The URL can be used to link to this page

Home My WebLink About#06-3237 Recorded Resolution 552611111111111111 iiiii 1111 Doc No 8912531 12/26/2006 08:49 AM .,/' Certified filed and or recorded on above dat~: Office of the County Recorder /•' Hennepin County, Minnes Michael H. Cunniff, County Transl Deputy 33 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 06-3237 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 2 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 06-3237 WHEREAS, Chloe Held Moran, a single person, (hereinafter "owner") is owner of the prope1iy located at 1480 Bolms Point Road within the City of Orono (hereinafter "City") and legally described as that paii of the South 800.00 feet of Goven1111ent Lot 1, Section 9, Township 117 North Range 23 West of the 5th Principal Meridian, Hem1epin County, Minnesota described as follows: and Begim1ing at the Northwest comer of said South 800.00 feet; thence East along said North line of said South 800.00 feet 430.26 feet; thence deflecting right 12 degrees 06 minutes 70 feet, more or less, to the shore of Lake Minnetonka; thence southwesterly going along said shore line 140 feet, more of less, to the North line of the South 650 feet of said Government Lot 1; thence West along said No1ih line to the West line thereof; thence North along said West line to the point of beginning, (hereinafter "the property"); WHEREAS, Y ardscapes, Inc, a Minnesota corporation, (hereinafter "applicant") has made application on behalf of the owner to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow reanangement of hardcover while not bringing the prope1iy into compliance with this section; and WHEREAS, after due published notice and mailed notice in accordance with Mi1mesota Statutes and the City of Orono Zoning and Plam1ing Codes, the Orono Plam1ing Commission held a public hearing on October 16, 2006, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Mi1mesota: FINDINGS 1. This application was reviewed as Zoning File #06-3237. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 2 6 2. This house was constructed in 1963 with a major addition in 1975. The pool was installed in 1971. This was before hardcover regulations were adopted. 3. The Planning Commission reviewed this application on October 16, 2006 and on a vote of 6 -0 recommended approval of the variance, based on the following findings: a. The total amount of hardcover on the property will be reduced by 394 square feet. State statues would allow reconstruction of the patio and deck without any reduction of hardcover. b. The new hardcover would be within the 75 to 250 foot zone, which would have only 17 .6 percent hardcover. It would be located at least 200 feet from the lake. c. As required in conjunction with any building pennit, weed control fabric and plastic will be removed from the property. This will reduce hardcover by 6,607 square feet. 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 prope1iy 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 prope1iy 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 the above findings, the Orono City Council hereby grants a vanance to Orono Municipal Zoning Code Section 78-1288 to allow rearrangement of Page 2 of5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 2 6 hardcover while not bringing the property into compliance with this section, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and am1otated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan may require fmiher Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 70 s.f. or 0.59%. Hardcover in the 75-250' zone shall be limited 4,928 s.f. or 17.16%. Hardcover in the 250- 500' zone shall be limited to 12,748 s.f. or 47.19%, per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Owner is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concun-ent reduction in existing hardcover. 3. Owner shall remove any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. This work shall be completed before the new pool is put into use. 4. Authorities granted by this resolution nm with the prope1iy not with the applicant or owner, but are permissive only and must be exercised by obtaining a building pem1it for the new construction before October 23, 2007 or the variance will expire on that date. 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 te1minate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant and owner have read, understand and hereby agree to the terms of this resolution. On behalf of the owner and the owner's heirs, successors and assigns, the owner hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 ofS CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 2 6 Adopted by the Orono City Council on this 23rd day of October, 2006. ATTEST: STATE OF MINNESOTA COUNTY OF HENNEPIN ~ Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this c:xJ r~ay of OJ , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 . . STATE OF MINNESOTA COUNTY OF HENNEPIN J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 .5 2 6 This instrument was acknowledged before me this ,Jt./ day of Oc~tob.o c 2006 by Chloe Held Moran, a single person. Page 5 of 5 AGE '.)R 70.7) / / r 33.1 a, ui t';'. SHED ~1 ~_j FLOOR LEVEL =(971.3) 250' SETBAC LINE ~ EXISTING v_6;2_;_ f~ HOUSE 0:: I ): , 4 . 1 . #1480 0 a: J r I I FLOOR LEVEL ={971.4) I N 0 N I I I I I · ROCK ON PLASTIC , ..... -------· _.. ........ __ .---- ROCK ON P7tsr1c ___,-- 217.87 LOOSE l.A_ID FLAGSTONE WALi< (50% H/C) ! WO< WAL PARTIALLY OVERGROWN GRAVEL DRIVEWAY tr-.1<:,tl!t\C\ Ytrop.o5t2C'1 J-IPtyct.co\JU ~ Not~Ard.co.H,. Ne-\-f-)Fw··c\ro\/er ~ H;0.v-c.\c0\Je.v" U1 J~ (J'1 ~;:s- I - N . 0 (.}J - O'-('J -i- ~y J 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 October __ll_, 2006, with the original thereof on file in my office, and the same is a conect 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 (seal) I I .I