The URL can be used to link to this page

Home My WebLink AboutResolution 5257 �lJ �`'�� I�1olOS�OZ$ J�dO�00'6$ �ns os�v� �Oa OO�S4$ saa� 6L b8 alsue�l �5�(�ndaQ �ap�o� � �uno� `�}iuun� �H �a�y�i� e;osauuiW `�(}uno� uidauuaH �a�ao�a��uno�ay}�o a�i}}p :a�ep anoq� uo pap�o�a��o pue pa�i�pai��}�a� Wb 50�06 �OOZ/0�lZ4 b9S00�8 oN �ot7 • . . � �� -� � Q O - � ; � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsi3�4'�G NO. 5 � � °7 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-568 _ _ FILE NO. 04-3057 WHEREAS, Don E. Henderson aud Jtidy A. Henderson, husband and wife (hereinafter "the applicants") are the owners 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 Governinent Lots 5 and 6 in Section 22, Township 117 North, Range 23 West of the 5��' 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 Minnetonlca; thence Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka, Hennepin County, Mirulesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for 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 wl�ere approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3057. 2. The property is located in the RS, Seasonal Recreational District, which requires a minimum lot area of 5 dry buildable acres. The applicants' property is 3.33 acres in total area with approximately 1.1 acres of dry acreage. Page 1 of 6 - � °� . _. , o 0 CITY of ORONO ,� ,-. � ti ti RESOLUTION OF THE CITY COUNCIL ��9kE3II�g'�G NO. � � �� '`� 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the lot area 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 structure 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. � 4. The City Council has considered this application including the findings and recoinmendation of the Planning Commission, reports by City staff, . comments by the applicants 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 axe 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 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 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 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: Page 2 of 6 �°� -. - o 0 CITY of ORONO . � : . � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESII04�G NO. ."�f � �� 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conforniity with City codes will require further P1aruling Coirullission and City Council review. 2. No specific site plan is approved with this request. All setbacks, hardcover, structural coverage, and septic requirements and setbacks inust be met (the site plans existing within the staff report were used only as an ilhistration of the potential buildability of the lot). No other variances shall be granted for construction on this lot. 3. This resolution shall also act as a covenant preventing a structure larger than 3- bedrooms. In signing this resolution, the applicants agree to limit the structure to 3-bedrooms in order to coinply with the 3-bedroom septic sites available on the lot. The applicants also agree to preserve the primary and alternate 3-bedroom septic sites and prevent thein from destruction either during construction of the cabin or future development on the lot. 4. The applicants are also advised that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until tl�e existing moratoriuin has lifted and standards are in place for regulated dock access through a City protected wetland. 5. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (November 22, 2005). 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. Page 3 of 6 �� - o , o �a: - , C ITY of ORONO . ,� � �,� ' ""��/` � G'�' RESOLUTION OF THE CITY COUNCIL �`q \ g'� NO. � � � kESI3� Adopted by the Orono City Council on the 22"`� day of November, 2004. ATTEST: _ �, , _ _ < ,, _ (� / , � , ; _ : l'��-1�14,=t�t.-�.,��-��f"X-��-E�.,Z:�z-�"1`> �i_ � �� ' Linda S. Vee, City Clerk Barbara A. Peterson, Mayor '� � ; � ///j�� j 'G>V� .'��7�y"(i `.�%/�,.0`._L-•'�.