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Home My WebLink AboutResolution 6164 � o� O � � O CITY of ORONO �a., � ' � RESOLUTION OF THE CITY COUNCIL �� .„�� .. G�ti No. 6 1 6 4 ��kESHOg'� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND HARDCOVER VARIANCE PER MUNICIPAL ZONING CODE SECTIONS 78-1282, 78-1283, 78-1286 and 78-1288 FILE NO. 12-3568 WHEREAS, William R. Rouse and Anita M. Rouse a married couple (hereinafter "the Applicants") are the owners of the property located at 4051 Highwood Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 1420, files of Registrar of Titles, Hennepin County, Minnesota. (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit to conduct land alteration activities within 75 feet of Lake Minnetonka per Orono Municipal Zoning Code Sections 7878-1282, 78-1283, and 78- 1286 to allow for construction of a new lake access stair; and WHEREAS, the Applicants have made application to the City of Orono for a variance from Municipal Zoning Code Section 78-1288 to allow 1,235 square feet of hardcover within the 0-75' zone where 0 square feet of hardcover is allowed and 1,104 square feet currently exists to allow reconfiguration and reconstruction of the existing lake access stair. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3568. 2. The Property is located in the LR— 1B, Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. Page 1 of 4 � o� O � O CITY of ORONO ; . � '� � RESOLUTION OF THE CITY COUNCIL '� �a� � . � �� No. 6 1 6 �f �`�kEsHog'� 3. The Planning Commission reviewed this application at a public hearing held on August 20, 2012 and recommended approval of the conditional use permit and hardcover variance based on the following findings: a. The lot is 0.5 acre in area and has 91' in width at the OHWL and 96' in width at the 75' setback. b. The lot is provided with City sewer. c. The Applicants' existing staircase is narrow and is configured in a straight line to the lake which does not allow for vegetative screening. d. The Applicants have submitted a"switchback" stair plan with landings which has been reviewed by the City Engineer. e. The Applicants' plan indicates that along the staircase the slope will be planted with vegetation which will aid in screening the stair when viewed from the lake. f. The Applicants' request will alleviate a practical difficulty with the driveway inherent to the Property and not created by the Applicants. g. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to conduct land alteration activities within 75 feet of Lake Minnetonka including a lake access stair per Orono Municipal Zoning Code Sections 78- 1282, 78-1283, and 78-1286 in order to repair and reconstruct the lake access stair; hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow Page 2 of 4 � O� O CITY of ORONO �\�'a � � -� � RESOLUTION OF THE CITY COUNCIL �'� , :��. .. �� No. 6 � �6 4 �`�kESHog'� reconfiguration of the stair system within the 0-75' zone; subject to the following conditions: 1. Council approval is based on the survey and stair plans submitted by the Applicants and annotated by City staff, attached to this Resolution as E�ibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 1,235 s.f. of hardco�er (16.2%) within the 0-75' zone; and 5,040 s.f. of hardcover (34.5%) within the 75' to 250' zone. Applicants are advised that any requests to increase hardcover beyond the allowable limits established in City Code Section 78-1288 shall require City approval, and will not likely be approved. 3. Following City Council approval the Applicants must apply for and receive an administrative zoning permit for the land alteration activity/lake access stair on the lake slope. 4. A general planting plan shall be submitted for the administrative zoning permit review. This plan shall be submitted and approved by the City prior to the closing of the escrow account. 5. Authorities granted by this resolution run with the property not with the Applicants, but are permissive only and must be exercised by obtaining a zoning permit for the land alteration/lake access stair within one year of the date of Council approval, or the approvals will expire on that date (September 10, 2013). 6. 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. 7. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Page 3 of 4 .� 0,�. O � O CITY of ORONO �, � �' �' � RESOLUTION OF THE CITY COUNCIL -a '�,� :� �,�, NO. �1 ��- ��kESH04'� Adopted by the Orono City Council on the l Oth day of September 2012. ATTEST: t��/�'t�,�!/.� `�Xn. �n p�-�G�(�,.�, Linda S. Vee, City Clerk Lili Tod McMillan, Mayor �I U �.k, 1.,�,v`� , �,�,� R v Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�o day of ►V��LuC✓', 20 I�i by William R. Rouse, husband of Anita M. Rouse. >r„;�;. MONICAA.FADNESS ^ < h� NOTARY PUBLIC-MINNESOTA � Q ��'' � ,;,,�..`' My Commission Expires Jan.31,2017 , _ . .,r�;� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�p day of ��P.l,20�Z by Anita M. Rouse, wife of William R. Rouse. �-.�- � . ;�$�-r''�„ BARBARA G. SILUS .� .� NOTARY PUBLIC-MINNESOTA My Commiss�on Expires Jan.31.2013 Notary Public Page 4 of 4 � � � W I L L IAM R. RO U S E Resolution . Exhibit A OF TRACT A, R.L.S. 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