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Home My WebLink About#15-3748 Recorded Resolution 6523, Doc No A 10488354 Certified, filed and/or recorded on Oct 5, 2017 1 :06 PM Office of the County Recorder Hennepin County , Minnesota Martin McCormick, County Recorder Mark Chapin , County Auditor and Treasurer Deputy 129 Pkg ID 1606689E Document Recording Fee $46.00 Document Total $46.00 Thi s cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUT I ON OF T H E C I TY COUNC I L 6523 NO. _________ _ A RESOLUTION GRANTING VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-305 -78-1403 -78- FILE NO. 15-3748 WHEREAS, John B and Sherri A. Thiesse , Husband and Wife, {hereinafter "Owner") is the owner of the property located at 3855 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Lot 063, Auditors Subdivision No. 203, Hennepin County, Minnesota EXCEPT that part thereof contained within HENNEPIN COUNTY AND STATE AID HIGHWAY NO. 84, PLAT 91, Hennepin County, Minnesota, according to the recorded plat thereof, (hereinafter "the Property"); and WHEREAS, Sharratt Design and Construction, LLC, (hereinafter the "Applicant") on behalf of the Owner, has made application to the City for a variance from Orono City Code Section 78-305 in order to construct a new residence on the Property consisting of 37.45 feet of width and 0.2 acre in area where 2.0 acres in area and 200 feet in width are required; WHEREAS, the Applicant, has made application to the City for variances from Orono City Code Section 78-305 in order to construct a new residence 12 feet from the rear, street lot line where a 50 foot setback is required; 7 feet from the north side lot line and 10.3 feet from the south side lot line where 30 foot setbacks are requried; and WHEREAS, the Applicant, has made application to the City for a variance from Orono City Code Section 78-1403 to permit 2010.53 sq ft (22.42%) of structural coverage where 1500 sq ft ( 16. 7%) sq ft is permitted and 2 ,009.5 sq ft currently exists; and WHEREAS , the Applicant, has made application to the City for variance from Orono City Code Section 78-1700 to permit 3,107 sq ft {34.66%) sf of hardcover where 2 ,241 sq ft (25%) is permitted and 3,475 sq ft (38.7%) exists; 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 June 15, 2015, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page lofS Minnesota: CITY OF ORONO RE SOLUTION OF THE C ITY COU NCIL 6 5 2 3 NO. _________ _ NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #15-37 48. 2 . The Property is located in the LR-1A zoning district, where 2 .0 acres is the minimum lot area and 200 feet is the minimum defined lot width. 3. The Planning Commission reviewed this application on June 15, 2015. The Planning Commission voted 5 for and O against on a motion to approve the variances for the new home based on the following findings: a. The Property has approximately 37.45 feet of width and 0.20 acre in area. b. The Owner proposes to connect the new home to City Sewer. c. The Owner proposed to construct a new single family home on the Property. The variances are in harmony with the general intent and purpose of the Ordinance . d. The variances are consistent with the comprehensive plan . e. The Owner has established that there are practical difficulties. f. The Owner proposes to use the property in a reasonable manner not permitted by the official controls. g. The size and width of the Property are circumstances unique to the Property not created by the Owner. h. The Owner's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. i. The special conditions applying to the structure or land in question are peculiar to the Property or immediately adjoining properties. j . The granting of the application is necessary for the preservation and enjo yment of a substantial property right of the Owner. Pag e 2 of 5 CITY OF ORONO RESOLU TION OF TH E C ITY COUNC I L 6 523 NO. _________ _ k. