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Home My WebLink AboutResolution 6172 Doc No A09924145 Certified, filed and/or recorded on 2/28/13 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 942174M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Doc No T05043961 Certified, filed and/or recorded on 1/24/13 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 33 Pkg ID 926112M Doc Name: Resolution Document Recording Fee $46.00 Multiple Certificates Affected $20.00 Fee Document Total $66.00 Existing Certs New Certs 1349057 1349058 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 12-3572 p S� O O CITY of ORONO D►► RESOLUTION OF THE CITY COUNCIL NO. 6 1 7 2 ��kESHOg� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 12-3572 WHEREAS, Matthew Dwight Fritz and Kristine Murphy Fritz a married r;y couple (hereinafter "Applicants") are the owners of the property located at 4055 Elm Street"�', within the City of Orono (hereinafter "City") and legally described as: Lots 7, 8 and 9";'1Iock 9, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, the Applicants have made application to the City for variances to Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17, 2012, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #12-3572. 2. The Property is located in the LR-113 zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The Property is approximately 0.44 acre in area and 120 feet in width. 3. The Planning Commission reviewed the application on September 17, 2012 and on a vote of 7 - 0 recommended approval of the variances, based on the following findings: a. The parcel was created before there were subdivision regulations. b. There is no adjacent property the Applicants could acquire to enlarge the lot. C. There are numerous similarly sized lots with houses in the immediate vicinity of this Property. Page 1 of 4 O O CITY of ORONO RESOLUTION OF THETY COUNCIL NO. 6 1 2 � O S140 d. The proposed residence conforms to structural coverage limitations. Structural lot coverage would be 14 percent when 15 percent is allowed. e. The Applicants' proposal will be conforming to the Tier 2 hardcover limitation of 30%. f. The variances have been approved several times previously. 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 variances 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 properties 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 Applicants, but is necessary to alleviate a demonstrable practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required, subject to the following conditions: 1. Council approval is based on the survey and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. The driveway shall be paved. 3. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. Page 2 of 4 O , O CITY of ORONO °z RESOLUTION OF THE CITY COUNCIL NO. 6 1 7 2 ESH0 4. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 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 building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (October 8, 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 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 Council on this 8th day of October, 2012. ATTEST: Ir. K-kAL Linda-S.',Vee,,City,Clerk Lili Tod McMillan, Mayor Page 3 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL G� NO. 6 1, l 2 SAOg� r perty Owner P(perty Owner STATE OF MINNESOTA COUNTY OF HENNEPIN 13 This instrument was acknowledged before me this 7 day of 291by Matthew Dwight Fritz, husband of Kristine Murphy Fritz.g "`y, MONICA A.FADNESS Notary Public NOTARY PUBLIC-MINNESOTA " My Commission Expires Jan.31 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN j This instrument was acknowledged before me this -1 day of 20'k� by Kristine Murphy Fritz, wife of Matthew Dwight Fritz. MONICAA.FADNESS LC4-')' F NOTARY PUBLIC-MINNESOTA ` My Commission Expires Jan.31,2017 Notary PUbIIC Page 4 of 4 CERTIFICATE OF SURVEY Exhibit A DATE: August 9, 2012 FOR Ma't t Fritz (1EASIAMENTS SHONN IN FEET AAR) DECIMALS OF A FOOT) i IEREBY CERTIFY TWIT THIS SURVEY. PLAN OR WW KURTH SURVEYING, INC. 0 30 0 =IRON PPE MONUMENT SET WAS P WARED BY 1E OR UNSER MY DIRECT SUPERVISION 4002 ARSON ST. NE0 =IRON PIPE MONUMENT FTXIND AND THAT I AN A DULY LICOW LAND SURVEYOR UNDER COLLUM HEMM MJ 55421 TIE LMS THE ST OF MINIESOTA. 