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Home My WebLink About#07-3323 Recorded Resolution 57011·H1S DOCUMENT ~,.;;; REG:STERED II II 1111111111111111 Doc No 4472735 02/26/2008 10:00 AM Certified filed and or recorded on above date : Office of the Registrar of Titles Hennepin County , Minnesota Michael H. Cunniff, Registrar of Titles TranslD 376359 New cert Cert 1207154 ZID B!J J,~lo~ (57 ,3323 Deputy 45 Fees $1 .50 AF $10 .50 STATEFEE $34 .00 TDOCFEE $0.00 TSUR $46 .00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-570, 78-571 AND 78-573(1) FILE NO. 07-3323 CITY of ORONO RESOLUTION OF THEflJYfOUNCIL NO. ;J I u ' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-570, 78-571 AND 78-573(1) FILE NO. 07-3323 WHEREAS, Judson K. Champlin and Aleya R. Champlin, husband and wife, (hereinafter "Owners") are the owners of the property located at 210 Big Island within the City of Orono (hereinafter "City") and legally described as: Lots 21 to 24 inclusive, that part of Bay Place vacated lying East of the Easterly lines of Lots 21, 22, 23, And East of a line drawn from the Southeasterly comer of Lot 21 to the Northeasterly comer of Lot 20 and lying North of a line erected perpendicular to the last described line at a point thereon 15 feet Southerly from the Southeasterly comer of Lot 21 and extending to the shore of Lake Minnetonka, all in Morse Island Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Structures Unlimited has made application on behalf of the Owners to the City for variances to Municipal Zoning Code Sections 78-570 and 78-571 to allow constructiuon of addition to the rear of the existing cabin and a second story over the entire cabin when the cabin and most of the addition are within the 75 foot lakeshore setback where no hardcover is allowed; and WHEREAS, Structures Unlimited has made application on behalf of the Owners to the City for a variance to Municipal Zoning Code Section 78-573(1) to allow the addition to be constructed on post footings rather than a perimeter foundation; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 15, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3323. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL h 7 r, -; NO. d I u : 2. The Property is located in the RS zoning district, where 5 acres is the minimum lot area and 200 feet is the minimum lot width. The Property is approximately 1.02 acres in area and 196 feet in width. 3. The Planning Commission reviewed this application on October 15, 2007 and on a vote of 6 -0 recommended approval of the variances, based on the following findings: a. The horizontal expansion will be to the rear of the existing structure and will not be visible from the lake. b. The vertical expansion will resemble a half-story. c. The Owners are willing to install shrubbery across the front of the cabin to visually reduce the height of the structure. d. The Owners are willing to install rain gardens to promote infiltration of roof runoff. e. The existing cabin is on a post foundation. It is best that a building have only one type of foundation. The post foundation is structurally equivalent to a perimeter foundation and because of the skirting will be visually indistinguishable from a perimeter foundation. f. The project will create less disturbance of the site than removal of the existing cabin and construction of a replacement cabin at a conforming location with a conforming foundation. 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 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 Owners but are necessary to alleviate a Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _____ h...._-;_-__ ?_i._.0 _"'_ demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; 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 to Orono Municipal Zoning Code Sections 78-570, 78-571 and 78-573(1), subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A, B and C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 1,256 s.f. or 6.21% per the proposed site plan and the hardcover allowance summary as depicted on Exhibit C. This hardcover shall be subtracted from the allowed hardcover in the 75 to 250' zone. The owners are advised that any future requests to increase hardcover in the O to 75' zone or change the nature of approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The Owners shall install and maintain rain gardens to accommodate 100 percent of the roof runoff for the average rainfall year. 4. If erosion control measures are necessary within the non-rip rap area noted on the site plan detail (Exhibit C), native plantings shall be used rather than rip- rap. 5. A buffer meeting the standards of City Code Section 78-1605 shall be established within the area noted on the site plan detail (Exhibit C). This buffer shall be protected by a conservation easement. The Certificate of Occupancy shall not be issued until this easement is provided. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 7 Q . 6. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. This plan shall include a legal description of the buffer area. Any deviation from the approved plan may require Planning Commission and/or City Council review . 7. Owners -shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 8. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before December 10, 2008 or the variance will expire on that date. 9. 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. 10. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their 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 this 10th day of December, 2007. ATTEST: ~~-ud£, ~White,Mayor Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL G 7. 0 1 NO. ______ _ / C/-f/1 This instrument was acknowledged before me this __ day of 2007 by Judson K. Champlin, husband of Aleya R. Champlin. RA CHEL DODGE l~OTARY PUBLIC -MIN NESOTA My Com mission Expir es Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN '6 This instrument was acknowledged before me this Gf° Y' day of ~J.-~/ 2001 by Aleya R. Champlin, wife of Judson K. Champlin. RACH EL DOD GE NOTARY PUBLIC -MINN ESOT A My Commission Expire s Jan. 31, 20 10 ~WOooef=- Notary Public Page 5 of 5 •:,J d ~,:,:,., ,, "-i, OJ) Q 0 Q "" ·~ 6' (' 6 ~1.)4 9~,? 9:10 ."1-c.'d .,, -;_;. ;•43 qA2 f:01 ~J .9-,y ,;i"' Lot ~ ,o .... '\·5, 9:>D :ii ., I N B4°5~'00' E 20B.~ ' '}0"' _.,.,..,J\f-'1;.~/ I I I T.\",!.• .. ff,' / ~ :,.~'-"':,' ', 'I) I • 0), jh'>'/46,. . ,.;·; I ,e-,~~•li,1: /;-,)~!,~: t .. ~-(3~,. '\/ (.) ~ ~~~;$;~IC) /·i; 0\0) ~ ;! q-~.,~-,.. 22:t .. 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Ot1WL:t 929...:i: . 1 15.0() 1 N 81 o27'33" E t I I !:_roposed Hardcover 0-75' = 20, 18(; sq ft+ Budding = 702 sq ft± Proposed Add1t1on = I 24 sq Deck ~ Steps = 3(;9 sq ft± ~II Area= 30 sq ft+ I9tal Covera9e = I , 2 5G Percentage= 6.07% - _:'!oposed Hardcover 2'-250' = 21-:"7(;(; sq ft~ Proposed Addition = I 23~q Shed Area = 98 sq ft± ~II Area = 98 S:j ~ + I£tal Covera9e = 3 I 9 s 9 f~ Percentage = I . 4 7% \ ST ATE 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 December 10, 2007, 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 14th day of December , 2007. City Clerk (seal)