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Home My WebLink AboutResolution 5525 � � � �iy � � C �� C�� ': } f" �52� Doc No 8886373 11/01/2006 09:31 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 266479 Deputy 5 Fees $35.50 DOC $10.50 SUR $46.00 Total L , , � � t A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-568 AND DENYING A VARIANCE TO SECTION 78-570(4) FILE NO. 06-3229 � o � � � � o � � - C ITY of ORONO � , r-. � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI��G NO. � 5 Z 5 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-568 AND DENYING A VARIANCE TO SECTION 78-570(4) FILE NO. 06-3229 WHEREAS, Christian Family Church and World Outreach Center Inc., a Minnesota non-profit organization (hereinafter "the applicant") is the owner of the property located at 560 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 4, In Kitchel's Subdivision of Government Lots 5 and 6 in . Section 22, Township 117 North, Range 23 West of the Sth Principal Meridian, described as follows: Commencing at the southwest corner of said Lot 4; thence running north 300 feet; thence at right angles East to the easterly boundary line of said Lot 4; thence southwesterly along said line to the shore of Lake Minnetonka; thence Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a lot area variance to Orono Mtanici�al Zoiung C�de S�ction 7R-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3.33 acres of total lot area where approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required; and for a side setback variance to allow construction of a covered porch 46' from the side lot line where a 50' setback is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File#06-3229. 2. The property is located in the RS, Seasonal Recreational District, which requires a minimum lot area of 5 dry buildable acres. The property is 3.33 acres in total area with approximately 1.1 acres of dry acreage. Page 1 of 5 . � o� - o 0 C ITY of ORONO � ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESII�g'�G NO. 5 5 2 � 3. The Plaruling Coinmission reviewed this application at a public hearing held on September 18, 2006 and recommended approval of the lot area variance but denial of the side setback variance based on the following findings: a. The lot was legally created prior to adoption of the current RS, Seasonal Recreational District standards. b. A structur.e can be built on the lot meeting the required 50' lot line setbacks (to the north and west) as well as wetland, septic and lake setback requirements. c. The property has suitable primary and alternate 3-bedroom septic sites available. d. The property contains an adequate buildable envelope in which to construct a conforming structure, and there is no reasonable justification or sufficient hardship to support the granting of a side setback variance for the enclosed porch. 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 property in this zoning district; that granting the lot area 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 hardship or 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 Coinprehensive Plan of the City. Page 2 of 5 . � ' � � O� O O � C ITY of ORONO ,� .;. � ti �� Gti RESOLUTION OF THE CITY COUNCIL `9kES�I�� NO. � � � 6. The City Council finds that there is insufficient justification to allow the granting of a side setbacic variance, and the granting of such a variance would merely serve as a convenience to the applicant and would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a side setback variance for a 4' structure encroachment of the required 50' side setback; and grants a lot area variance to Orono Municipal Zoning Code Section 78-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3.33 acres of total lot area where approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. All setbacks, hardcover, structural coverage, and septic requirements and setbacks must be met. No variances other than lot area shall be granted for construction on this lot. 3. This resolution shall also act as a covenant preventing a structure larger than �- bedrooms. In signing this resolution, the applicant agrees to limit the structure to 3-bedrooms in order to comply with the 3-bedroom capacity septic sites available on the lot. The applicant also agrees to preserve the primary and alternate 3- bedroom septic sites and prevent them from destruction either during construction of the cabin or future development on the lot. 4. 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 within one year of the date of Council approval, or the variance will expire on that date (October 23, 2007). Page 3 of 5 � . � O� O O ' �� - CITY of ORONO a�_, �1 ''' ;,� "9'' ,, ._;,,.. �� '�� G~'� RESOLUTION OF TH ITY COUNCIL L`q.$E g0g'� N O. � � Z `' S 5. 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 terniinate any authority granted herein, and shall be punishaUle as a misdeineanor. 