HomeMy WebLinkAbout#1908 Recorded Resolution 3410~··
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 J 0
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND 10.22, SUBDIVISION 1 (B)
AND A CONDITIONAL USE PERMIT
PER SECTION 10.55, SUBDIVISION 10
FILE NO. 1908
WHEREAS, David R. Carlson (hereinafter the "applicant") is the owner of the
property located at 620 Big Island within the City of Orono (hereinafter "City") and legally
described as:
Lot 1, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter the
"property"); and
WHEREAS, the applicant has made application to the City of Orono to permit
the construction of an accessory storage shed at 12' x 18' that will be located 20' in front of the
average lakeshore setback line where Section 10.22, Subdivision 1 (B) would allow no such
encroachment. The said shed shall be located within the flood fringe or flood plain of Lake
Minnetonka and per Section 10.55, Subdivision 8 no structures would be allowed within the
flood fringe/flood plain. The applicant has applied for a conditional use permit per Section
10.55, Subdivision 10 to allow the installation of a storage structure within the flood plain where
only specific approved structures are allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1908.
2. The property is located in the RS Seasonal Recreational Zoning District requiring
five acres in area. Per Section 10.31, Subdivision 2 (A) the property was
approved for lot area variances per Resolution No. 1998 at the time of the
creation of the RS District.
1'AANSFER E:NTERE:O
HENNEPIN COUNTY TAXPAYER SE.~NltES
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 J. ()
3. The Orono Planning Commission reviewed this application on March 21, 1994
and recommended approval of the proposed variances as set forth above and per
Section 10.55, Subdivision 10 approved a conditional use permit for the
construction of an accessory storage shed within the flood fringe of Lake
Minnetonka based on the following unique findings and hardships:
a. The property is located on a peninsula.
b. The majority of the buildable envelope is located within the flood
fringe/flood plain of Lake Minnetonka.
c. The structure will meet the required 75' from the lakeshore on all three
sides.
d. The original storage shed was removed as a result of the recent
construction for seasonal cabin. The proposed hardcover for the
improvement of the property results in 2,142 s.f. or 18% where 25% is
allowed in the 75-250' setback area.
e. The Minnehaha Creek Watershed District will not require compensatory
excavations for the frost depth footings as long as the structure is so
designed to allow water to flow freely beneath it.
4. The 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, iight, air nor pose a
fire hazard or other danger to neighboring properties, would not merely serve as
a convenience to the applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use permit to allow the
construction of a storage structure on the property to be located within the flood
fringe of Lake Minnetonka will not be detrimental to the health, safety or general
welfare of the public, would not adversely affect light, air nor pose a fire hazard
Page 2 of 5
/.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No O ~-'[' r:, . 0 :r,: .,. \.,•
or other danger to neighboring properties, nor will it depreciate surrounding
property values and that the proposed level of use of the property will be in
keeping with the intent and objectives 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 variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.55,
Subdivision 8 and a conditional use permit per Section 10.55, Subdivision 10 to the allow
construction of an accessory storage structure within the flood plain of Lake Minnetonka to be
located 20' in front of the average lakeshore setback line, subject to the following conditions:
1. The accessory structure shall be placed on hand-poured footings and shall be so
constructed to allow drainage to flow freely beneath structure.
2. Upon application for a building permit, applicant must provide a copy of an
approval permit from the Minnehaha Creek Watershed District.
3. Applicant shall provide the necessary erosion control during the construction of
this structure.
4. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or the special conditions
of this resolution will expire on that date (April 11, 1995).
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 applicant has read, understood 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 5
form IOOI Dul o,~
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4] Q
· Adopted by the Orono City Council on this 11th day of April, 1994.
W. Carlson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of April,
1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Page 4 of 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 4 1 {)
On this 4·~ day of me~ , 1994. . before me a Notary Public within and
forsaidCounty,personallyappeare Do13 ·,c\ ~ • 0Cvx::::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.
e MARY C ENGELKE-SCHMIDT
NOTARY PUBLIC-MINNESOTA
DAKOTA COUNTY
MY COMMISSION EXPIRES 01 31 00 ......................................... ,.,,,,,,,, .. ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 4 ~ day of--1--'----l-"'"""'A-----=--' 19~, before me a~otary Public within and
forsaidCounty,personallyappeared . Cl,v---S~
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.
MARY C ENGELKE-SCHMIDT 0, NOTARriA~g~~l~O~~~ESOTA
", ., '.~ MY COMMISSION c;,,,,,:oES 01 31 00
Page 5 of 5
, ... 5005 o .. , 0....-,
f STAT ~ OF MINNESOTA )
")
COUN 1 Y OF HENNEPIN )·
)
CITY /OF ORONO )
RESOLUTION # 3 4 I O
I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
fore-going co p y of a res o 1 u ti on ·of the City Co u n c i 1 of the City of Orono
with the original record of such res~lution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
o n Apr i 1 11 , 1 9 q 4 · , a n d t h a t t he s a me i s a t r u e
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto se·t my hand and se~l this
12th , day of April , 19 94 -------:.=■:=-....c..~--
-~
(SEAL)
2542781.
-·c•· .,,_J.1,ZJ_-1 'J39. I 0
OFFICE OF THE REGISTRAR
OF TITLES
HENNEP IN COUNTY, MiNN ESOTA
CERTIF IED FILED ON
O~· -AUG 1 7 1994 . ~""'-
. \\r'
If ~t»-~ REG :STRAA
OF TITLES
BY----DEPUTY
"' · e--/vo l e;vi I ~ce.S
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