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. I. The granting of the requested variances will not merely serve as a convenience to the Owner, but is necessary to alleviate demonstrable difficulty. m. The variances to redevelopment of the Property will alleviate a practical difficulty inherent to the Property and not created by the Owner. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 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 Owner, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owner; 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 the above findings, the Orono City Council hereby grants variances from Orono Orono City Code Section 78-305 in order to construct a new residence on the Property consisting of 37.45 feet of width and 0 .2 acre in area where 2.0 acres in area and 200 feet in width are required; and variances from Orono City Code Section 78-305 in order to construct a new residence 12 feet from the rear, street lot line where a 50 foot setback is required ; 7 feet from the north side lot line and 10.3 feet from the south side lot line where 30 foot setbacks are requried; subject to the conditions listed below: 1. Council approval is based on the survey and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. Page 3 of 5 CITY OF ORONO RESO LUTION OF T H E C l TY COUNCIL N 0. __ 6_5_2_3~_ 2. The project shall conform to all other applicable setbacks and other zoning requirements. 3. Structural coverage is proposed at 2011 sq ft and shall not increase above that unless allowed by Code. 4. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 13, 2016). 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 6 . The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of their 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 13th day of July, 201 5 . ATTEST: Lili Tod M c Mill a n, Mayor Page 4 of 5 Property Owner ✓ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUT I ON OF THE C ITY COUNC I L 6 5 2 3 NO. ________ _ 11 This instrument was acknowledged before me this ,2,7 day of .J IA 4 20)0 on behalf of John B.Thiesse, husband of Sherri A Thiesse . by MON ICA A. FADNESS 1--. J NOTARY PUBLIC -MINNESOTA o.., _ .. ,.,'/. U v Commission Expires Jan . 31, 2021 ~.td.. "'1 STATE OF MINNESOTA COUNTY OF HENNEPIN ~4,~ Notary Public This instrument was acknowle dged before m e this O'{ D day of ~ Sherri A . Thiesse, wife of John B . Thiesse. , 2011. by JiJd ~uc_,a .~ Nota~ Public Page5of 5 ....J 0~ Z o6 ;I ~ 130 ~ ~alel In feet r 0 ~ ~ ~ Qo CN ~6 ~ ~ ~ ::, ....J u~ U-J d 0 z ~ • 0.-iotN Iron Mllll'l~t Fcuut 60 -?.:' .. ::~\- ~, ,, ',, , ' / / ,,. f'rg.,.w-ty SurvsytJd RECElVED JUN 0'1 'LO\:i CllYOf ORONO Lot 63, AUD[TOR'S SUBO[VlS[ON NUMBER 203, H~nnepln County, Mlnn~soto; EXCEPT that port thereof contained wi th in HENNEPIN COUNTY STATE AID HIGHWAY NO. 84, PLAT 91, Hennepin County, Ml nnestoo, oocordl n~ to the recorded p l ot thereof. i3t~:f ::; ICH:: : .. /:-~ f-~ [)I\·-~{~; f:!::}:~ ~ . .-', I~ .;: .... ,~ I : i l: ,~ ,, wf ~ I --·-~---• 'II I ,r •ot, '• _\V ? -..; I ___ ..__.. ..,. .,... ,.., I <:. I ,,;'.. '.tf ,-. '- : ,.;,:,;•·, , .. ,,, ~ , IJ-,, o ~ I ., •• : ftj ._ 1". ... : ,,(,.:··-" t':<.: ~ .......... ~ l: z ... • I •• ., ,,('•, :,• ,iY ,,,, r -iu•0 •• •.:•.·,· ..,...._ ,,.... i::..=-ol:, -, lakB Mlnneblks -1~ ~:-:·· 0 ,.,.,,.. 0~ ----... V1-". . 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I \ " "-~ .. 0 ~ ~ Rf ~ ~ 0 o o m ;;o ~ < o = m z :::.; 0 .o * C ITY OF ORONO RESOLUTION OF THE C I TY COUNCIL 6 5 2 3 NO. _____ _ * l ) 1 .Q CITY OF ORONO RE SO LUTI O N O F THE C ITY C OUN C I L 6 5 2 3 NO. _____ _ I • ' ST A TE 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 July 13 , 2015 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 3 rd day of October, 2017. ~~----Anna Carlson, City Clerk (seal)