HomeMy WebLinkAboutResolution 5430 Abstract & Torrens At-
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Doc No 4419385 08/23/2007 10:00 AM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 337794 Deputy 22
New cert Cert Fees
856917 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 AND 78-1288 (A) & (B);
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 78-303(17)
FILE NO. 06-3171
O�
0 0
C ITY of OR
ONO
ti
ti
RESOLUTION OF THE CITY COUNCIL
sKog�G NO. 54 3 0
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 AND 78-1288 (A) & (B);
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 78-303(17)
FILE NO. 06-3171
WHEREAS, John C. Brooks and Joan T. Brooks, husband and wife,
(hereinafter "the applicants") are the owners of the property located at 905 Ferndale Road
West within the City of Orono (hereinafter "City") and legally described as:
r �T
Lots 107, 108 and 109, Auditor's Subdivision No. 184; andLLot 13,
NORTH SHORE COTTAGE ACRESjall in Hennepin County, Minnesota
(hereinafter"the Property"); and
WHEREAS, the applicants have made application to the City of Orono
for a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a
structure setback variance to Section 78-1279 to allow relocation and construction of an
existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no
hardcover or structures are normally allowed; and a conditional use permit per Municipal
Zoning Code Section 78-303(17) to allow installation of plumbing including a toilet in an
existing accessory structure located less than 75' from the shoreline; 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 January 17, 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 06-3171.
2. The Property is located in the LR—lA Zoning District which requires a
minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The
Property is 2.77 acres in area and 298' in defined width.
Page 1 of 7
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SKoNO. 5 4 3 0
3. The Planning Commission reviewed this application at a public hearing
held on January 17, 2006 and on a vote of 5-0 recornmended denial of the
variances and conditional use permit, concluding that the deck relocation
and addition of plumbing to a nonconforming building would be
expansions of an existing nonconforming use.
4. The City Council reviewed this application at its regular meeting held on
February 13, 2006 and on a vote of 4-0 concluded that the variances and
conditional use permit should be approved, and directed City staff to draft
a resolution documenting findings for approval.
5. The City Council makes the following findings with respect to this
application:
a. The old existing 16' x 16' detached deck is located 11' from the
shoreline of Lake Minnetonka; the proposed replacement 16' x 16'
deck will be 33' from the shore.
b. Relocation of the deck will be associated with replacement of an
existing lakeshore access stairway. This stairway is also proposed
to be reconstructed to include appropriate landings, and it will be
relocated further from the shore but still within the 0-75' setback
zone. The stairway as proposed is an allowed encroachment
within the 0-75' zone, and is required to provide reasonable access
to the lower level and lakeshore.
C. As a result of the peninsula nature of the property, the only portion
of the lower yard more than 75' from the shore is a small 10'x20'
triangle 90' west of the accessory building, and located in the 100-
year floodplain below elevation 931.5'. At such location the deck
would have minimal functionality.
d. Overall hardcover on the site will be reduced by 64 s.f. in the 0-75'
zone, a reduction from 10.22% to 10.16%.
e. Council finds that the level of additional use of the site due merely
to relocation and reconstruction of the deck does not rise to the
level of expansion of a nonconforming use.
Page 2 of 7
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C ITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��9kES0 NO. 54 3 0
f. Council finds that the addition of a toilet, lavatory and sink to the
existing lakeshore accessory building will not result in expansions
of the level of use of the site beyond the current reasonable level of
use. While the addition of limited plumbing in this building will
make use of the building more convenient for the applicants, the
addition of such fixtures is not considered by the Council as an
expansion of a nonconforming use.
6. Council finds that the proposed use of the accessory structure with
plumbing will not be detrimental to the residential character of the
neighborhood due to its size and remote location from any other
properties. Council finds that the plumbing fixtures proposed are in
keeping with the intended use of the accessory building. Council finds
that the property is 2.0 acres in area or larger. Council finds that the
accessory building is conforming in size and height, but is legally
nonconforming in location. It is not being structurally altered.