�'�,.. �� /V Property Owner(s . Page 4 of 6 � � O � 1V' . . o 0 ' � CITY of ORON4 a�_,� ' � -'' �+ "� � `�.��''`:. � RESOLUTION OF THE CITY COUNCIL ��kESH�4�G NO. ��-' `� � ``� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before ine on this '�;<=�.. day of ��.1'-%v� , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Miruzesota municipal corporation and said instrtunent �vas executed on behalf of the City. ''� ��,�-- ._ �A ��,. _ :t % �� -C� —:�_-c.�,r��a , ►�e�F�•�:��fl,;.�: . Notaiyy Public ;, ��;oP:.�cp;,E•s�. �:..,_,, �-a STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this :%c`"```day of /rl�`�:��'t <<-x°�� , 2004 by Linda S. Vee, City Clerl: of the City of Orono, a Mimiesota municipal corporation aud said instrument was executed on behalf of the City. ; , � . . , � _. �-/�c_L�.�_ .<,-----`� `i'�_�c=-�' t ��_....� ... �� '^:C�i�L DODC� �� Notary PLiblic ' "U3LIC-MWtd�SOTA ..-,,,,,ssion Expires Jan.31,2�75 _. -Y-,----�-.. _ ..__��_...... Pa�e 5 of 6 _- � °� . o 0 � � CITY of ORONO � � ,. � ti ti RESOLUTION OF THE CITY COUNCIL �L`9kEsfl�g'�G NO. � � � °�' State of Miruiesota ) ) ss. County of Hei�epin ) This instrument was acknowledged before me this��ay of ��.%�t�-�,r'►�b��L004 by Don E: Henderson, husband of Judy A. Henderson. - � a+s��"`� 3 ��6.^�" RACHEL DODG� �r ' �.c� �-c� ,��%��" (S2____ � NOTARYPUBUC•h;��.; _T' Notary Public � My C�Sb„ExPires Ja� . _,., � .,.��;::;...:s:u . , .. State of Minnesota ) ) ss. County of Hennepin ) Tliis instrument was ackno�vledged before me this��day of/°�;��;r�;��004 by Judy A. Henderson, wife of Don E. Henderson. � �. ��. RACHEL DODCr �" ``�-''� � ^ ; �„�"�;^'+1, �c.�-� NpTARYPUBUC-h`1"* �'�� Notary Public . � My Canmbgpo Exppes J"� , , ... Pa�e 6 of 6 N W�� Zg�� BOUNDARY&TOPOGRAPHIC SURVEY FOR EXHIBIT A z� DONALD HENDERS�N �'Z�" WgYm IN LOT4,KITCHEL'S SUBDIVfSION a°`gt Vo�4 OF GOV'T LOTS 5&6,SEC.22-117-23 ��o ' � HENNEPIN COUNTY,MINNESOTA Q o�� /q /��tAC R 75' L�KE S�T�� i �, «ss�� qY�O� �,NIV�l�G�! � + � ' �-a• � �u��e V�[ � �— � Sc` $u 1t�D/Nc� �,,� �\ �.J' ��'� ——-� � � W Z m��z k ZWzo x1�i�� 1 \ H // —��J /.,'�.. �..�. �S�a �,�. .e.. ..,M.� �t /is�j��{ � V, u '+-�`/ �:�i�•i o ao Bo i2o R � � �,r/,��%�� . � t� . �- .;�f%� .-�.. �pEta�IrA�rED SCALE W FEET I '-/ +� / /��/j:��r � � � � � /,�j/j�%�� 5 ?� �. , � � � /�'/ � � �, '� ��;'%�.'l. �� if / � �� _f�' /� �i/� /��• .. � �"�-- r' �%/ / �H � i��%+/��/ � — ' ——— /'�i f ��! _.__ ��i�//� � �;��' ��oEscrtro7qnocraewaEs: twtwe„semen � rwv«irta�.wwwr.sYea.ueo�dm+an+nw Menmen.a.wro.a � j�"'"" . . �.�,,,��.n,��M�,� , /,�/ �,� pO�N�T �S� r`�.. �d M wAnwMmiwdwl0 Lal�:MK�MMiq m� ]OOhKemosNAW��Wa6+buw�4w�atLhwudma � ��—_ i � / �� la�:tlrw.o�awewnYraio WdaMreloAapWMal � / / � 1 �"�""„��.. �/ — � / � / � This flne follows old lence Ilno n+,,,,My,nw.an.aw�an..aaww.awmaaa�vMr.pae..rw i �"� `� � s ,�"r� � 1 i y,.aontoa�u�+weorr�°r°nno°�""wu` . '��r-1J - � � `� 4r--� i i o:��. �� i, 1t�� Pc�ID�1 -�'� �� - h� e:h6tltlMd,.dPoud r�.»w�d..un _. '� °' eesd�oaaho.n erc e.ua w^� / �� - � 6qiE7M�dr�en�mA�foudalon7fl�NorC�MeafWdLW� � i i /f ae�e��e aseaww�+H•�«e�.erma.wn+�on.ed.w.n.. V/ ^ / 5 , � / ��/�/ °y ' Buildi�9 'Lo�StonWell NO7f Ca�roYum mo�Owe rKErMa•�eabo..�queie ka � ��/ / ��.�� 'A� � � setbaek V a �� lines � I , � 1t i � � i a � J ' ' / � � -•-- � � ' - ao � '- �i- �Y...r��..ia�� i I � ' � � i "- � o,J� PROPOSEIf a � � � � � BUILDINGJ � / � �! �,,q�� i � �/ . ; / �6� -�. . .� � : P,i ��N�F `��'`�;.. ' ' � �' --- � 2 . � ;%; �; ;, ro� A� ------ . , ; `� f ,/ _ - ,' '' r_ `__ 31 _A5Y� � i�;;;� ; �'q -- - � �/ � , �- - /�� , � , 3z i �' i , . . Avg. 5(ope r' 9� /� ��; i < � 18;C' l �a��/�/ �% � - ----- ----- -- �' I i� .��'%/ '1q �� % OIJ51 . ---- � i �°'s i �/ � � —_ :• � /! � � % • ' ' � �� /��* / _ �� / � --__ — i C • %�% � � i � j , r� _� —'�t � / � / �/ V � — �-- ---_---$_ — y`i � ��/ ,� li,i � i� � h _�-' '/ /'`�' ��i i � . ^ . � '/� 1 ` � .,- ! . / i