HomeMy WebLinkAboutResolution 5146 �S II III II II III IIIII
Doc No 8539951 03/08/2005 09:23 AM
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Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy I1 TranslD 98662
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`9kESII0 NO. 5 14
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-305 AND 78-1112
- FILE NO. 04-2995
WHEREAS,Jyland Distinctive Homes,Inc.,a Minnesota corporation,represented by
Robert A.Carlson(hereinafter"the applicant")is the owner of the property located at 1070 Ferndale Road
West within the City of Orono (hereinafter the "City") and legally described as follows:
Exhibit A attached
(hereinafter the "property"); and
WHEREAS,the applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot
approximately 1.7 acres in dry buildable area and 160'in width in the LR-1A Lakeshore Residential Zoning
District where lot area of 2.0 acres and 200'width is normally required;and a variance to Section 78-1112
to allow hardcover within 26' of a City-protected wetland where no hardcover is normally allowed.
NOW,THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#04-2995.
2. The property is located in the LR-lA Lakeshore Residential Zoning District,which
requires minimum lot area of 2.0 acres and minimum lot width of 200'.
3. The property contains approximately 1.77 acres of drybuildable land and 1.31 acres of
wetland. The wetland has not been delineated due to winter weather conditions,but its
boundary has been estimated based on topography of the site. A portion of the existing
driveway serving the property encroaches less than 26'from the wetland,and is proposed
to continue in use,although a majority of the pre-existing driveway will be relocated to
eliminate wetland setback encroachment.
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CITY of ORONO
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RESOLUTION OF THF$CIVT C UNCIL
Spg�G NO.
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4. The Planning Commission reviewed this application at apublic hearing held on March 15,
2004 and on avote of 7-0 recommended approval ofthe requested variances based on
the following findings and conditions:
a. A single family residence has existed on the property for many years.
b. The property has been assessed for and is connected to municipal sewer.
C. Municipal Zoning Code Section 78-72(B)(2)states that a lot ofrecord in any"R"
District in the City in excess of one acre,which does not meet the requirements of
the Zoning Chapter as to area or width only,may be utilized for single family
detached dwelling purposes if the Council finds: (a)It is at least one acre in size,
and the average width of the lot is at least 100 feet; (b)It is served by public
sanitary sewer;(c)It otherwise meets the requirements of this Chapter or other
applicable City Code provisions. Planning Commission finds that upon the vacation
ofpublic roadway concurrently being requested in Zoning Application#04-2996,
and upon legal combination the vacated roadway with tax parcels 02-117-23-43-
0002,02-117-23-43-0004 and 02-117-23-43-0006,the above conditions will
be satisfied.
d. No additional land is available for acquisition to make the property larger.
e. The requested variance to allow driveway to be located within 26'of the wetland
should be approved because relocating that portion of driveway to eliminate such
encroachment is not readily feasible without topographic changes which would
result in the loss ofmature trees and vegetative screening,and reduce the width and
effectiveness of the existing vegetative buffer between the driveway and the
adjoining neighboring residence structure.
f. The applicant should be required to verify the wetland boundary and complete the
topographic work for the site to confirm the exact area of wetland vs dry buildable
land prior to issuance of building permits.
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0 0
CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�`9kESI;0 NO. 5148
5. The City Council has considered this application including the findings and recommend-
ations 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 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 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 a
variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on
a lot approximately 1.7 acres in dry buildable area and 160'in width in the LR-1 A Lakeshore Residential
Zoning District where lot area of 2.0 acres and 200'width is normally required;and a variance to Section
78-1112 to allow hardcover within 26'of a City-protected wetland where no hardcover is normally
allowed 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 B. Any amendments to the site plan which are
not in conformity with Citycodes will require further Planning Commission and City Council
review.
2. Applicant shall provide a survey prior to issuance of a building permit for construction of anew
residence,that contains complete topography for the site sufficient to satisfy staff that wetlands will
not be encroached except as allowed by this approval.
