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Home My WebLink AboutResolution 4579 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES O APR 0 2 2001 0 • - p Y MINN. CITY of ORONO DEPUTY RESOLUTION OF THE CITY COUNCIL % 9 4�kE . 1. 5 r�SHD NO � CJ r• A RESOLUTION GRANTING VARIAINCES C° TO MUNICIPAL ZONING CODE Q� SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (L) (1) FILE NO. #2623 WHEREAS, Fred A. Johnson (hereinafter "the applicant") is owner of the property located at 1926 Fagerness Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached hereto as Exhibit A (hereinafter "the property"); 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 November 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has revised a variance application to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit 1,500 s.f. of structure within the 75' protected lakeshore setback to Lake Minnetonka where no structure is permitted, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,079 s.f. (26`0) of hardcover within the 75' Lakeshore setback where no hardcover is permitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2623. 2. The property is located in the LR-1C ('/2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 20, 2000 and recommended approval on a vote of 6 to 0 for variances based upon the following findings and hardships: Page 1 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A. The existing house and deck are located only a few feet from the lakeshore. Removal of the house and construction of a new house would leave a setback of an average of 30' to the house. Locating the house further from the street would not allow for an adequate setback to the street. 30' is the required setback to the street. The proposed setback is 20'. 20' allows space to back out of the garage into the driveway without backing a vehicle directly into the street, and would provide off street parking for the property. B. The lake and street setbacks would be consistent with those approved for the two adjacent properties. Both properties are located entirely within the 75' lakeshore setback. C. The hardcover variance is required as the entire lot is located within 75' of the lakeshore. The proposed hardcover would include up to 1,500 s.f. for the house. Additional hardcover would be required for the sidewalk connecting the driveway to the front entrance and the front steps. 4. 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 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 spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit 1,500 s.f. of structure within the 75' protected lakeshore setback to Lake Minnetonka where no structure is permitted, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,079 s.f. (26%) of hardcover within the 75' lakeshore setback where no hardcover is allowed subject to the following conditions: 1. Applicant shall apply for a demolition permit and remove all existing structures and hardcover prior to issuance of a building permit for a new structure. 2. Applicant shall provide 3 original copies of a revised survey showing the building plan and all proposed hardcover. Such site plan/survey shall be in substantial conformance with the attached approved site plan attached hereto as Exhibit B. 3. The surveys shall also indicate the lowest floor elevation for the new residence to determine the house will be located 3' above the OHWL (929.4'). No land alteration can occur below the defined flood elevation of 931.5'. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 11, 2001). 5. Violation of or non-compliance with any of the terms and conditions of this variance 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 applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 ' A O O i b CITY of ORONO RESOLUTION OF THE CITY COUNCIL \ S Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held.on the 11th day of December, 2000. Ar? i9t �; ylY Fin 0 r.... r.:..... �'-�.. r \ ;pity Clerk Gabrie Jabbour, Mayor Pro ty Own r (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of December, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf RACHEL DODGE NGTARY PUBLIC-MINNESdTA (,ry Wy Cprm*won Expires Jam.31.2006 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of + ►�r L, r�� 20 before me a Notary Public within and for said county, personally appeared < < i ;„ „ ,,_1 i� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. KNOT,= q- --- SOTA Notary Public 31,2005 Page 4 of 6 EXHIBIT A 45 '79 CERTIFICATE OF:TITLE NO. 775442 That part of Lot 27, Fagerness and the accretion therto described as follows: Commencing at a point on the Southerly line of Under the Linden Avenue which point is distant 75 feet Northeasterly from the Southwest corner thereof; said point being marked by the judicial landmark; thence Northeasterly along the Southeasterly line of Under the Linden Avenue a distance of 100 feet which point is marked by a judicial landmark; thence South 34 degrees 14 minutes East a distance of 69 feet which point is marked by a judicial landmark; thence continuing South 34 degrees 14 minutes East a distance of 6 feet more or less to the shore of Lake Minnetonka; thence Southwesterly along the shore of Lake Minnetonka a distance of 97.7 feet more or less to its intersection with a line which bears South 33 degrees 48 minutes East from the point of beginning; thence North 33 degrees 48 minutes West a distance of 8 feet more or less to a point which is marked by a judicial landmark; thence continuing North 33 degrees 48 minutes West a distance of 64 feet to the point of beginning. For purposes of this description the North line of Fagerness is assumed to be a due East and West line. Subject to the reservation by the State of Minnesota of all minerals and mineral rights in and to the said Northeasterly 100 feet of the Southwesterly 175 feet of said Lot 27; Page 5 of 6 EXHIBIT B 4- 5 79 /% . TR U CcT (•T o � '� L � N��t� A�E ate ER THE of unaee UND _ — e a Edo` of gitumino�s M �p,en Gn° ,�SZhe �nden ve� R�99 •�� - 1 �,� pole 'Pont Beginning. o'N50-43 00 E o gr0 r STEP o monument J 9.2 N '� ;,tial Londmorli surface) v o Pipe �A° ''c N (p :$tic Cap �° ` bo 16.1 ' �rn1 ?•P, E'c"""iy I CrE t 6.2 M 102 b CA MID& 16.1 CL ig _ l l Wit. � j e, ■ 't a survey Line _ •_ _ ,;_ -� ````—� l (✓`�,�a , c, Bch `keu -7 -�'� �r10�•�7 � u/� 7q / 7 A. x , ESN �� R'PRop + 0i4 10/ 17 ape , _ _ — S53°29'�W �L D"Ok top slope. Edge / 50 t+ — f _ ....... .... — — r \L - shoe Line LAKE MINNETONKA 929.27 q Wates Elevation 2004) A �p�ril 27, Page 6 of 6 .33'73998 )U57 (,357 OW.CE OF THE REGISTRAR G OF TITLES HENNERN COUNTY,MINNESOTA CERTIFIED FILED ON APR 2 2001 RE S T RAR(YF TITLES D PUTY I So P� Lv