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Home My WebLink About#06-3220 Recorded Resolution 5507 - Doc No 89074141111111111 1111111111 Doc No 8907414 12/13/2006 03 :05 PM Certified filed and or recorded on above date : Office of the County Recorder Hennep in County, Minnesota Michael H. Cunniff, County Recorder TranslD 276438 Deputy , Fees $35 .50 op e $1o.so s+ $46 .00 To \I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1288 FILE NO. 06-3220 ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 0 ( A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE· SECTIONS 78-1279 & 78-1288 FILE NO. 06-3220 WHEREAS, Jule M. Hannaford & Elizabeth A. Hannaford, husband and wife (hereinafter "the applicants") are the owners of the property located at 1220 Bracketts Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Attached as Exhibit A; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside deck to be located 52.9' from the OHWL where a 75' setback is normally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0- 75'zone of 903 s.f. or 5% where 1,234 s.f. or 7% currently exists and 0% is nonnally allowed and within the 75'-250' zone of9,949 s.f. or 31.5% where 10,037 s.f. or 32% cunently exists and 25% is normally allowed in order to construct a new rear stoop and lakeside deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3220. 2. The property is located in the LR-lA, Zoning District which requires a minimum lot area of 2. 0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on August 21, 2006 and recommended conditional approval of variances for replacement of the deck and rear stoop. 4. The City Council approved the variance requests at a meeting on August 28, 2006 based on the following findings: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 a 7 a. The property has 49,721 s.f. (1.14 acres) in lot area and 244' of lot width at the ordinary high water level and 229' of lot width at the 7 5' setback. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The prope1iy is served with municipal sewer. d. The property is similar in size to many of the lots in this neighborhood. e. The applicants' home was built in 1954 and encroaches into the 75' lake setback. The proposed deck will be located entirely into the 75' lake setback. f. The proposed deck will be located behind the average lakeshore setback line and have no negative impact on lake views enjoyed by the neighboring property owners. g. The proposed deck will be a lower profile deck than the existing deck, thus minimizing the visual impact when viewed from the lake. h. The variance will have no negative impacts on the open space or character of the neighborhood. 1. The applicants have proposed to remove an existing 2' wide sidewalk which extends from the home to the lake within the 75' setback as well as other miscellaneous hardcover. J. The wide stairs on the proposed deck will eliminate the need for traffic point hardcover such as landings and sidewalks off of the deck. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, repo1is 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. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 0 7 6. 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 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 variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside deck to be located 52.9' from the OHWL where a 75' setback is nom1ally required and a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0- 75'zone of 903 s.f. or 5% where 1,234 s.f. or 7% currently exists and 0% is nonnally allowed and within the 75'-250' zone of9,949 s.f. or 31.5% where 10,037 s.f. or 32% cunently exists and 25% is normally allowed in order to construct a new rear stoop and lakeside deck, 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 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 in the 0-75' zone shall· not increase above the level of 903 s.f. or 5%. Hardcover in the 75-250' zone shall be limited to 9,949 s.f. or 31.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are 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 concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the new deck. Page 3 of 5 CITY of ORONO RESOLUTION OFT~ 516Yr COUNCI L NO . 5. 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 pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (September 11 , 2007). 6. 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. 