HomeMy WebLinkAbout#03-2955 Expired Resolution 5068EXPIRED
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 AND 78-568
FILE NO. 03-2955
WHEREAS, Michael Palm and Shannon Palm, husband and wife
(hereinafter "the applicants") are the owners of the property located at 710 Big Island
within the City of Orono (hereinafter the "City") and legally described as follows:
See attached Exhibit B
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow
construction of a new cabin with a footprint which replicates that of the footprint shown
on the survey dated September 9, 193 5.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono , Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #03-2955.
2. The property is located in the RS Seasonal Recreation District, which
requires a minimum lot area of five (5) acres. The applicant's property is
2.889 acres in size.
3. The Planning Commission reviewed this application at a public hearing
held on October 20, 2003 and recommended approval of the average
lakeshore setback and lot area variances based on the following findings :
a. The lot is situated on a point which causes the entire lot to sit in front
of the average lakeshore setback.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
b. The lot is a legal lot ofrecord and was granted legal buildable status in
1983 as Record Lot No. 13. The lot is 2.9 acres in size located in a 5
acre zoning district.
c. A structure has existed on the lot in the past.
d. A structure could not be constructed on the lot without an average
lakeshore setback and lot area variance.
e. A structure can be built on the lot meeting all other pertinent code
requirements.
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 variances to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow
construction of a new cabin with a footprint which replicates that of the footprint shown
on the survey dated September 9, 1935, subject to the following conditions:
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 further Plam1ing Commission and City Council review.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 «) ~ §
2. The structure which is constructed on the lot shall generally be in accordance with
the footprint shown on the survey dated September 9, 193 5 but in no event shall
such structure be located nearer than 75' to the OHWL of Lake Minnetonka nor
shall hardcover exceed the allowable limits.
3. A current survey and proposed hardcover calculations be submitted with the
building permit application for the new structure.
4. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (October 27, 2004).
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 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 resol!,.ltion in the
chain of title of the property.
Adopted by the Orono City Council on the 2i11 day of October, 2003 .
ATTEST:
ku 1 (!R12,
Lincla S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner( s)
Page 3 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
~(O)~~ NO. w l".lJ
-'S,~
The foregoing instrument was acknowledged before me on this /_ day of
~ 200.a,. ·by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
STA TE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
. ~f--
. The foregoing instrument was acknowledged before me on this f _ day of
20 % by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
p orporation and said instrument was executed on behalf of the City.
~. . "'
RACHEL DODGE 1:-i
' 1 / NOl'ARY PUBL IC· ~i;:,J:·:C 30TA
_; , . / M-1 Commissio n Ex pi res Jan. 3·1, 200S f
='·~~s&iiilaaes i ee~-
Notary Public
Page 4 of 5
' 1
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. $(0) (B) §
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this _B!!;l ay of Vtv_ }g,t , 2003
by fVl, c.~a_ ( ~Q( ro. , husband of Shon VJ QY\ _ ( (Y\ .
--,z,-•::-~e28'a'ea .;.;: aa~;1;:; .... ~ (\
RACHEL DO DGE ,
, NOT ARY PU BLIC -MINW •;QTi\ 1
My Commi ss ion Expi res Jnn. '.l I, ?00"• :
I
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ , 2003
by ______________ , wife of ___________ _
Notary Public
Page 5 of 5
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EXHIBITB
Legal Description
to
Palm Resolution No. 5068
Orono File No. 03-2955
That part of Government Lot 6, Section 22, Township 117 North, Range 23 West,
described as follows: Beginning at the intersection of the East line extended of
Recreation Point (now vacated) with the shore of Lake Minnetonka; thence
Westerly and Southerly along the shore line of said lake, to its intersection with
the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly
through a point marked with a judicial monument distant 165 feet from the
Southeast corner of said Lot H along the Southerly line thereof to the Southeast
corner thereof, which corner is marked by judicial monument; thence
Southeasterly in a straight line to the Southwesterly corner of Lot T of said
addition, vacated, which corner is marked by a judicial monument; thence
Easterly along the Southerly line of said Lot T to the Southeast corner thereof,
which corner is marked by a judicial monument; thence North along the East line
of said addition, vacated, through a point marked with a judicial monument
distant 320 feet from said Southeast corner of said Lot T, to the point of
beginning.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
A RESOLUTION GRANTING VARIANCES
,TO M1.J~1CIPAL ZONING CODE
SECTIO~S 78-1279 AND 78-568
FILE i\O. 03-2955
WHEREAS, Mich.ad Palm and Shannon Palm, husband and wife
(hereinafter "the applicants") are t1::e owners of the property located at 710 Big Island
within the City o Orono (hereinafter the --city") and legally described as follows:
That part of Government Lot 6, Section 22, Township 117 North, Range 23 West,
described as follows: Beginning at the intersection of the east line Recreation
Point (now vacated) with the shore of Lake Minnetonka; thence westerly and
southerly along the shore &e of said lak e to its intersection with the southerly
line of Lot "H", said addition vacated; thence southeasterly along the southerly
line of said Lot "H" to the southeast corner thereof; thence southeasterly in a
straight line to the southweserly corner of Lot "T" of said addition vacated;
thence easterly along the soL'therly line of said Lot "T" to the southeast corner
thereof; thence north along 6.e east line of said addition vacated, to the point of
beginning, including any accretions.