7. The property owners have agreed to execute a covenant to be filed in the
title of the property providing that the accessory building will not be used
for a home occupation unless specifically approved by City or if allowed
by the Municipal Code; that the building will not be used as a dwelling
unless a guest house conditional use permit is obtained; and that the
building will not be rented, leased or otherwise provided for use as a
dwelling under any circumstances.
8. The City Council has considered this application including the fundings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
variances and conditional use permit on the health, safety and welfare of
the community.
9. 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 variances 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
Page 3 of 7
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
S 0 NO. 5 4 3 0
keeping with the spirit and intent of the Zoning Code and Comprehensive
Plan of the City.
10. The Council finds that granting a conditional use permit to allow
plumbing in the accessory structure will not be detrimental to the health,
safety or general welfare of the public, would not adversely affect light, air
nor pose a fire hazard or other danger to neighboring properties, nor will
its use depreciate surrounding property 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a
structure setback variance to Section 78-1279 to allow relocation and construction of an
existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no
hardcover or structures are normally allowed; and grants a conditional use permit per
Municipal Zoning Code Section 78-303(17) to allow installation of plumbing including a
toilet, sink and lavatory in an existing accessory structure located less than 75' from the
shoreline, subject to the following conditions:
1. Council approval is based on the site plan and building plans submitted by the
applicants and annotated by City staff, attached to this Resolution as Exhibit A.
Any amendments to said plans which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall be reduced to and remain no greater than the
level of 10,013 s.f. or 10.16%. Applicants are advised that any future requests to
increase hardcover or change the nature of existing/approved hardcover on the
property shall require City approval, and increases in hardcover will not likely be
approved without concurrent reduction in existing hardcover.
3. The applicants by executing this resolution agree and covenant that the property
will be bound by the following conditions:
A) The accessory building will not be used for a home occupation unless
specifically approved by City or if allowed by City code;
Page 4of7
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�. CITY ofo-
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RESOLUTION OF THE CITY COUNCIL
S1410 NO. 5 4 3 0
B) The accessory building will not be used as a dwelling unless a guest house
CUP is obtained; and
C) The accessory building will not be rented, leased or otherwise provided for
use as a dwelling under any circumstances.
4. The applicants are advised that the approved replacement deck and existing
accessory building are considered as nonconforming structures and are subject to
the provisions of City ordinances with regards to nonconforming structures.
5. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining the
appropriate building and plumbing permits for the new construction within one
year of the date of Council approval, or the approvals within this resolution will
expire on that date (February 27, 2007).
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.
Adopted by the Orono City Council on the 27th day of February, 2006.
ATTEST:
r
Lind S. Vee, City Clerk Barbara A. Peterson, Mayor
pr6per�tyOners)
Page 5 of 7
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CITY Of ORION
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RESOLUTION OF TH6 CIT3Y�COUNCIL
�kESIID4 NO.
��++
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this a-7 day of
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 -C •, 11-nC3 LaQ�
::7
ON Notary Public
-0 SOTAm1,2007
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
l�1C� Z c ;,_ , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
i municipal corporation and said instrument was executed on behalf of the City.
Notary Public
y RACHEL DODGE
NOTARY PUBLIC-MINNESOTA
>,+ My Commission Expires Jan.31,2010
�t�
Page 6 of 7
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL`4kESfI04�6 NO. 5 4 J G
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of �, , 2006
by John C Brooks, husband of Joan T. Brooks.
r
r
^ DENISE M. LESKINEN �
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2010 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
h
This instrument was acknowledged before me thisO day of � , 2006
by Joan C. Brooks, wife of John T. Brooks. +
Notary Public
LINDA S.VEE
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2010
Page 7 of 7
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STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed Deputy 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 February 27, 2006, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such Deputy City Clerk and the Corporate seal
of the City this day of 1 , 2007.