6. The undersigned applicant has read, understands and hereby agrees to the terms of � this resolution and on behalf of the applicant and the applicant's heirs, successors and assi�ms, hereby agrees to the recording of this resolution in tiie chain of'title of the property. , � +'?4 Adopted by the Orono City Council on the 23'd day of October, 20U6. F , f�^ �r " �'y r�TTE�''�': , ,` ; :i /, % � ��,��, . � ,�::,2.-�-` >� Linda S. V�e, City Clerk Barbara A. Peterson, Mayor +.� - , � , � � �.�.wr,, �'�t`�-h�.. Property Owner( ) Page 4 of 5 . , � O� O O '�� CITY of ORONO �a ,� -� : �, � .;�.�� RESOLUTION OF THE CITY COUNCIL �L`9kESH�4�G NO. STATE OF MINNESOTA COUNTY OF HENNEPIN J ��, ,�The foregoing instrument was aclalowledged before me on this�� day of S..dL,�, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. _.� ; `' �� l Nora�y Publ'c •�� ,-` �,:•�o��° ;��.�N M. YOUNG ,�� .,� ° '`;•; _�'uhli�Minnesot� ��;�;� ',y,�%��,rn:aion E�qdree Jan�!�20t0 STATE OF MINNESOTA t��r4'�.�;°_��;��veivwvwwv� COUNTY OF HENNEPIN The foregoing instruinent was ackiZowledged before me on this�-`��day of ` "� t� +.;�-�, 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota inunicipal corporation and said instrument was executed on behalf of the City. ��,.�=..�..�,.�,�'.��:�.�.��-' , RACHELDODGE '�- 't Cz_-� f � `, /��cr C ��..-� '��` tJOTARY PUBLIC-MINNESOTA � f ��1y Commission Expires Jan.31,2010 �� Notary PuUlic .�;. '�c�i.J.c>.: . .e:�; STATE OF MINNESOTA COUNTY OF HENNEPIN This instnm�ent was ackno�vledged before me this :'_ � day of L�;t: ��t>K,,^ , 2006 -�- . — b � � ' ' y . v , ,_t�C,� ;,_� , the � 3. -��,rt ;�- of Christian Family Church and World Outreach Center Inc., a Minnesota non-profit organization, on behalf of the non-profit organization. ' 1 .r�. _ _ r. , % - �JENISE M. LESKINEN �� -. � � � IJOTARY PUBLIC-MINNESOTA - ' ' , � �`` �� `''�� ^'�(� My Commission Expires Jan.31,2010 NOtaI' PUbI1C - , ;�:� Y PaQe � of 5 , . • ��i,;�i`��p�,.,� � � �C,U6VDAF�Y � TOPOGRAPHIC SURVEY FOF �Z �� ' ' �cE-1-��` g � � f'� �� H�� i��7�1� tl1 0 � '~�' W = w� � IN LOT 4, KiTCHEL'S SUBDIVISIOM � �g� O F G O V'T L O T S 5 & 6, S E C. 2 2-1 1 7-2 3 v � c��- z � HENP�EPIN COUIVTY, MINNESOTA cn � ° � 552 � ao >� i � , °�� . �e. 'n fA � o�e- v 0.' Q N I � / / ,,�. — � w J� ��e� 1 1� / � ' � -- - - =°'d. LLlz -�o� I � � � � / , mz �'Z � 8�1 1 / / _ � � o� Z= a•--i � � n,�.w,.raw.�.oa�.w�. �� 5 �a � 30 60 120 � � �d'" � i� � � �� $ �d��' � � i � i ��'� , � p q� � / /� / �/��j SCALE IN FEET P�/ m�__ � � "� � A� �` ��i/��/�%: C --- - . -�, � ii i ��., B ��, �� i/i�i/,a� ' Q �` T��(�—C�1�S�.5�' � � � �� i��/�� j �� b� �N�.f�D�'�c G� IN}� �'?1 I ��°° n ' � //��'�ij��i��///�! ��r.� � �K '�'db�� / �� /// ' � �C/` � �,��, % �y ,�' , - - - � � t,� ��, ,, �r � � � �� +'�� l✓ // .- � � �,�r��i� , � LEGAL DESCRIPTION OF PREMISES; � r� � � ��`� / � Thel paK ot Lo14,In Kitd�el's Su6dlWaion of Govemmen�Lots 5 and B In Section � ��/ � /j��/ /�— / / NOTE:W duMlntA 22,Townahip 117 Nor1h,Renpe 23 West of the Sfh pd�Wpal MeAdian,desctibad I i.�a ee..na�..xe as follows; ~' �p,?E€iNAtTE /��/ �� /i� CommenGnp at the aouthwes�c�mer of ae�d�ot 4;thence runninp north � �.a,� ,_5EPT1G8FFE � � � 300 feel;theace at riphl an9les East to ihe eas(erfy boundary Ilne ot safd � Lol 4;thence aoulhwestedy alonp satd Ilne to fhe shpra o{�ke � i� // ^� � � Minnatonka;thenee Norlhwey�ehy a�onp ea�d ahore to the po�� bepinninp,eil on Blp Island,Leke Minnetonka. / r —"�� ih � � /�� / Thla eurvey shows the boundaries otthe above deycribed p�em,and the � — location of a proposed house and septic aystem fhereon. It does not purport y� / ' �'^ �/�//, /�/,6° to show arry other Improvements or e � � 0: iron marker ^�O°�h�ts. � _ �— _ ' / O:Judfdel Iandmarlc found �� < � — : Danotea exlaBng cbntour Ilne,mean sea Ievei datum � /// /�� n — : Denotas proposed eontour Iine,mean sea level datum � / � /n�/ � i� ' :Denotee proposed spot elavetion / � � �� : Denolea exlstlng spot elevat(on �' t e a r i n p s s h o wn ere based upon en eggumed detum ` / � � �/ � � �OT E: T h e Ju di Ge l lendmarks tound alon the N r / l �/ � / �1 ��< et per Tortens Case No.4228 were used to detert�njne�n�rye boun ant s �� ' i the above described property. � I ` — �� 8// ' ��wtx /� �, / �� S��S �. )POSED ELEVATIONS ,� � �s `�—°�--'0–=�� ' ��3� a � � �"_.— ` �� ` OP OF FOUNDATION=957.5 � � � 1---� � `S 4SEMENT=948.7 ��. a )OKOUT a 851.7 �wrTm:.no ce�.siao.�a1� �3�� I � z 'W o �a Im LAKE I�INNET'OfV I� �� Z� � o� � � �� o � � m i a u � r � '$'$'$�{ � • p d � a d 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 23 , 2006, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 24th day of October , 2006. � '�:�t r �,. - r � "' �� ,eG�, ` 6 ' City Clerk . '^P;. .,� . � . , (sea�} _ , ' � . .... . 'i . . " ` - . , 4_, . � . �I.:. _ .�•Sa v.F.,..`� � �.�� . .i.r��y ". . . .f�.u.4.� t',t - �f9��e- •3�1ts i�,'