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Home My WebLink About#3229 Recorded Resolution 552511111111111111 1111 II Doc No 8886373 11/01/2006 09:31 AM Certified filed and or recorded on above date: Office of the County Recorder .. ;. · . · Hennep in County , Minnesota . • .. . Michael H. Cunniff, County Record ~r -·: -•: · · TranslD 266479 <. · •_\_ ,··.; ,,: '· _/;·,!1lf . I ~i ; : : '.· '.. :_i, ·. (; ·. 'I . i'.:. -'.•'· oi -~--z1.11 li_s 0 +i 5s-z.r Dep · ty 5 Fee 1 $35.q0 DOC $10.5~ ~UR $46 .0 t al A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-568 AND DENYING AV ARIAN CE TO SECTION 78-570(4) FILE NO. 06-3229 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 2 J A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-568 AND DENYING A VARIANCE TO SECTION 78-570(4) FILE NO. 06-3229 WHEREAS, Christian Family Church and World Outreach Center Inc., a Minnesota non-profit organization (hereinafter "the applicant") is the owner of the property located at 560 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 4, In Kitchel's Subdivision of Government Lots 5 and 6 in Section 22, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest comer of said Lot 4; thence running north 300 feet; thence at right angles East to the easterly boundary line of said Lot 4; thence southwesterly along said line to the shore of Lake Minnetonka; thence Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a lot area variance to Orono Municipal Zoning Code Section 78-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3.33 acres of total lot area where approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is nmmally required; and for a side setback variance to allow construction of a covered porch 46' from the side lot line where a 50' setback is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #06-3229. 2. The property is located in the RS, Seasonal Recreational District, which requires a minimum lot area of 5 dry buildable acres. The property is 3.33 acres in total area with approximately 1.1 acres of dry acreage. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 2 5 3. The Plaiming Commission reviewed this application at a public hearing held on September 18, 2006 and recommended approval of the lot area variance but denial of the side setback variance based on the following findings: a. The lot was legally created prior to adoption of the cu1Tent RS, Seasonal Recreational District standards. b. A structure can be built on the lot meeting the required 50' lot line setbacks (to the north and west) as well as wetland, septic and lake setback requirements. c. The property has suitable primary and alternate 3-bedroom septic sites available. d. The property contains an adequate buildable envelope in which to construct a confom1ing structure, ai1d there is no reasonable justification or sufficient hardship to support the granting of a side setback variance for the enclosed porch. 4. The City Council has considered this application including the findings and recommendation of the Planning Conm1ission, repo1ts by City staff, comments by the applicants and the public, and the effect of the proposed variai1ces 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 prope1iy in this zoning district; that granting the lot area 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 spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. --S-5~2......,f1-·' - 6. The City Council finds that there is insufficient justification to allow the granting of a side setback variance, and the granting of such a variance would merely serve as a convenience to the applicant and would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a side setback variance for a 4' structure encroachment of the required 50' side setback; and grants a· lot area variance to Orono Municipal Zoning Code Section 78-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3. 3 3 acres of total lot area where approximately · 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. All setbacks, hardcover, structural coverage, and septic requirements and setbacks must be met. No variances other than lot area shall be granted for construction on this lot. 3. This resolution shall also act as a covenant preventing a structure larger than 3- bedrooms. In signing this resolution, the applicant agrees to limit the structure to 3-bedrooms in order to comply with the 3-bedroom capacity septic sites available on the lot. The applicant also agrees to preserve the primary and alternate 3- bedroom septic sites and prevent them from destruction either during construction of the cabin or future development on the lot. 4. Authorities granted by this resolution run with the prope1iy not with the applicants, but are permissive only and must be exercised by obtaining a building pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (October 23, 2007). Page 3 of 5 CITY of ORONO RESOLUTION OF TH! CITY COUNCIL NO. O .5 2 S . 5. Violation of or non-compliance with any of the te1111s 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 applicant has read, understands and hereby agrees to the tenns of /i', this resolution and on behalf of the applicant and the applicant's heirs , successors 1:'.)·~. and assigns, hereby agrees to the recording of this resolution in the chain of title _:/ 1 :'.) .-./ of the property. '.,:J,.:, tt ~ ~~-\J·:.'"' .·_:,{ ,/ /}f . )Adopted by the Orono City Council on the 23 rd day of October, 2006 . r:F ·:·./:\t_;;>· . ··cJ ·,· :t ~r-. -·;,' '.. · · A:TTE'S-T: ., .;; ,.r:/\/;{t , -·.·.::,>.'-. . >W .. •, • : .ii • _,~:~•• /J ,I /}, • -~ n . <~.:....:~;{:' ~t ?-{/~ ~ . ·,,.., ·-.'.'•. L1nd'a S . V,ee, City Clerk Barbara A. Peterson, Mayor -~h3F;;tfdr~~~:: --· ,,; .. J>r9 f5 e¼fY..9wner( ) f·:. ~~\ it ,:,;: . /',:,,:,;: ."····. ·:i.\~/ Page4of5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. --s'"""'"_s.....,2---s -- J ,._{) {) The foregoing instrument was acknowledged befo~e me on this o2]__"_ day of U'Jb. , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Mmnesota municipal corporation and said instnunent was executed on behalf of the City. ~7~~ Nl/~ ~ }; l' ,t iitil l f'u hll o-M ln nesota v I t~c~;u·E ~j STATE OF MINNESOTA .,.,;~;J.~~~~~ COUNTY OF HENNEPIN ((\ The foregoing instnunent was acknowledged before me on this ;?lf/ia y of l>' e.+'-'bv\ 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RA CHEL DODGE NOTARY PUB LI C -MINNESOTA M11 Comm iss ion Expires Jan, 31, 2010 ~~~-?eee®•~e STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was aclmowledged before me this 2-L/ day of C 'lc.-t-obe_r , 2006 by T;.'\LO~ v, 11t e S QQ ' the 9-:iz..s,c\-Q f\.T •v Se{\10 [ Pc'-s-+or of Christian Family Church and World Outreach Center Inc., a Mi1mesota non-profit organi :;~;;:~j;_;::~;::he non-profit organi~~------- My Commission Expi re s Jan, 31, 2010 Notary Public Page 5 of 5 0 ~- ~Vt(.,,,·-O OJ-.) r:)Cltiw,r A- 30 60 -F''' f "''t !=,. 1 "i9 ~ SCALE IN FEET 120 I 9 'f' ~l-ft-OArJ~ . .>br .:81'-J[ fl~Dl"-CI+ /l\JTTJ C'f11'2.;,A-C K--f- )POSED ELEVATIONS OP OF FOUNDATION= 957.5 <\SEMENT = 948. 7 )OK OUT = 951. 7 BOUNDARY & TOPOGRAPHIC SURVEY FOF TIMOTHY PETERSON IN LOT 4, KITCHEL'S SUBDIVISION OF GOV'T LOTS 5 & 6, SEC. 22-117 a23 HENNEPIN COUNTY, MINNESOTA 'SWcomerollot ◄ puTorron; C11.u No. <1229 LAKE MINNETONKA 5 5 2 S I. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, ce1iifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October -2.1__, 2006, with the original thereof on file in my office, and the same is a con-ect transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 24th day of October , 2006. City Clerk