•, Deputy City Clerk
ar
NtA y
IIIII
Doc No 9030991 08/29/2007 08:13 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 338380 Deputy 11
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 AND 78-1288 (A) & (B);
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 78-303(17)
FILE NO. 06-3171
7' O
O O
ti
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
��9kESII0 NO. 54 3 0
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 AND 78-1288 (A) & (B);
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 78-303(17)
FILE NO. 06-3171
WHEREAS, John C. Brooks and Joan T. Brooks, husband and wife,
(hereinafter "the applicants") are the owners of the property located at 905 Ferndale Road
West within the City of Orono (hereinafter "City") and legally described as:
Lots 107, 108 and 109, Auditor's Subdivision No. 184; and Lot 13,
NORTH SHORE COTTAGE ACRES; all in Hennepin County, Minnesota
(hereinafter"the Property"); and
WHEREAS, the applicants have made application to the City of Orono
for a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a
structure setback variance to Section 78-1279 to allow relocation and construction of an
existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no
hardcover or structures are normally allowed; and a conditional use permit per Municipal
Zoning Code Section 78-303(17) to allow installation of plumbing including a toilet in an
existing accessory structure located less than 75' from the shoreline; 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 January 17, 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 06-3171,
2. The Property is located in the LR—lA Zoning District which requires a
minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The
Property is 2.77 acres in area and 298' in defined width.
Page 1 of 7
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SK0 NO. 54 3 0
3. The Planning Commission reviewed this application at a public hearing
held on January 17, 2006 and on a vote of 5-0 recommended denial of the
variances and conditional use permit, concluding that the deck relocation
and addition of plumbing to a nonconforming building would be
expansions of an existing nonconforming use.
4. The City Council reviewed this application at its regular meeting held on
February 13, 2006 and on a vote of 4-0 concluded that the variances and
conditional use permit should be approved, and directed City staff to draft
a resolution documenting findings for approval.
5. The City Council makes the following findings with respect to this
application:
a. The old existing 16' x 16' detached deck is located 11' from the
shoreline of Lake Minnetonka; the proposed replacement 16' x 16'
deck will be 33' from the shore.
b. Relocation of the deck will be associated with replacement of an
existing lakeshore access stairway. This stairway is also proposed
to be reconstructed to include appropriate landings, and it will be
relocated further from the shore but still within the 0-75' setback
zone. The stairway as proposed is an allowed encroachment
within the 0-75' zone, and is required to provide reasonable access
to the lower level and lakeshore.
C. As a result of the peninsula nature of the property, the only portion
of the lower yard more than 75' from the shore is a small 10'x20'
triangle 90' west of the accessory building, and located in the 100-
year floodplain below elevation 931.5'. At such location the deck
would have minimal functionality.
d. Overall hardcover on the site will be reduced by 64 s.f. in the 0-75'
zone, a reduction from 10.22%to 10.16%.
e. Council finds that the level of additional use of the site due merely
to relocation and reconstruction of the deck does not rise to the
level of expansion of a nonconforming use.
Page 2 of 7
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CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
9kES8pg' NO. 54 3 0
f. Council finds that the addition of a toilet, lavatory and sink to the
existing lakeshore accessory building will not result in expansions
of the level of use of the site beyond the current reasonable level of
use. While the addition of limited plumbing in this building will
make use of the building more convenient for the applicants, the
addition of such fixtures is not considered by the Council as an
expansion of a nonconforming use.
6. Council finds that the proposed use of the accessory structure with
plumbing will not be detrimental to the residential character of the
neighborhood due to its size and remote location from any other
properties. Council finds that the plumbing fixtures proposed are in
keeping with the intended use of the accessory building. Council finds
that the property is 2.0 acres in area or larger. Council finds that the
accessory building is conforming in size and height, but is legally
nonconforming in location. It is not being structurally altered.
7. The property owners have agreed to execute a covenant to be filed in the
title of the property providing that the accessory building will not be used
for a home occupation unless specifically approved by City or if allowed
by the Municipal Code; that the building will not be used as a dwelling
unless a guest house conditional use permit is obtained; and that the
building will not be rented, leased or otherwise provided for use as a
dwelling under any circumstances.
