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Home My WebLink About11-3520 Recorded Resolutionr 13�6 AOLIICw�.Gzn�. Doc No A9874485 Certified, filed and/or recorded on 11/19/12 12:00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Doc Name: Variance Document Recording Fee Document Total Pkg ID 887735M This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO.11-3520 i RESOLUTION OF THE CITY COUNCIL NO. 6074 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 11-3520 WHEREAS, Harold Wingerd and Sandra Wingerd, a married couple (hereinafter "the Applicants") are the owners of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as All of Lot 20 and that part of Lot 21, Block 1, Baldur Park, described as follows: Beginning on the meander line at the northeasterly corner of said Lot 21; thence northwesterly on said line a distance of 50 feet to the northwesterly corner of said Lot 21; thence southwesterly on the northwesterly line of said Lot 21 a distance of 23 feet; thence southeasterly to a point on the southeasterly line of said Lot 21, 66.5 feet southwesterly from said northerly corner; thence northeasterly on said southeasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (PIN 08-117-23-31-0005) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 15, 2011 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 11-3520. Page 1 of 5 �� RESOLUTION OF THE CITY COUNCIL NO. 6®�4 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2011 and recommended approval of hardcover variances based on the following fmdings: a. The Property contains 11,971 s.f. (0.27 acre) in area and has 60 feet in width at the southwest OHWL and 100 feet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicants' proposal will orient their driveway directly from Baldur Parlc Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the northwest. i. The Applicants have provided a plan which meets the minimum hardcover required for driveways and sidewalks. j. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. Page2of5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 6®?4 4. The City Council has considered this application including the findings and recommendation 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 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 practical 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 variance to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan vvhich are not in conformity with City codes will require .further Planning Commission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 1,210 s.f. of hardcover (32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f of hardcover (53%) within the 75'- 250' zone. 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. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. Page 3 of 5 � 1' RESOLUTION Wr THE CITY COUNCIL 5. 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 and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 12, 2012). 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. The undersigned Applicants have read, understand and hereby agree to the terms resolution and on behalf of the Applicants and the Applicants' heirs, successors and h 616 .1a; ee to the recording of this resolution in the chain of title of the Property. 3`r'y;YQ�f-y:•s�r:�`*4'do��,ed b..the Orono City Council on the 12th day of September, 2011. e %•?' fit` ''FI?`l,'L ;i:: - •'�' •� ',-, i`i�•vf; .di F ow SSLr .shy .f'r`• lu 7 ee; Oty Clerk Lili Tod McMillan, Mayor %��^xt�,t �.y1�=�. t•E Property wner Property Owner of this assigns, All Jj STATE OF MINNESOTA RESOLUTION OF THE CITY COUNCIL No. 6074 COUNTY OF HENNEPIN 20 I Z This instrument was acknowledged before me this 6 day of d Ue1)? , N 1, by Harold Wingerd, husband of Sandra Wingerd. MONICAA. FADNESS NOTARY PUBLIC -MINNESOTA PAy Commission Expires Jan. 31, 2017 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN A 1 2p1 2� This instrument was acknowledged before me this day of /Vd&dO , 2)1,k, by Sandra Wingerd, wife of Harold Wingerd. °y�-�.. MONICAA. FADNESS _ _ � NOTARY PUBLIC - MINNESOTA �., My commission Expires Jan. 31, 2017 ic Notary Publ Page5of5 a4i /c4zl T A CERTIFICATE OF SURVEY FOR HAROLD 8c SANDIRA A. IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" HENNEPIN COUNTY, MINNESOTA �000 `�\ `boo\ / 6, / O �V LOT 211 cc)/ REFORMED 12' DRIVEWAY•;;.. •••• / EASEMENT PER DOC. NO. / 2518347t NO LONGER VALE) ,yp / PER COURT FILE NO. 27-CV / 07-23042 DATED 4-12-09 ! tp LEGAL DESCRIPTION OF PREMISES All of Lot Twenty (20) and that port of Lot Twenty One (21�, Block One (1), Baldur Pork, described as follows: Beginning on the Meander line of the North— easterly corner of said Lot Twenty One (21); thence Northwesterly on said line 0 distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21); thence Southwesterly on the Northwesterly line of said Lot Twenty One 21 0 distance of 23 feet; thence Southeasterly to a point on the Southeasterly ine of said Lot Twenty One (21). 66.5 feet Southwesterly from said Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. o denotes iron mocker denotes existing spot elevation, mean sea level datum 910.8 : denotes proposed spot elevation, mean sea level datum — -917- —: denotes existing contour line, mean sea level datum —19=r•--: denotes proposed contour line, mean sea level datum Bearings shown are based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house, garage, deck and driveway, the location of all eristing "hardcover", and the proposed location of a proposed 'driveway thereon. It does not purport to show any other improvicements or encroachments. DADATE 1-172A WINGERD ®�, 4 RECEIVED SEP 0 /� Zo 11 00 LAKE CITY OF ORONO MINNETONKA s =r E L ' DECK o' WM a�f c'{, 'sa 1� • tx EwsTNG GARAGE sp. 929.4 CONTOUR ' LINE PoS MEANDER t E AS 62 2�r : ' V BALVat PARK AT a` t07 zi DECK ? DO0 ^fir 6P EXISTING HOUSE # 1376 s t, z� Ei lb i -20 0 20 40 60 S C A L E I N F E E T G or urber m t supervision o,W that � om ° dJy 1"-20' taws of the Slate f Mimesota pA� (:(1NCTTT.TTN(: F.NrSTNF.FRS_ T.ANn 6-27-11 ii-172A This survey intends to show the boundaries of the above described property, the location of an existing house, garage, deck and driveway, the location of all eristing "hardcover", and the proposed location of a proposed 'driveway thereon. It does not purport to show any other improvicements or encroachments. DADATE 1-172A WINGERD ®�, 4 RECEIVED SEP 0 /� Zo 11 00 LAKE CITY OF ORONO MINNETONKA s =r E L ' DECK o' WM a�f c'{, 'sa 1� • tx EwsTNG GARAGE sp. 929.4 CONTOUR ' LINE PoS MEANDER t E AS 62 2�r : ' V BALVat PARK AT a` t07 zi DECK ? DO0 ^fir 6P EXISTING HOUSE # 1376 s t, z� Ei lb i -20 0 20 40 60 S C A L E I N F E E T G or urber m t supervision o,W that � om ° dJy 1"-20' taws of the Slate f Mimesota pA� (:(1NCTTT.TTN(: F.NrSTNF.FRS_ T.ANn 6-27-11 ii-172A G or urber m t supervision o,W that � om ° dJy 1"-20' taws of the Slate f Mimesota pA� (:(1NCTTT.TTN(: F.NrSTNF.FRS_ T.ANn 6-27-11 ii-172A n 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 September 12, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. Cs v4 )IJ C: 3f 4r Izt twN' kti ml t;. WITNESS my hand officially as such City Clerk and the Corporate seal of the hisi .13t" day of September , 2011. Rai City Clerk