .
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CITY of ORONO
O O
RESOLUTION OF THE CITY COUNCIL
NO. 3 dr�
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Adopted by the Orono City Council at a regular meeting held on this 13th day of
June, 1994.
ATTEST:
;rcolhXy*Mal—lin, City Clerk
Property Owners)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
EdwaJ. Callahan, ,Mayor
Gabriel Jabbour, Acting Mayor
The fore instrument instrument was acknowledged before me on this 13th day of June.
1994 by Eaq Ie& ?V and Dorothy 41. HallirA4►" a1 6Oty Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Nota• Public
LINDA S. Vfib
NWA" PIJOUC . WPOEMA
'1 HENNEPIN COUNTY
'�`•, � Ary �pmnasf�M �apaM r12 -M
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.. P 4
on this -9 1;11 day of Binz 199 before me a Notary
Public within and for said county, personally appeared 6c. L.' '�
}mown to me to be the person(s) esc ►bed in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
ECII:=,
NESOTANTY
•.i2 Yef
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
4��
tiOT:�RY PUBLIC
d
On this y"
of 1q'( a 54" . 199 before me a Notary
� 3 -- da
Public within and for said county, personallya peared 5 tr « 'S -f, n"letrn' i—
know•n to me to be the perso (s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the ;.=e as his (their) free
act and deed.
fiOTAoY VUBUC - W1wESOTA
ti. HENNEPIN COUNTY
MY NOTARY PUBLIC
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