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow
construction of a new cabin with a footprint which replicates that of the footprint shown
on the survey dated September 9, 1935 .
NO\-V, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FL\-UINGS
1. This application was revie\Yed as Zoning File #03-2955 .
2 . The property is located in the RS Seasonal Recreation District0 which
requires a minimum lot area of five (5) acres . The applicant's property is
2,889 acres in size.
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
3. The Planning Commission reviewed this application at a public hearing
held on October 20, 2003 and recommended approval of the average
lakeshore setback and lot area variances based on the following findings:
a. The lot is situated on a point which causes the entire lot to sit in front
of the average lakeshore setback.
b. The lot is a legal lot of record and was granted legal buildable status in
1983 as Record Lot No. 13. The lot is 2.9 acres in size located in a 5
acre zoning district.
c. A structure has existed on the lot in the past.
d. A structure could not be constructed on the lot without an average
lakeshore setback and lot area variance.
e. A structure can be built on the lot meeting all other pertinent code
requirements.
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.
Page 2 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow
construction of a new cabin with a footprint which replicates that of the footprint shown
on the survey dated September 9, 1935, subject to the following conditions:
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 further Planning Commission and City Council review.
2. The structure which is constructed on the lot shall generally be in accordance with
the footprint shown on the survey dated September 9, 1935 but in no event shall
such structure be located nearer than 75' to the OHWL of Lake Minnetonka nor
shall hardcover exceed the allowable limits.
3. A current survey and proposed hardcover calculations be submitted with the
building permit application for the new structure.
4. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction ,,ithin one year of the date of Council approval,
or the variance will expire on that date (October 27, 2004).
5. Violation of or non-compliance \\ith 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 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 cgv COUNCIL
NO. 5 0 8
Adopted by the Orono City Council on the 27 th day of October, 2003.
ATTEST:
~~I{/µ_-
Lina S. Vee, City Clerk
j)}J)QM%
Property Owner( s)
B;A. Pet?j;() /j
'_/)tft4ll ~ ~~
Page 4 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
STATE OF MINNESOTA
COUNTY OF HENNEPIN
0 The foregoing instrument was acknowledged before me on this :;__cJl-~ay of
C!,fo0.v1... , 2003 by Barbara A. Peterson, ~fayor of the City of Orono, a Minnesota
municipal corporation and said instrument '\1.a.S executed on behalf of the City.
;~:: ~-i•;.;:;.~: ,:..:.-1:_•--~ . ..e "!'l•1S
. . \. RACHEL DODGE fil
i NOTARY PUBLJC-MINNE20TA ~:
{: .) My Commission Expires Jan. 3·1, 2005 m
'~~.~;~z....---;....-;, ~·-::~ .; .. :;.:.,{!:?
STATE OF MINNESOTA
COUNTY OF HENNEPIN
:\"otary Public '
3()'f-/-..
[)
. The foregoing instrument was acbovvledged before me on this ·_ day of
)~_+o(o.Q,,\ 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument v,a..s executed on behalf of the City.
(} :\"orary Public
Page 5 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 0 6 8
State of Minnesota )
) ss.
County of Hennepin )
?
This instrument was acknowledged before me this _I v_·+~ay of f:'-'~, 2003
by ru I(' V':-2-°'-i 100... I /'YI , husband of~,C;_~-fl-,CL=-'-n--'-'-Y"'...:.:O:....,_Yl _ _,t'-a_c-...1.._i_VY)--'-__
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
'±Yt
This instrument was acknowledged before me this /_j_ day of S{1.u/1.J ..
by vhol?/11)/1 /s __ . f~ Im , wife of .,)/Lt'C/1af) / l+,ffn'j
.~~ LAURENE D UHLER
,1 [.;,_~~jj NOTARY PUBLIC• MINNESOTA
,j ~~ My Comm1ss1on Expires Jan 31 2005
~-vr __ ..._...._,__....,.,..._.....,._..i,,
Notary Public
Page 6 of 6
J./
, 2003"
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