HomeMy WebLinkAbout#3057 Recorded Resolution 525711111111 11111111 1111
Doc No 8500564 12/30/2004 1 :05 AM
Certified filed and or recorded on bove date:
Office of the County Recorr er
Hennepin County, Minnes ta
Michael H. Cunniff, County R corder
Deputy 55 TranslD 84 71
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 7
A RESOLUTION GRANTING AV ARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-568
FILE NO. 04-3057
WHEREAS, Don E. Henderson and Judy A. Henderson, husband and
wife (hereinafter "the applicants") are the owners 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 No1ih, Range 23 West of the 5th Principal Meridian,
described as follows: Commencing at the southwest comer of said Lot 4; thence
running n01ih 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 Mi1metonka;
thence N01ihwesterly along said shore to the point of beginning, all on Big Island,
Lake Mi1metonka, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have 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 normally required.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Mim1esota:
FINDINGS
1. This application was reviewed as Zoning File #04-3057.
2. The prope1iy is located in the RS, Seasonal Recreational District, which
requires a minimum lot area of 5 dry buildable acres. The applicants'
property is 3.33 acres in total area with approximately 1.1 acres of dry
acreage.
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. The Planning Commission reviewed this application at a public hearing
held on November 15, 2004 and recommended approval of the lot area
variance based on the following findings:
a. The lot was legally created prior to adoption of the current 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.
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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
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:
Page 2 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 2 5, '';l
1. Council approval is based on the site plan submitted by the applicants 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 fmiher Planning Commission and City Council review.
2. No specific site plan is approved with this request. All setbacks, hardcover,
structural coverage, and septic requirements and setbacks must be met (the site
plans existing within the staff report were used only as an illustration of the
potential buildability of the lot). No other variances 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 applicants agree to limit the structure to
3-bedrooms in order to comply with the 3-bedroom septic sites available on the
lot. The applicants also agree 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. The applicants are also advised that a separate land use approval may be
necessary to access a dock through delineated wetland, and a dock cannot be
constructed until the existing moratorium has lifted and standards are in place for
regulated dock access through a City protected wetland.
5. Authorities granted by this resolution run with the prope1iy not with the
applicants, but are pennissive 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 (November 22, 2005).
6. Violation of or non-compliance with any of the tenns and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
te1111inate any authority granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 2 5 7
Adopted by the Orono City Council on the 22 nd day of November, 2004 .
ATTEST:
. Barbara A. Peterson, Mayor
c~~
PropertyOwn~
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ~ ,fi ~,
The foregoing instrument was acknowledged before me on this •~:t_ day of
lJov. , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
rirnnicipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 3~day of
/,lJov-e,111./-:)VL , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mi1mesota
municipal corporation and said instrument was executed on behalf of the City .
.,-~dRP 3 2 22 5 ?'&:=-~~•:;1~
RA CHEL DODGE ~
I' '1 ,. , )' rusuc • MINN ESOTA :
, Cc·mmiss io n Expires Jan. 31, 2005 fi. • I
Notary Public
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Page 5 of 6
State of Minnesota )
) ss,
County of Hennepin )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 2 ,5 '1/
This instrument was acknowledged before· me this r;;b+'ciay of f!\)t'l>-c:f\'lbt(Q004
by Don E: Henderson, husband of Judy A Henderson.
Notary Public '
State of Miimesota )
) ss.
County of He1mepin )
This instrument was acknowledged before me this~s,';+~tky of (t./O f,.,!ftrilY(1W04
by Judy A. Henderson, wife of Don E. Henderson. '
Notary Public
Page 6 of 6
~
lQ
04--351
BOUNDARY & TOPOGRAPHIC SURVEY FOR
DONALD HENDERSON
IN LOT 4, KITCHEL'S SUBDIVISION
OF GOV'T LOTS 5 & 6, SEC. 22-117-23
HENNEPIN COUNTY, MINNESOTA
EXHIBIT A
4-f?,EGVt~D
50' 8Ulll>/1JQ
I ,JI'
15 1 LA-Kt: sEf~
'
SETM<J<.S " ....
0 30 60 120 ~
SCALE IN FEET
LEGAL DESCRIPTION OF PREMISES:
Ttud pnrtof lol ◄• In l<llchd'• Subdtvt,,.loc, or Qo,,emma:nl lob 5 and 6 ln S11:dlon
22, Townffllp 117 North, .RnnQo 23 West or tho 5\h Piindpal Motkli41'1, de!.aibed
osfoUowa: Commcndoa at !ho sou1h\'le:il comer of ,aid Lot 4: lhcnr::a runnl11g not1h
300 feet lbc:nco al dQhl angles East tD the aa:1terly bOunda,y line of said
l.otJI; lh~ ~utrt.111:,tc,fy •Iona ,old Jtna lO tha .shore or l•\c
Minnetonka: thcnc:o Nor1hweJler1y nlona said ,horn lo lhc point er
bcglnnlno, at! en Bio Island, lake MinnelonkD.
Thb ,uM)' :1how,. lhc boundo.ric, of the .above dc,atbcd p,npcrty. ll don not
purport to :i.how any other it'np(inlemenls or cnacnchm~nls. _
O: lranm:111(.or
0 : Judidnl lundrmuk round
Se.wines :i.hown o,c b11scd upon on 0:1:iumcd dalUm
NOTE: Tho tud!dai tnndmal'U found ofono Ille HOIU\ tlna ar ,aid Lot 4
set parTorrcn::i Cote No.◄219 weca u~cd LO determine tha bound:ut11i1
of Iha abo,,,c di:scrihod p:roputy.
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