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Home My WebLink About04-3040 Recorded ResolutionRe.SCJL 1111111111111111 II II I IIIII IIII Doc No 8540076 03/08/2005 10:08 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 11 TranslD 98710 Fees $15.00 DOC $4.50 SUR $10.00 NS $1.00 COPY $30.50 Totai CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 22 I NO. ______ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-3040 WHEREAS, Dean Thomas Lundblad and She1Ti Jean Strelow-Lundblad, husband and wife (hereinafter "the applicants") have an interest in and Steven R. Benson, a single person, is the owner of the property located at 1290 Arbor Street within the City of Orono (hereinafter the "City") and legally described as follows: Lots 7 & 8, Block 1, Crystal Bay Minnetonka, Hennepin Coimty, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a side street setback of21.2' where a 50' setback is nonnally required. NOW, THEREFORE BE IT RESOLVED· by the City Council of Orono, Mim1esota: FINDINGS 1. This application was reviewed as Zoning File #04-3040. 2. The property is located in the RR-lB, One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of200'. 3. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of the variance based on the following findings: a. The property has 12,809 s.f. (0.29 acre) in area and 100' in width. The property is within the 500' -1000' shoreland hardcover zone. b. The side street is unimproved right-of-way, has been fenced and currently is being used as parkland for Crystal Bay Playground. Page 1 of 5 4. 5. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 22 1 NO. _______ _ c. The proposed garage location will have no negative impacts on the parkland or the neighborhood. The City Council has considered this application including the findings . arid reconimendatio1l-oftEe.Pia1m1i1g-Co111mission, repo11:sby 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. 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 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 sphit 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 78-420 Subdivision B to allow a side street setback of 21.2' where 50' is normally required, subject to the following conditions: 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 confonnity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 500-1000' zone shall be limited to 4,483 s.f. or 35% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover above the limited amounts or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover above the allowed limits will not likely be approved without concurrent reduction in existing hardcover. Page 2 of 5 .. \ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ 2 2 1l 3. Applicants 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. Authorities granted by this _resolution nm with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building pem1it for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 23, 2005). 5. 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 tem1inate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the tenns 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 23 th day of August, 2004. Barbara A. Peterson, Mayor Property Owner( s) · ~T.,,_~ Applicant( s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF ni.t:tlTY COUNCIL NO. . ~ 2 2 Jt . /Sf ( _ {::aVt/ot-."' The foregoing instrument was acknowledged befo:e me on this ~--day of ·~P~t, 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public <i (l T~e foregoing ~nstrument was . acknowledged bef~re me on this /_. day of c:~p{:Qmbo., '; 2004 by Lmda S. Vee, City Clerk of the City of Orono, a M1m1esota municipal corporation and said instrument was executed on behalf of the City. 0 o&-.··yZ-- Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF "(jiE CITY COUNCIL NO. ~ 22 1 . This instrument was acknowledged before me this Lt-day of ~ ~ v , 2004 by Steven R. Benson, a single person. STATE OF MINNESOTA COUNTY OF HENNEPIN NotaryPublic This instrument was acknowledged before me this !l_ day of SQf?k~, 2004 by Sherri Jean Strelow-Lundblad, wife of Dean Thomas Lundblad. . DENISE M. LESKINEN NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31, 20C5 $ ,,,,-;:,a:;:~~~.:<. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this /7 day of .S?fk,-,,ber ' 2004 by Dean Thomas Lundblad, husband of Sherri Jean Strelow-Lundblad. · DENISE M. LESKINEN , NOTARY PUBLIC. MINNESOTA . ·, My Commission Expires Jan. 31, 20C5 m ;";:~~.·:~e®?-~,?r.;c."1_:--_:.?.~~:) L~-- Notary Public Page 5 of 5 ... ~ C\l lQ ...-... • w > <( < I 0 . z (ii N II I <( • '-1'1 HENNEPIN COUNTY, MINNESOTA 50 ·1- i 11! w ····················<·····1 w DRIVEWAY! & CONC. : S 88°51' 00" E ' :ro :m ' D A/c _PAD [! TO BE : REMOVED l . ········cs--·•.. ~····· ~ EXISTING I-~ .') ]····· ~ HOUSE 0 .. / / #1290 (.I] -r.:-·· 15 4: ... •·· ········'··········~~ .... _.... .-' c::::::: .... J;~~~~~~~;;~:LL...L..L...d, Q '-" 8 135.38 CRYSTAL BAY MTKA. 135.60 MEASURED A 1000' SETBACK LINE··········¥ t / ~ / ~-~ / . / ~~ [! .········l.11·'··· ., / -0WELL 'i I 19.33 L-"' ---. ---/ ____ _ ,, I · · O r· / -0 00 / I I I I I /4 I . r- :.J ;i ,-; :::; )- af I# ~ :::> ~ (/) C/J i:5 )-:::; ff Oo l.{) C\J . . T"-T"- 0 o T"-- ~ • D OJ [! 0 -PROPOSED BITUMINOl)S DRIVEWAY PROPOSED 0 STEPPINGO O / sr~s J ~ Li. ......... C"-l 0 0 "t"- 0 <( z 50 ' u ti Iii:• 0 g 0 g GARAGE 19.33 ................ ,.,.,.., ........ .,. -r-,-..... , ...................................... --------~ N 88°43' 50" W i It 7 // I G ~ EXISTING SHED •• t~D. CONCRETE-·•··· BE REMOVED 1 1 9 • 2 6 MEASURED 118.90 CRYSTAL BAY MINNETONKA ra □VC:T 8. I ~ \I i=-~I I I ~ ... ... ~ ... "' T"- 0 0 - U) I""'\ t> !<') cri ,.,