3. Prior to footing inspection,applicant shall provide a wetland delineation surveyto verify the wetland
boundary and to confirm the actual dry buildable area of the site.
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CITY Of 0-
RESOLUTION
RESOLUTION OF THE CITY COUNCIL
�`9kESiI0 NO. 5 1 4 9
4. Prior to issuance ofbuilding permit,applicant shall provide evidence that legal combination of
the three tax parcels and the vacated road has been completed.
5. Applicant shall take suitable measures during construction to protect the trees and vegetative
screening along the driveway.
6. Authorities granted by this resolution run with the property not with the applicants, 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 variances will expire on that date(April 12,2005).
7. 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.
8. 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 this 12th day of April, 2004.
A,TTE9.T ' ,
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"fit c O City Clerk Barbara A. Peterson, Mayor
9
SnJ 3x5 •^i � t' '
Property Owner
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�L<9k
S 0 NO. 9 '914
ETrI
STATE OF MINNESOTA
COUNTY OF HENNEPIN
S+
The foregoing instrument was acknowledged before me on this D day of r 1 ,2004 by
Barbara A.Peterson,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument
was executed on behalf of the City.
RACHEL DODGE
NOTARY PUBLIC-MINN--OTA l_. .'• -� "l-
A` MY Canmission Expires Jan.31,zoos Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this/.5 day of rt,G ,2004 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.
dUL�o �
BARBARA G. SILUS Notary Public
NOTARY PUBlove
LIC-A';NP;E :J A
k Ah Commissar Expires Jan.31,2008
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CITY Of ORONO
RESOLUTION OF THE CITY COUNCIL
L`9k-R 140g� NO. �f 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this b'+`' day of 2004 by
Robert A. Carlson for Jyland Distinctive Homes, Inc., its
RACHEL DC�Cc
hoT'^Y PULL IC-i,; ^'A
My Commission Expires Jan.
Notary Public
Page 6 of 6
EXHIBIT A j
RESOLUTION NO.
LEGAL DESCRIPTION
Parcel l:
That part of Lot 4, North Shore Cottage Acres, Lake Minnetonka, Hennepin County, Minnesota, described as
follows: Commencing at the Northeasterly corner of Lot 4; thence South along the East line thereof a distance of
350 feet; thence at right angles Westerly 80 feet; thence Northwesterly 499.2 feet, more or less, to a point in the.
Northwesterly line of said Lot 4 distant 108 feet Southwesterly along said Northwesterly line from the most
Northerly comer of said Lot 4; thence Northeasterly 108 feet to said most Northerly comer of Lot 4; thence
Southeasterly along the Northerly line of Lot 4 to the point of beginning.
Also, that part of Lot 4,North Shore Cottage Acres, Lake;Minnetonka,Hennepin County,Minnesota, described as
follows: Commencing at a point in the East line of Lot 4 distant 350 feet South from the Northeasterly corner of said
Lot 4;thence South along the East line of said lot a distance of 137 feet;thence Westerly at an angle of 88 degrees
30 minutes to the right,to a point in the Westerly line of said Lot 4;thence Northerly along the Westerly line of said
Lot 4, to the most Easterly comer of Lot 5 of said addition; thence Northwesterly along said Westerly line of said
Lot 4 to the most Westerly corner of Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 a
distance of 102.3 feet; thence Southeasterly 499.2 feet more or less to a point distant 80 feet West from point of
beginning along a line running'at right angles from East line of said Lot 4; thence East along sAid•line 80 feet to the
point of beginning. ,
Also an easement for road purposes only over that part of Lot 4 lying South bf a line commencing at a point in the
East line of said Lot distant 487 feet South from the Northeast comer of said lot;thence Westerly at an angle of 88
degrees 30 minutes to the right to a point in the Westerly line of said Lot 4.
