HomeMy WebLinkAboutResolution 5526 61(0 422:37
Doc No 8912531 12/26/2006 08:49 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Trans!x:.'978990 Deputy 33
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 06-3237
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''' .4-.4t \0- CITY of ORONO
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,� 'ji .% C� RESOLUTION OF THE CITY COUNCIL
ikEs80* NO. 5 5 2 6;
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 06-3237
WHEREAS, Chloe Held Moran, a single person, (hereinafter "owner") is
owner of the property located at 1480 Bohns Point Road within the City of Orono (hereinafter
"City") and legally described as that part of the South 800.00 feet of Government Lot 1,
Section 9, Township 117 North Range 23 West of the 5th Principal Meridian, Hennepin
County, Minnesota described as follows:
Beginning at the Northwest corner of said South 800.00 feet; thence East along
said North line of said South 800.00 feet 430.26 feet; thence deflecting right 12
degrees 06 minutes 70 feet, more or less, to the shore of Lake Minnetonka;
thence southwesterly going along said shore line 140 feet, more of less, to the
North line of the South 650 feet of said Government Lot 1; thence West along
said North line to the West line thereof; thence North along said West line to
the point of beginning, (hereinafter "the property");
and
WHEREAS, Yardscapes, Inc, a Minnesota corporation, (hereinafter
"applicant") has made application on behalf of the owner to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1288 to allow rearrangement of hardcover while
not bringing the property into compliance with this section; 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 October 16, 2006, 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#06-3237.
Page 1 of 5
O O
CITY of ORONO
A 04 ,ory,
ioArt.' „ Gs RESOLUTION OF THE CITY COUNCIL
ikzsKog NO. 5 5 2 (
2. This house was constructed in 1963 with a major addition in 1975. The pool
was installed in 1971. This was before hardcover regulations were adopted.
3. The Planning Commission reviewed this application on October 16, 2006 and
on a vote of 6 — 0 recommended approval of the variance, based on the
following findings:
a. The total amount of hardcover on the property will be reduced by 394
square feet. State statues would allow reconstruction of the patio and deck
without any reduction of hardcover.
b. The new hardcover would be within the 75 to 250 foot zone, which would
have only 17.6 percent hardcover. It would be located at least 200 feet
from the lake.
c. As required in conjunction with any building permit, weed control fabric
and plastic will be removed from the property. This will reduce hardcover
by 6,607 square feet.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicant and the public, and the effect of the proposed variance 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 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; 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 a
variance to Orono Municipal Zoning Code Section 78-1288 to allow rearrangement of
Page 2 of 5
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=A, - CITY of ORONO
vs, ������ ��� �,„ �� RESOLUTION OF THE CITY COUNCIL
IkEs8o4`' NO. 5 5 2 6
hardcover while not bringing the property into compliance with this section, 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 may require further Planning Commission and
City Council review.
2. Hardcover in the 0-75' zone shall be limited to 70 s.f. or 0.59%. Hardcover in
the 75-250' zone shall be limited 4,928 s.f. or 17.16%. Hardcover in the 250-
500' zone shall be limited to 12,748 s.f. or 47.19%, per the proposed plan and
hardcover allowance summary as depicted on Exhibit B. Owner is advised that
any future requests to increase hardcover or change the nature of
existing/approved hardcover shall require City approval, and increases in
hardcover will not likely be approved without concurrent reduction in existing
hardcover.
3. Owner shall remove any plastic or fabric liner material under any landscaping
on the property to ensure their permeability as non-hardcover surfaces. This
work shall be completed before the new pool is put into use.
4. Authorities granted by this resolution run with the property not with the
applicant or owner,but are permissive only and must be exercised by obtaining
a building permit for the new construction before October 23, 2007 or the
variance will expire on that date.
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
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
6. The undersigned applicant and owner have read, understand and hereby agree
to the terms of this resolution. On behalf of the owner and the owner's heirs,
successors and assigns, the owner hereby agrees to the recording of this
resolution in the chain of title of the property.
Page 3 of 5
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t'-'3.-44: t0— CITY of ORONO
,1.,� i; '111 `%�. e' RESOLUTION OF THE CITY COUNCIL
`�kEsBo�`'
NO. 5 5 2 1.
Adopted by the Orono City Council on this 23rd day of October, 2006.
ATTEST:
4.nom , (�.ee.� /64taMici4lai53—
Lin 4-22;41-;
S. Vee, Ci Clerk Barbara A. Peterson, Mayor
r,
Ail / 171;14, / /:r /
Chloe eld Moran
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this Gni` day of Oar ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
L-7-4-4(A f 4 -
Not y P.ublid ►/
STATE OF MINNESOTA
° 4 SIA QU I_Yf\ M YOUNG
r' ,,
COUNTY OF HENNEPIN V * f 4 ,
The foregoing instrument was acknowledged before me on this .,Aay of (a /c/.),, >
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
r
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RACHEL DODGE t isJ., f L ( ()CC( ___s
g NOTARY PUBLIC-MINNESOTA Notar Public '
ti , My Commission Expires Jan.31,2010 (Q y
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Page4of5
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_ CITY of ORONO
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`'� ! ik G RESOLUTION OF THE CITY COUNCIL
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`9kESH�4 NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this / day of C,c,j-01),;, ,
2006 by Chloe Held Moran, a single person.
DENISE M. LESKINEN
NOTARY PUBLIC-MINNESOTA n
My Commission Expires Jan.31,2010
1c ,. ;i+,rw�=r-r-r-rrr-r�lr�-�J� otary Public
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STATE OF MINNESOTA )
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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.
