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Home My WebLink About#07-3279 Recorded Resolution 560911111111 111111 111111 1j II Doc No 4390528 05/25/2007 01 :00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles 01-3EJ9 TranslD 315918 Deputy 47 New cert Cert 1045284 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-566 FILE NO. 07-3279 /D I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 Q 9 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-566 FILE NO. 07-3279 WHEREAS, Gerald A. Erickson Jr., et al, (hereinafter "the applicant") is the owner of the property located at 720 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: Attached as Exhibit A, (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance and conditional use permit pursuant to Orono Municipal Zoning Code Section 78-566 to allow construction of an accessory building 2,000 s.f. in area where 1,000 s.f. is the maximum size. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3279. 2. The property is located in the Seasonal Recreational District which requires a minimum lot area of five-acres. 3. The Planning Commission reviewed this application at a public hearing held on April 16, 2007 and recommended approval of a conditional use permit and variance based on the following findings: a. The property contains 754,176 s.f. in area or approximately 17 acres. b. A residence has existed on the property for many years. c. The 2,000 s.f. accessory building will not be visible from beyond the property lines as the lot is heavily vegetated. Pc\ge l of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5,6 0 9) d. The proposed structure will be set back an additional distance, at least 125 feet, from the side and rear property lines. e. The proposed structure complies with all setback 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 applicant 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and variance to Orono Municipal Zoning Code Section 78-566 to allow construction of a single 2,000 s.f. accessory building, 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 B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover on the property shall not increase above the permitted levels outlined within Zoning Code Section 78-1288. Per the proposed plan as depicted on Exhibit B, the hardcover is proposed at 1.1 % within the 0-75' zone; 1.3% within the 75'-250' zone; 1.9% within the 250'-500' zone; and 1.4% within the 500'-1000' zone. 3. The building may not exceed 2,000 s.f. in area and may not be located closer than 125' to the west lot line and 100' from the rear lot line (south). Page 2 of 5 CITY of ORONO RESOLUTION OF T~E &'6Y<fOUNCIL NO. _______ _ 4. The applicant acknowledges there will be no further accessory building approvals without reduction or removal of existing buildings on the property. 5. The applicant agrees y executing this resolution and covenant that the property will be bound by the following conditions: a. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. b. The accessory building will not be used as a dwelling; and c. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. d. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. e. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. f. In subdivision approval, the setback required for the oversize accessory structure shall remain. 6. Authorities granted by this resolution run with the property not with the applicant, 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 (April 23, 2008). 7. 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. 8. The undersigned applicant has read, understood and hereby agrees to the tenns of this resolution and on behalf of the applicant and the applicant's heirs, successors and Page 3 of 5 .• ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 0 9 . . assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23 rd day of April, 2007. ATTEST: STATE OF MINNESOTA COUNTY OF HENNEPIN es M. White, Mayor yCIP ' The foregoing instrument was acknowledged before me on thisA7 day of ~_,,,..,___,1....., e. 2007 by James M . White, Mayor of the City of Orono, a Minnesota municipal corpo~d said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUB LI C-MINNES OTA My Commission Exp ires Jan. 31, 201 0 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ' crfs ~ -l--~---<2-V od-cf<- Notary Public The foregoing instrument was acknowledged before me on this a ra;:if ~(!_,,. 2007 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. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My co mmi ss ion Expi res Jan. 31, 2010 P age 4 of_5 Notary Public ll • I ',. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF TH,E crr,v COUNCIL NO. 5 6 Q LJ . This instrument was acknowledged before me this [if;i;y of /rb_j , 2007 by ?tr---tk1 11 C Erz) Ct S0):1 , on behalf of Gerald A. Erickson Jr.' et al. RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Co mmi ssion Expires Jan . 31, 2010 Page 5 ·of 5 ~{hDwf(DiO eJ\Hl 17::>'1 T A 5 6 0 9 (~ THAT PART OF LOT 4, KITCHELL'S SUBDIVISION OF GOVERNMENT LOTS 5 AND 6, SECTION. 22, \ ~) TOWNSHIP 117, RANGE 23 DESCRIBED AS FOLLOWS; ,1 BEGINNING. AT A POINT ON THE WEST LINE OF SAJD LOT . 4 DISTANT 300 FEET NORTH OF THE SOUTHWEST CORNER THEREOF AND MARKED WITH A JUDICIAL MONUMENT; THENCE NORTH 89 DEGREES 16 MINUTES EAST, 524.4 FEET TO A POINT MARKED WITH A JUDICIAL MONUMENT LOCATED UPON THE EASTERLY LINE OF SAID LOT; THENCE NORTHEASTERLY WITH AN INTERIOR ANGLE OF 118 DEGREES 10 MINUTES A DISTANCE OF 350.2 FEET° TO A POINT MARKED WITH A JUDICIAL MONUMENT; THENCE NORTH WITH AN INTERIOR ANGLE OF 151 DEGREES, 45 MINUTES IN A STRAIGHT LINE TO A POINT DISTANT THEREFROM 849.5 FEET MARKED WITH A JUDICIAL MONUMENT, THENCE UPON THE SAME LINE PRODUCED TO THE SHORE OF LAKE MINNETONKA; THENCE SOUTHWESTERLY ALONG SAID SHORE TO ITS. INTERSECTION WITH THE WEST LINE OF SAID LOT; THENCE SOUTH ALONG SAID WEST LINE TO POINT OF BEGINNING, PASSING THROUGH A JUDICIAL MONUMENT LOCATED IN SAID LINE AT A POINT 999.5 FEET NORTH OF THE POINT OF BEGINNING. ... , .... , .. : ·r,{;~VLUTIOJ\J f;}H D7oTT 10 ,:,: , .. ::: ::: ~:: m •:r••·· ; .• ,:·;-.,'. t:,:1.::::,:;, >-:;iE/i ~~-l\, f;/ ~rill ~::.n tl/t1i'}) ~) '¼t, arr\ 1J "'"" g~ =j 11 ~ ! i ~ h I jj ~ I! 1 ~ ;i i -~ ---7 I I I I I I a • I~ '· le f t 0 ' ., ;· "' . j ir uli.J ~ Eti ~ f~i " 2 z I 5 :, "' z ~ 0 0 ' I j qH ~ :& I ith -a J ;11 ! 8!! ...... -·•·····•···········-···-· ......... ---···-•··-·-----------~-------------------------- , . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April ___1]___, 2007, with the original thereof on file in my office, and the same is a con-ect transcription thereof. City Clerk