EXCEPT:
That part of Lot 4,North Shore Cottage Acres, described tis follows: Beginning at the Northeasterly comer of said
lot; thence South along the East line of said lot a distance of 125 feet;ther''ce deflecting right 126 degrees a distance
of 210 feet;thence deflecting left to a point on the Southwesterly line of said lot distant 150 feet Southeasterly of the
most Westerly comer of sad lot; then•,e.Northwesterly to said :Host «'t^.terly cern-.:; thence Northewcte:ly to the
most Northerly comer of said lot;thence Southeasterly to the point of beginning.
Parcel 2:
That part of Lot 5, North Shore Cottage Acres, Lake Minnetonka, described as follows: Commencing on the
Southwesterly line of said Lot 5 at a point 90 feet from the Southeast comer;thence Westerly to Southwest corner of
said lot;thence Northerly to most Northerly corner thereof;;thence Southeasterly on the Northeasterly line 82.1 feet;
thence Southwesterly to point of beginning.
Parcel 3:
Also, that part of Lot 6, North Shore Cottage Acres,Lake Minnetonka, described as follows: Commencing at the
most Easterly comer of said Lot 6; thence Northwesterly along the Northeasterly line of said Lot 40 feet; thence
Southwesterly parallel with the Southeasterly line of said. lot to the Southwesterly line of said lot; thence
Southeasterly along said Southwesterly line to the most Southerly corner of said lot;thence Northeasterly 152 feet to
point of beginning.
EXHIBIT B
is
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TOPOGRAPHIC SURVEY FOR RESOLUTION NO.
- off Lot 4 �, 1 ^�
JYLAND DISTINCTIVE HOMES, INC: �z'elf.
IN LOTS 4, 5 & 6, NORTH SHORE COTTAGE ACRES 'z= ,,
oast n4 I W
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26' ASS- st ss tt / Parcell:
\ r y, $ + t1 r ' ; That part of Lot 4,North eras
Shore Conage A ,Lab Minnesonn
nks,Hennepin Count' nnes
,Miod,decriss
ed
HOUSE 5 .. / t follows: Commencing mitt Northeasterly terly comer of Lot 4;'t1ece South Bang he Eats true thereof a d'ulance of
W .* +� ; `, / ; 350 fact; at right angles Westerly 80 feet;theme NoMwestedre
y 499.2 ef,more or leu,to a point,in the
tet^asE 1 st n� +aa r - +t ; NOMwcsterly tine of said Lot 4 distant
R 108 feet Soutawenedy atop{said Northwesterly line hoe the man
2a•J "t+ _ :o _ , d i t Northerly tomo of said La 4;thence Northeasterly 108 feet to said most NoMaly comer of Lot 4;thence
tt sroao r t ` R a t southnsmfl lost rhes Northerly line afLot 4 to the point ofbewia ! n g
y es g' y P 6 g• O S
14.1 b9 ; d a N- ,e^wA�.�r •tensa ++ J/1 t AW,that part of Lot 4,North Short Cottage Aeras,Lakq Miimaonka,Hennepin County,Minnesota,described as 1 Is
e
A
�. V' '7I �..;.._.��— t follows:CoN
Commencing at a point in e East line of Lot 4 distant 350 fees South from the Northeasterly corner or said O
T I I -;t / •--/t�_,'�j 700.0 r ; Lot 4;thence South along the East line afraid lot a distance of 137 feet;thence Westaly at an angle of 88 degrees
y 9'�+t to SaFt10E 44 ' t _ r� 30 minutes to the right,to a point in the Westerly line of said Lot 4;Menu Northerly along the Westerly line of said
b � s' W i Lot 4,to the most Easterly comer of Lot 5 of said addition;thence Northwesterly abng said Westerly line of said
12^ \ ��noes %/ eco ; Lot 4 to the most Westerly comer of Lot 4;thence Nodheastedy slung the Northwesterly line o.'sald Lot 4 a
/6b rtes / O distance of 102.3 fel;thence Southeasterly 499.2 feet more or less to a point distant 80 feet West from point of
tg•,ppm �' n �. ,'/ t beginning along a line naming'ot right angles from East lidE of said Lot 4;thence East along sssd•line 8o feet to the
ASS-
point of beginning. . .. .
