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Home My WebLink AboutResolution 5458 . ° oS -31g2 � ,�. , Doc No 8819643 06/29/2006 09:48 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 233329 D puty 45 Fe s $35. 0 DOC $10. SUR $46.0 Total . • � . � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350(B), 78-1279 AND 78-1288,AND A CONDITIONAL USE PERMiT PER MUNICIPAL ZONING CODE SECTIONS 78-1116 & 78-1117 FILE NO. OS-3182 e ` t � O� � O O . ,� ;.. � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'EsH�04'�G NO. 5 4 5 8 A RESOLUTION GRANTING VARIANCES TO MUN�CIPAL ZOIL'ING CODE SECTIONS 78-350(B), 78-1279 AND 78-1288, AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-1116 & 78-1117 FILE NO. 06-3182 WHEREAS, Jeff P. Mikkelson, a single person, (hereinafter "the applicanY') is the owner of the property located at 1436 Baldur Park Road within the City of Orono (hereinafter the"City") and legally described as follows: Lot 6, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350(b) to allow construction of a new residence on a lot 8,179 s.f. or 0.19 acre in area and 51' in width at the OHWL of Lake Minnetonka and 55' in width at the 75' setback from the OHWL where 21,780 s.f. or %z acre in area and 100' in width is normally required; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence to be located 50' from the OHWL of Lake Minnetonka where a 75' setback is normally required; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 987 s.f. or 24.39% hardcover within the 0-75' zone and 1,494 s.f. or 36.16% hardcover within the 75'-250' zone where 0% and 25%respectively are normally allowed in order to construct a new residence; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-1116 and 78-1117 in order to conduct land alterations including filling and excavation below 931.5' MSL or the 100-year floodplain elevation in conjunction with the construction of a new home. Page 1 of 6 � O� O O � C ITY of ORONO . ,� , �, ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKog'�G rva 5 4 5 � NOW, THEREFORE BE IT R.ESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3182. 2. The property is located in the LR-1C Lakeshore Residential Zoning District which requires a minimum lot area of'/z acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on Maxch 22, 2006 and recommended approval of lot area, lot width, 0-75' and 75'250' zone hardcover and lake setback variances based on the following findings: a. The lot is significantly substandard in area and width and the existing structure and hardcover on the lot are nonconforming. The property is served with municipal sewer. A residence has existed on the property for many years. b. There is no additional land available to bring the lot width or lot area into conformity. c. The proposed structure complies with side yard, rear(street) yard, and average lakeshore setback requirements. d. A single family residence has existed on the property for many years. e. Because the property has less than 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of a 1,500 s.f. home accounts for 29°/a of hardcover within the 75'-250' setback zone. f. The applicant has proposed minimal driveway, walk, and deck in order to limit the magnitude of the hardcover excesses. g. Due to the fact that the property is the shallowest lot of all lots in the neighborhood the home is proposed 50' from the OHWL of the lake. Page 2 of 6 � o� _ o � o C ITY of ORONO . � . :;� � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESKo�'�G No. 5 4 5 8 h. The size of the proposed residence and magnitude of hardcover variance is consistent with other approved development in the neighborhood. 4. The Planning Commission reviewed this application at a public hearing held on March 22, 2006 and recommended approval of the conditional use permit based on the following findings: a. The fill proposed for this application is the minimum amount necessary to accommodate a reasonable driveway access to serve the property. b. A landscape plan will be submitted with the building permit application. c. The filling and grading activities will be performed with only clean fill. This requirement will be monitored by the City Engineer. d. The applicant will be excavating below the 931.5' elevation to compensate for the floodplain volume filled. 5. 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. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally t� 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 one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350(b), to allow construction of a new residence on a lot 8,179 s.f. or 0.19 acre in area and 51' in width at the OHWL of Lake Minnetonka and 55' in width at the 75' setback from the OHWL where 21,780 s.f. or %z acre in area and 100' in width is normally required; and Section 78-1279 to allow the new residence to Page 3 of 6 �o� _ o 0 - C ITY of ORONO . � :- � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII04�G NO. be located 50' from the OHWL of Lake Minnetonka where a 75' setback is normally required; and Section 78-1288 to allow 987 s.f. or 24.39% hardcover within the 0-75' zone and 1,494 s.f. or 36.16% hardcover within the 75'-250' zone where 0% and 25% respectively are normally allowed; and a conditional use permit pursuant to Zoning Code Sections 78-1116 and 78-1117 in order to conduct land alterations below 931.5' MSL or the 100-year floodplain elevation in conjunction with the construction of a new home. 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. Hardcover in the 0-75' zone shall not increase above the level of 987 s.f. or 24.39%. Hardcover in the 75-250' zone shall be limited to 1,494 s.f. or 36.13% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant 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. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the new home. 5. Approval from the Minnehaha Creek Watershed District is required for the land alterations below the elevation of 931.5' prior to the issuance of a building permit. 6. The lowest floor of the house shall be established no lower than the Regulatory Flood Protection Elevation of 932.5' MSL. 7. Prior to building permit issuance, the applicant shall verify site elevations and grading and drainage information to satisfy the City Engineer that the elevations obtained under winter conditions are reflective of actual site conditions and that all drainage shall be handled in a manner that will not cause drainage problems for this residence or the neighborhood. Page 4 of 6 � o� . o , o -�a.=.� CITY of ORONO � �, �� `��'` p'�' RESOLUTION OF THE CITY COUNCIL L`�kEsH.o4'� No. 5 4 5 � 8. An as-built grading plan verifying compliance with the building permit, grading and drainage plans shall be subinitted prior to the issuance of a Certificate of Occupancy for the new residence. 9. Authorities granted by this resolution run with the property not with the applicant, btrt are permissive only and inust be exercised by obtaining a building perrriit for the new construction within one year of the date of Council approval, or the variance will expire on that date (Apri124, 2007). 10. 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. 11. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. •_� Adopted by the Orono City Council on the 24`�' day of April 2006. A'�'�EST,�� : f` -;.i= � � � ---_ . ( ,�. �� -'t.Ltc.��.4.�t.:' �:�_=:�:.c'�� I�� Y Lind S. e, City Cle k Barbara A. Peterson, Mayor f ,� ,,, , ��, �� p�e y O ner Page 5 of 6 � o� � o 0 ' � CITY of OROND ��v- . � �;: � �� ' �� G~' RESOLUTtON OF THE CITY COUNCII �`�kEsKog'� rvo. 5 4 5 � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisp2�day of Cx.�,'�'-�-f" , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was e��cuted on be?lalf o`the City. { ��" �� nlJ�i'� �11��C�SI��V` ��',�Cr,,.�..c��`��, ��z/ � Ir'QTARYPUBLIC-MINNESOTA � � Notar Public �,..� My Commission Expires Jan.31,2007 Y STATE OF MINNESOTA COUNTY OF HENNEPIN � �, The foregoing instrument was acknowled�ed before me on this-�' '�day of ,� �F;,� + �, 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. ..:. �d' . RACHEL DODGE ;� � � __ ,. . ' j_ '{ <: " t `•.�. � �� t NOTARY PUBLIC-MINNESOTA � ��-�� Notar Public �� .;,,.. My Commissicn Expires Jan.31,2010 �' �� STATE OF MINNESOTA COUNTY OF HENNEPIN ;. This instrument was acknowledged befare me this��_{� day of � � , 2006 by � � Jeffrey P. Mikkelson, a sin�le person. ^ , . �-.�, RACHEL DODGE `��` � � � l. IJ�`C � ' �� .��s` i�OTARY PUBLIC-MINNESOTA Notary PUbI1C ;;,�;. 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B��oP gALDU R P � � ` ROADWAY: M `q3�Al lq.��31 , s � 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 April 24 , 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 27th day of April , 2006. � . `� �.� Y`Y a 4a �.- � T' City lerk ,� ", ,,,,,.<�a: ,i�:;. r, ++° M,�, .�a'a"'. _ �y`'�� •'. �! +3",'�� t �"".i A7Y'• , . o j{ ,;F��..� .e�: T KW ;�i��.v � .:�K. � ♦ � �'x'�:+� :4? `-�� f . ' �.r'�•''1✓ t�'y�:",''N�+�� ;kr- G <'^ 1�p�. �a7 E.. . (��_ f ��I. .Y' •