8. 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 and conditional use permit on the health, safety and welfare of
the community.
9. 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 variances 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
Page 3 of 7
0 0
CITY of ORONO
ti
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RESOLUTION OF THE CITY COUNCIL
SI'iO4�G NO. 54 3 0
keeping with the spirit and intent of the Zoning Code and Comprehensive
Plan of the City.
10. The Council finds that granting a conditional use pen-nit to allow
plumbing in the accessory structure will not be detrimental to the health,
safety or general welfare of the public,would not adversely affect light, air
nor pose a fire hazard or other danger to neighboring properties, nor will
its use depreciate surrounding property 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a
structure setback variance to Section 78-1279 to allow relocation and construction of an
existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no
hardcover or structures are normally allowed; and grants a conditional use permit per
Municipal Zoning Code Section 78-303(17) to allow installation of plumbing including a
toilet, sink and lavatory in an existing accessory structure located less than 75' from the
shoreline, subject to the following conditions:
1. Council approval is based on the site plan and building plans submitted by the
applicants and annotated by City staff, attached to this Resolution as Exhibit A.
Any amendments to said plans which are not in confonnity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall be reduced to and remain no greater than the
level of 10,013 s.f. or 10.16%. Applicants are advised that any future requests to
increase hardcover or change the nature of existing/approved hardcover on the
property shall require City approval, and increases in hardcover will not likely be
approved without concurrent reduction in existing hardcover.
3. The applicants by executing this resolution agree and covenant that the property
will be bound by the following conditions:
A) The accessory building will not be used for a home occupation unless
specifically approved by City or if allowed by City code;
Page 4of7
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CITY Of 0-
RESOLUTION
RESOLUTION OF THE CITY COUNCIL
SS Og�G NO. 54
E
B) The accessory building will not be used as a dwelling unless a guest house
CUP is obtained; and
C) The accessory building will not be rented, leased or otherwise provided for
use as a dwelling under any circumstances.
4. The applicants are advised that the approved replacement deck and existing
accessory building are considered as nonconforming structures and are subject to
the provisions of City ordinances with regards to nonconforming structures.
5. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining the
appropriate building and plumbing permits for the new construction within one
year of the date of Council approval, or the approvals within this resolution will
expire on that date (February 27, 2007).
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.
Adopted by the Orono City Council on the 27th day of February, 2006.
ATTEST:
Av
r -t� r
Barbara A. Peterson, Mayor
e , City Clerk
z x" r"
P,Voperty Owner(s)
Page 5 of 7
0 0
CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SB10 NO. 5 4 3 ti
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 2'7 day of
2006 by Barbara A. Peterson, Mayor of the City of Orono, a
Minnesota rRunicipal corporation and said instrument was executed on behalf of the City.
auaE'
SON
Notary ublic
SOTA
1,2007
STATE OF MINNESOTA
COUNTYOF HENNEPIN
The foregoing instrument was acknowledged before me on this I day of
;,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.
E
ODGE Notar PublicMINNESOTA yes Jan.31,2010
Page 6 of 7
0 0
CITY of ORONO
1 F
ti
RESOLUTION OF THE CITY COUNCIL
QNO.
kEsK 5 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of t C� .L , 2006
by John C Brooks, husband of Joan T. Brooks.
i
ESKINEN-MINNESOTAOiE
ires Jan.31,2010 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2006
by Joan C. Brooks, wife of John T. Brooks. f
l
Notary Public
LINDA S. VEiE
c IYia NOTARY PUBLIC_
MY Commission MNNESOTq
Expires Jan.31,2010
Page 7 of 7
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RESOLUTION NO.5430
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed Deputy 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 February 27, 2006,with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such Deputy City Clerk and the Corporate seal
of the City this =_day of �� ��, , 2007.
Deputy City Clerk
' ••,1!� int
tot r�S
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