Also an easement for roapoly ova that pan of Lot 4 ging South of a line comrnencing ata point i
d purpose n th
East line of said Lot distant e
487 feel South from the Northeast comer of said lei;thenen Westerly N an a 88
angle of
ASSW •r E wbT / degrees 30 minutes to the right to a point in the Westerly line of said Lot 4.
CLUMP ,tu55wooD /, .�/; / ✓ EXCEPT:
0 'That'Thatti. '4 '
,p!' /'� ''��.! �� ; pan of Lot 4,North Sham Conage Acres,described ibed follows: Beginning at the Northessterlycomer of said
nc
r \r • t lot;thee South along the East line of said lot a distant,of 175 feet;thedce detracting right 126 degrees a distance
''' I ! of 210 feet;thence defectis left to a
.E /,-',.,.'r, � /✓� � i L e point on the Southwesterly line of said lot distant 150 feat Southwterly of the
most Westerly coma of said lot;Nene Northwesterly to said most Westerly comer,thence Northeasterly to the'
most Norther) comer of said lot;thence Southeasterly to the point of beginning.
Y y p
P1 21' � / / / I ; Parcel 2:
' / / , s That pan of Lm 5,North Shore Cottage Acres,Lek.Mnnetas
ionks,described follows: Commencing on the
s%-__ - _ ; Southwesterly line of said Lot 5 at a point 90 feet from the Southeast comet thence Westerly to Southwest toner of
K
ta• said lel;thence NoMerly to most Northerly comer themorihence Southeasterly on the Northeasterly line 82.1 feet;
\��01 °rg 7e�ta + - //i/ `t� / ; - thence Southwmerly to point ofbeginning. `
F Nti<`ed T / / ^S 89 4'S2" 80'.00• i i Parcel 3:
.............._........... t Also,that pan of La 6,North Shore Cottage Acres,Lake Minn.mrnks,described as follows: Commenting at the Q
_ 3
most Easterly comer of said Lot 6;thence Northwesterly along the Northeamaly line of said La 40 feet;thence {
eaL pt' `, Southwesterly parallel with the Soulheasterly line of said,la to the Southwesterly line of said lot.thence ,
N,rte•V - 7 t Southeasterly along said Southwesterly line to the most Southerly tomer of said lo;th152 feet in
rt'
point ofbegirmleg. ence Nothaasaid
o d sJ. POWER/ I t S
POLE / I \rp t - at
✓ •t'6- / /. 2 '� I ROAD OR STREET GETT
0 tO BE VArATE12 w
!' - 0 f 1•l� / i ; The road or street as dedicated to the public in the plat of North Shore Cottage Acres yp
shown as 30 feet wide,lying Southwesterly of the Westerly line of Lot 4,between Lots 5 = F
tS30 }' df sOp ,/ 1 ��° \ '4P I ; and 6 and Northeasterly of a lint drawn from the most Westerly Comer of Lot 5 to the is
4 S' S Wester) rite t' most Southerly corner of Lot 6,all in North Shore Cottage Acres. N
2501 SETBACK L -Ahof L 405,
3.
N\ �(n
/ n r41,4FFF Corner of o denotes iron marker
' Lot S - _ �\ _mac t
\ . - (9(08.3) d
enotes existing spot elevation, neon sec l
evel dattm
1 denotes proposed spot elevation, neon sea leve) dattmOER
.., to ---- 917 ---•--
�3gg
fJj
- denotes existing contour line, mean sea level dattm
denotes proposed contour l ine, mean sea level datum
Bearings shown are based upon an assed datt . SILT FENCE DETAIL
tmm
2.a S-weed atdra
-0 POWER S 88°24'S1" W 209.98
g ; POLE ~��P This survey intends to show the boundaries of the above described property,
andshow proposed 10cot ion of a proposed house thereron. It does not purport rnpaw.t�scarlet' + y rrprovetents or encroachments. I r es.p.ard
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