0 =SPDCE SET PLISE'_(7L. �-87N FAX 7 7102 SCALE IN FEET E-rAu:ANOMvtM�w am =WOOD FENCE L Randy L. Kurth, L.L.S. No. 20270 REVISED AUG. 23, 2012 . . CHAIN LINK FENCE 6 '1- T 2 Russell J. Kurth, L.L.S. No. 16113 .412.0 =SPOT ELEVATION (ADD'L TOPO-PROP.HSE d GRADES) -412 =EXISTING CONTOUR TOTAL LOT AREA = 20,665± SOFT. REVISED AUG. 30, 2012 _ REE BM USED = INV. SAN. MH SHOWN (500' ZONE LINE - OHW ELEVATION) azul MAPL -E AND S�-ME' E1Y,BW=BASSWOOD, ELEV. = 952.31 (CITY DATUM) REVISED OCT. 2, 2012 BC=BLACK CARRY TOPOGRAPHY VERIFIED ON SITE (SILT FENCE-WOOD WATTLES- CULVERT) �o- =PROPOSED CONTOUR DISTANCE TO OHW WAS SCALED REVISED OCT. 3, 2012 (WA =PROPOSED ELEVATION FROM SATELLITE IMAGERY (2% SWALE ALONG WEST) —fl =PROPOSED DRAINAGE PROPOSED HEAVY DUTY SILT FENCE PROPOSED WOOD FIBER WATTLE / Q: ,^•V• O O \� t 6-)4144-E. s i 1a .� R SALVAGE EA57M Mm= It 1 . _.. `��` \ � fGR AA:Y ORIYEYAr Al'PltdICN ( ZIP OVV M •�y J a RRyy e �.1' _"� .,�- � 1(�,—..LINE LAIM HIWTELY'300' RO�OSE i a r\i faatl LASS r1NETWtA axw _ OUSE a I: A 1111 i )GARAGE •• - 1 r tD��rr ,,� i� �" Y 1 - 10 s+• 'ars '" i '120.00— �`rt PROPERTY DESCRIPTION Lots 7, 8 and 9, Block 9, MINNETONKA SUMMIT PARK, Hennepin County, Minnesota. rD v+r W=t rdd- iR n D � Y�BYYYY�A{y�gY.Y�a°'8s8��§��i996Ylk�:neg6; a$��g8R85ba� b��SFSff#ic@65�a'"" � a P D a 1 =^'if is lip 3 t°. a Sr .4 pa lIIIA PC PIUM 41 1 a qpJalso 8 peu°•I •'aa�a��eiaa�•'d3d�';:l�ai;�2��;�'y�YaeRF'�g3ia='�a�ia��3��R�r@ aFP;°4�"'ig"'a`` r H r 'gs`Isar9aR•e'�ss3�(' �81F' Y9°{ epee;"'�q�y3�:rai�3iis=i�at =B A fA 21 k loop ® RM11011MOU 0 r y w y Z O_ m H Ix 2219 �� Cover Sheet "'The Frkz Residence Anderson Design,Inc. CE 11, Y; 4055 Elm Street s 4!q!4X3 s Orono,MN 55356 gee F t"n � LQ tg�jlEpFps i EF�Di�•A igtF�gig:E Ar m � ��Q�46Cp�i��k 16��'i r $b gE& 555 1 k997, g fill[P of a D gP 'i 1 6 C I A Abp E gi g a $ � All R Rtii 4iti 9 { 5i A S v s i� 3 42 s { RI y � « ----------- `` Y-4 i I I I I I I I � I I ' ' I I I I u r A I I l a i I I I I I 3 .. I /` / rn / ro a __________ ----------- 2 L 9 ow rr.a --2L9 Don y ..blNp g g Site Plan "";he Fritz Residence Anderson Design,Inc. an+iem.r onayao.a,. p 3; 4055 Elm Street + . -� S Orono,MN 55356 1k�G�xf Ad 2�A#at�lii. es' � t B�lEii Iasi 9�C�� Jzl��a �$�el��i��ei�� i�: � 3 F A m r h Z � 4 4 uf i `alt u II Y II 11 R I I II 1 ° o El 2119 nmlec�rwn Lower Level 9 The Fritz Residence Anderson Design,Inc. a� Construction Pla 4055 Elm Street G S Orono,MN 55356 �a iZ M A 2 + 0� u p f - - -------- - C C� ° 0l ZL 9 S m. vy.aran. : cPgi Main Level The Fritz Residence Anderson Design,Inc. �� Conswction Pla 4055 Elm Street �..m. s Orono,MN 55356 9SE99 NW'0u010 s N �"•"" 1801S WG 990b Bid uopoMsuoO &� I Q •aul eouaPlSeN iitjd 841 6 � r2 r i i66•:a toi R� l �oiib hA ---------- .- �i B� e i I I I I I I i I m I I � I I � LU Z 4lg4Y� Hit b w II Em a — 4m AA I I b AA I II M I I l m II ..... ... .. ..... TrfrM D D I I � i I I I I I I I � II I I I l ------- --- $a Exterior Elevation The Fritz Residence Anderson Design,Inc. N x` 4055 Elm Street S Orono,MN 55356 0 X111111111111111111111{IIIIIIIIIIIII 'hl �• �' '� nuuu pnn°°n Ill �� I,I C�■ � III IIIIIIIIIII{ II11i II � IIlIii f �� • �_-- ISI — uuunnu nunnntl, I y �� j I II ............ IIIIIIIIIIIII"uN� ; �� I+I INN -a', ' �. Foom ,� IIIIIIIII, , I � IIIIIIIIII �•• ,� � � Ilullll�' ,' ,C C III�II LoI� moll I' �, , j puunuunnunnunnu!;�gl' mum ,Irmnu�u��u i,imdi i�u • STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 8, 2012,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNF{SS my hand officially as such City Clerk and the Corporate seal of the City this 12th day of October , 2012. 31i 0 j j�� '� •. City Clerk (seale x'-