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 recor ding of this resolution in the chain of title of the . property. Adopted by the Orono City Council on the 11 th day of September, 2006. ATTEST: Linda S. Vee, City Clerk ~~-,~~~ Pr~rty Owner(s) ST ATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor SI . The foregoing instrument was acknowledged before me on this ;}/ day of.S,_,~/'YJ~ 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. RA CH EL DODGE NOTARY PU BLI C -MINNE SOTA My Co mmissi on Expires Jan. 31, 20 10 Notary Public P age 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ---5-5r-1Q-7- The foregoing instrument was acknowledged before me on this ;2/~{y of-1'...e..fo"~ b,U\._, 2006 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 NOTAR Y PUBLIC -MINNESOTA My Co mmiss ion Exp ires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was aclmowledged before me thi~day of :M. Hannaford, husband of Elizabeth A. Hannaford. ~ 2006 by Jule RACH EL DODG E NOTARY PUBLI C-MINN ES OT A MY. Commission Expi res Jan. 31, 2010 Notary Public = STATE OF MINNESOTA COUNTY OF HENNEPIN This instrnment was acknowledged before me this gjfiay of U:J0h-vi , 2006 by Elizabeth A . Hannaford, wife of Jule M. Hannaford. RACH EL DODG E ~ NOTARY PUBLI C -MINNESOTA ~~ My Comm iss ion Expi res Jan . 31, 2010 1 Lleuc 1-u lJoex-f-- Notary Public Page 5 of 5 LEGAL DESCRIPTION The l~d referred to is situated in the State of J\.1N, County of Hennepin, and is described as follows: "-- 0 Parcel I: That part of Lot 2 and vacated portion of Center Avenue described as follows: Beginning at the intersection of the Westerly extension of the u, Northerly line of said Lot 2 with the Northerly extension of the westerly line of Lot 3 thence Southerly along said Northerly extension of said Westerly lt'> ln;ie to the Southwest comer of said Lot 2; thence Easterly deflecting to the left 90 degrees 46 minutes to the shore of Lake Minnetonka; thence Northerly along said shore line to the Northerly line of said Lot 2; thence Westerly along said Northerly line of said Lot and the same extended to the point of beginning in Rearrangement of Orono Point, according to the plat thereof on file or _of record in the office of the Register of Deeds in and for said County. (Certificate No. 656982) Parcel 2: The South 100 feet of Lot 1; That part of Lot 10 and that part of Center Avenue as platted but now abandoned, described as beginning at the Southwest comer of Lot 2; thence Northerly along the extension of the Westerly line of Lot 3 to its intersection with the extension of the North line of the South 100 feet of Lot 1; thence East to the Northwest comer of the South 100 feet of Lot.I; thence Southerly along the Westerly line of Lots 1 and 2 to the place of b~ginning; lying North of the Westerly extension of the South line of said Lot 1; all in Rearrangement of Orono Point, according to the recorded plat thereof on file and ofrecord in the office of the Register of Deeds, Hennepin County, Minnesota. (Certificate No. 656981) Parcel 3: those parts of Lots 2 and 3, Rearrangement of Orono Point, according to the recorded plat.thereof, described as follows: Beginning at the Northwest comer of said Lot 3; thence southeasterly, along a line drawn at an angle of 64 degrees 33 minutes 30 seconds from the westerly line of said Lot 3, as measured from south to east, to the shore of Lake Minnetonka; thence northerly along said shore, to an intersection with a line drawn from the point of beginning, at an angle of90 degrees 46 minutes from the westerly line of said Lot 3, as measured.from the southeast to northeast; thence southwesterly, along said line so drawn to the point of beginning. SITE ADDRESS= 1220 BRACKETTS POINT ROAD ORONO, 1v1N 55391 PARCEL AREA (TO O.H.W.) =49, 721 SQ. FT.±/ 1.14ACRES ± P.I.N.=11-117-23~32-0018 BENCH11ARK STANDARD DISC SOUTHEAST CORNER BRIDGE NO. 7258. CSAH #51 CRYSTAL BAY @NOlt$ ARM BRIDGE ELEV.= 947.21 . ~ \- ~ I<( i~ 2 ~ «\ ~ b ....,,)~ ~,c ~ (JtJ fXttrB1 T B-1 .,,,------.. ,, ,, f MINNETO~'KA ~~ Jill~ - ~JlOi -.--, r----::1 '-I \ ,, /' \ I '.2.65 '0~11 3J2,B2 .r:19J2.SJ LC,JHfocu,I If 9J2.2G ': ;,,;;oJ,2_ ----------..._ 56 .r:)9Jr./2 <-:.rlJmp SJl,51 'J r:'.l~;)i;. ,11' 9Jf.8f >c 9Jl.52 PARCEL NO 1 PROPOSED HARDCOVER CALCULATIONS (PER CITY) 75,250• ZONE FROM O.H.W, OF LAKE MINNETONKA · .... • A. 3,694 SQ. FT. OF HOUSE B, 582 SQ. FT. OF DECK C. 4,988 SQ. FT. OF BITUMINOUS DRIVEWAY D.6&5 SQ. FT. OF CONCRETE 9,949 SQ. Ff. TOTAL HARD SURFACE + 31,567 SQ. FT. OF PROPERTY AREA IN ZONE 31.5% HARD SURFACE AREA IN ZONE ... ... I /; -,: I I I I \ SETBACK L1fYI I ,--------- _;--------- )¢ 9Jf.66 M9Jl,69 I I H \ \ \ \ 5 5 0 7 \ \ ~~ ~ "\\ t.P \ \ 9JJ.2J rn %\ ' p. 0 r;t. ~ ~ \ i 0 \- ci. £; d§ J'~ ,~ ~~ i\ \1 'l,\\: \f { 't \ \\ 'c--' µ}. ,j.,. c.) -4 r;t. p). NOR1HERLY EXTfl/SION OF "< """"' "'' ... 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Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on September 11, 2006 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting . In Witness Whereof, I have hereunto set my hand and seal this -~25~t=h __ day of September , 2006 . Linda S. Vee, City Clerk