HomeMy WebLinkAboutResolution 5471 0(9- 3cc-7
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Doc No 8885994 10/31/2006 11:08 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 266310 Deputy 7
Fees
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A RESOLUTION GRANTING HARDCOVER,LOT WIDTH
AND LOT AREA VARIANCES TO MUNICIPAL ZONING CODE
SECTION 78-350 AND SECTION 78-1288
AND
A CONDITIONAL USE PERMIT FOR LAND ALTERATIONS
WITHIN THE 0-75 FOOT SHORELAND ZONE PER SECTION 78-966
FILE NO. 06-3197
11)41146)---43-------- 1°4:1), 0_ CITY of ORONO
�' yti :Jr. :, ��� iio,,k C.) RESOLUTION OF THE CITY COUNCIL
`�kES8o-- NO. 5 4 T 1.
A RESOLUTION GRANTING HARDCOVER, LOT WIDTH
AND LOT AREA VARIANCES TO MUNICIPAL ZONING CODE
SECTION 78-350 AND SECTION 78-1288
AND
A CONDITIONAL USE PERMIT FOR LAND ALTERATIONS
WITHIN THE 0—75 FOOT SHORELAND ZONE PER SECTION 78-966
FILE NO. 06-3197
WHEREAS, Paul S. Hanssen and Leann M. Hanssen, husband and wife
(hereinafter "the owners") are the owners of the property located at 2445 Dunwoody Avenue
within the City of Orono (hereinafter the "City") and legally described as follows:
The Southeasterly 1/2 of Lot 4, Block 8, Townsite of Langdon Park, Hennepin County,
Minnesota, the intent being to convey that portion of said Lot 4 bounded, as follows: Beginning
at the Southeasterly corner of said Lot 4 and running thence 62 1/2 feet Northwesterly along the
Easterly boundary line of said Lot 4, thence Southwesterly and parallel to the Southerly
boundary line of said Lot 4 to the lakeshore; thence Southeasterly along the lakeshore 62 1/2 feet
to the Southwesterly corner of said Lot 4 and thence Northeasterly along said Southerly
boundary line of said Lot 4 to the place of beginning, according to the map or plat thereof on
file and of record in the office of the Register of Deeds in and for said County of Hennepin,
State of Minnesota(hereinafter the"property"); and
WHEREAS, the owners have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-350 to allow construction of a house
on a lot that is 62.5 feet wide when 100 feet is required and has an area of.38 acre when .5
acre is required.
WHEREAS, the owners have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1228 to allow 29.4 percent hardcover
in the 75-250 foot shoreland zone when 25 percent would be allowed.
WHEREAS, the owners have made application to the City of Orono for a
conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow grading
within the 0-75 foot shoreland zone.
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
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, CITY of ORONO
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'tt?� l'ot, RESOLUTION OF THE CITY COUNCIL
` 4-zs 0g NO. 5 1
Commission held a public hearing on May 15, 2006, at which time 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#06-3197.
2. The property is located in the LR-1C Zoning District which requires a
minimum lot area of.5 acre and a minimum lot width of 100 feet.
3. The Planning Commission reviewed this application at a public hearing held
on May 15, 2006 and recommended approval of the variances based on the
following findings:
a. The lot is a legal lot of record created prior to adoption of the current
Zoning Ordinance minimum area and width lot requirements. The property
is .38 acres in area and has 62.5 feet in width at the shoreline and at the 75
foot setback.
b. The lot is provided with City sewer
c. The owners are not able to acquire additional property to meet minimum
lot width and area requirements.
d. A house has existed on the lot since 1912 and on the adjacent lots since
1920 and 1900.
e. The lot currently has 2.2 percent hardcover within the 0-75 foot shoreland
zone, 47.6 percent hardcover within the 75-250 foot shoreland zone and
60.9 percent hardcover within the 250-500 foot shoreland zone. With the
proposed residence the lot would have no hardcover within the 0-75 foot
shoreland zone, 29.2 percent hardcover within the 75-250 foot shoreland
zone and 14.0 percent hardcover within the 250-500 foot shoreland zone.
f. The proposed residence meets all other Zoning Ordinance requirements
with respect to setbacks, lot coverage by structures, and building height.
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CITY of ORONO
.4,, ,A,1,.0,40 6~ RESOLUTION OF THE CITY COUNCIL
�L`1kES140' NO. 5 4 7 1
The Planning Commission also recommended approval of the conditional use
permit for land alteration within the 0-75 foot shoreland zone based on the
following findings:
a. A portion of the existing house is within the 0-75 foot shoreland zone. The
Planning Commission is recommending approval of variances to allow the
existing house to be torn down and replaced by a house that will not
encroach into the 0-75 foot shoreland zone. Restoration after removal of
the old house will require filling.
b. A 600 square feet area in the 0-75 foot shoreland zone at the southwest
corner of the proposed house will be graded and reshaped to avoid the
installation of a retaining wall. The area will be slightly flattened, with a
maximum cut of two feet.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff,
comments by the owners 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 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 owners, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the owners; 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 Sections 78-350 and 78-1288 to allow
construction of a new house, subject to the following conditions:
1. Council approval is based on the site plan submitted by the owners and annotated by
City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan
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Af4CITY of ORONO
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.L , '��•���Mi,t1.�6 RESOLUTION OF THE CITY COUNCIL
`9�iESgOg' NO. 5 4 7 .i
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Hardcover in the 75-250' zone shall be limited to 3,213 square feet or 29.2 percent per
the proposed plan and hardcover allowance summary as depicted on Exhibit A.
Owners are 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. Authorities granted by this resolution run with the property not with the owners, 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 (May 22, 2007).
4. 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.
5. The undersigned owners have read, understand and hereby agree to the terms of this
resolution and on behalf of the owners and the owners' heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the property.
Based upon one or more of the findings noted above, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 78-966 to allow grading
within the 0-75 shoreland zone per the grading plan attached to this Resolution as Exhibit B
and as annotated by City staff, subject to inclusion of erosion and sediment control details on
the final building permit plans.
Adopted by the Orono City Council on the 221 day of May, 2006.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Page 4 of 6
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Pail S. Hanss Leann M. Hanssen
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ± day of Ova,. ,
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.
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ti se, '_,. BARBARA G. SILUS Notary Public
, F NOTARY PUBLIC-MINNESOTA
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this L day of of -it- .-,
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.
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" ;; BARBARA G. SILUS
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Page 5 of 6
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t-,...:4.1-,,# - CITY of ORONO
�� ,i0. G~ RESOLUTION OF THE CITY COUNCIL
`9kES8& NO. 5 4 7 1
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this I day of (cc e._ . , 2006 by
Paul S. Hanssen, husband of Leann M. Hanssen
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BARBARA G. SILUS 4 A
VV: : NOTARY PUBLIC-MINNESOTA
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this / day of JGvn.P_—• , 2006 by
Leann M. Hanssen, wife of Paul S. Hanssen.
SPO':. BARBARA G. SILUS Notary Public
..' ,g,,,, NOTARY PUBLIC-MINNESOTA
� ,,;:. My Commission Expires Jan.31,2008
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Page 6 of 6
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RESOLUTION# 5471
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on May 21, 2006 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 24th day of
October , 2006.
in a S. Vee, City Clerk
„N.-or
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