City Clerk
(seal)
� ��
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-� � CITY of ORONO
� - ;. . �
, ti
ti
RESOLUTION OF THE CITY COUNCIL
��`�k'ESH.�g'�G NO. 5 5 2 6 �
� A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 06-3237
WHEREAS, Chloe Held Moran, a siiigle person, (hereinafter "owner") is
owner of the property located at 1480 Bohns Point Road within tlie City of Orono (hereinafter
"City") and legally described as that part of the South 800.00 feet of Government Lot 1,
Section 9, Township 117 North Range 23 West of the Sth Principal Meridian, Hennepin
County, Minnesota described as follows:
Beginning at the Northwest comer of said South 800.00 feet; thence East along
said North line of said South 800.00 feet 430.26 feet; thence deflecting right 12
• degrees 06 minutes 70 feet, more or less, to the shore of Lake Minnetonka;
thence southwesterly going along said shore line 140 feet, more of less, to the
North line of the South 650 feet of said Government Lot 1; thence West along
said North line to athe West line thereof; thence North along said West line to
the point of beginning, (hereinafter "the property");
and
WHEREAS, Yardscapes, Inc, a Minnesota corporation, (hereinafter
"applicant") has made application on behalf of the owner to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1288 to allow rearrangement of hardcover while
not bringing the property into compliance with this section; 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
Coininission held a pttblic hearing on October 16, 2006, at which times all persoiis 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,
Minnes.ota:
FINDINGS
• 1. This application was reviewed as Zoning File#06-3237.
Page 1 of 5
� o�
�
� o �, �
1 � C ITY of ORONO
� �
. . . F
ti
RESOLUTION OF THE CITY COUNCIL
��`9k'ESH.�4�G NO. 5 .5 2 6 ,
2. This house was constructed in 1963 with a major additioii in 1975. The pool
was installed in 1971. This was before hardcover regulations were adopted.
3. The Planning Commission reviewed this application on October 16, 2006 and
on a vote of 6 — 0 recorrunended approval of the variance, based on the
following findings:
a. The total amount of hardcover on the property will be reduced by 394
square feet. State statues would allow recoizstruction of the patio and decic
without any reduction of hardcover.
b. The new hardcover would be witllin the 75 to 250 foot zone, which would
have oiily 17.6 percent hardcover. It would be located at least 200 feet
from the lake. '
• c. As required in conjunction with any building pennit, weed control fabric
and plastic will be removed from the property. This will reduce hardcover
� by 6,607 square feet.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
Uy the applicant and the public, and the effect of the proposed variance 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 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
COIVCLUSIONS, ORDER AND CONDITIONS
• Based upon the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1288�to allow reai-rangement of
Page 2 of 5
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-� � � C ITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`�kEsKo�`'�G rva '5 5 ? � .
hardcover while not bringing the property into compliance with this section, subject to the
followiilg 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 may require further Planning Commission and
City Council review.
2. Hardcover in the 0-75' zone shall be limited to 70 s.f. or 0.59%. Hardcover in
the 75-250' zone shall be limited 4,928 s.f. or 17.16%. Hardcover in the 250-
500' zone shall be limited to 12,748 s.f. or 47.19%, per the proposed plan and
hardcover allowance summary as depicted on Exhibit B. Owner is advised that
any future requests to increase hardcover or change the nature of
existing/approved hardcover shall require City approval, and increases in
• hardcover will not likely be approved without concurrent reduction in existing
hardcover.
3. Owner shall remove any plastic or fabric liner material under any landscaping
on the property to ensure their permeability as non-hardcover surfaces. This
work shall be completed before the new pool is put into use.
4. Authorities granted by this resolution run with the property not with the
� applicant or owner,but are permissive only and must be exercised by obtaining
a building permit for the new construction before,October 23, 2007 or the
variance will expire on that date.
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
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
6. The undersigiled applicant and owner have read, understand and hereby agree
to the ternis of this resolution. On behalf of the owner and the owner's heirs,
successors and assigns, the owner hereby agrees to the recording of this
resolution in the chain of title of the property.
� .
Page 3 of 5
� o�
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�� CITY of ORONO
�
� - - � �
, ti
��� �G�' RESOLUTION OF THE�C15 2C�OUNCIL
�9 4 NO. .
kESiIO
� Adopted by the Orono City Council on tliis 23rd day of October, 2006.
ATTEST: �
�'y �'.t P�
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
� �
Chlo Held Moran
• .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on thisc�J day of �� ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Miruzesota municipal corporation
and said iiistrument was executed on behalf of the City.
c�-�^
Not y blic �iA�t���Ly�y�, YOUNG
STATE OF MINNESOTA . ;� ���r,,pt;?�tiC-R�n�go�
�.• ��g�
COUNTY OF HENNEPIN ���*=y��-s+��
b
The foregoing instruinent was aclaiowledged before me on this a� day of Q ��l�e/�
2006 by Linda S. Vee; City Clerk of the City of Orono, a Minnesota municipal corporation
and said instrluizent was executed on behalf of the City.
�-/�cz.e.,�.e:C �oa�
RACHEL DODGE Notary Public
^ �` � NOTARY PUBLIC-MINNESOTA
• �.,,,�• My Commission Expires Jan.31,2010
Page 4 of 5
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� CITY of ORONO
a �
-�, , . . �
��l �Gti
RESOLUTION OF THE CITY COUNCIL
`�kEsH.o�`' rvo. 5 5 2 6 .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Tlus instrument was acknowledged before me this ��( day of ��-1�(�.p�r >
2006 by Chloe Held Moran, a single person.
�
. DENISE M. LESKINEN
� NOTARY PUBLIC-MINNESOTA Notary Public
I My Commission Expires Jan.31,2010
,:..
•
•
Page 5 of 5
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