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Home My WebLink AboutResolution 6443 1535 Fcu ry tc-W Doc No A10170186 Certified, filed and/or recorded on Mar 9, 2015 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 87 Pkg ID 1214406M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s�lq tiG~ FSH04 NO. 6443 k A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 14-3681 WHEREAS, Daniel E. Houck and Jane H. Houck, a married couple (hereinafter "the Applicants") are the owners of the property located at 1535 Fairview Cottage Lane within the City of Orono (hereinafter the "City") and legally described as: That part of Lot 3, Orchard Beach, lying Easterly of the following described line: Beginning at the Northeast corner of said Lot 3, thence South along the East line of said Lot a distance of 190.20 feet to the point of beginning of the line to be described; thence at an angle to the right of 48 degrees 28 minutes a distance of 289 feet more or less to the shore of Lake Minnetonka and there terminating, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow approximately 130 square feet hardcover within the 0 to 75-foot setback from Lake Minnetonka in conjunction with construction of a replacement retaining wall, and a new lake access stair with retaining walls and boulder outcroppings; and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1279 to allow construction of retaining walls and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading for construction of a new lake access stair with retaining walls, replacement retaining wall, and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on August 18, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 5 �°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6443 kFsxo� NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 14-3681. 2. The Property is located in the LR-113 One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2014 and voted 6 for and 0 against on a motion to approve the CUP and the hardcover variance. The Planning Commission finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 18,451 square feet in area (0.42 acre) and has a defined width of 90-feet at the lake and 78-feet at the 75-foot setback. b. A new residence home on the Property is currently under construction. c. The Applicants' proposed retaining walls, boulder outcroppings, landscape plan and stair system designed in a way which offers screening of the hardcover improvements with a natural-looking slope as viewed from the lake. d. The proposed improvements will comply with to the 25% overall hardcover limitation; the Property will conform to the hardcover limitations of a Tier 1 lot. e. The replacement retaining wall and boulder outcropping hardcover within the 75 foot setback area is reasonable and supported by the practical difficulty of the steepness of the slope. f. The Applicants' proposed stair system, boulder outcroppings, walls and landscaping will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. g. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the property from the lake will be improved with the new stair and landscape screening offered. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. Page 2 of 5 ��1 V CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�rq tiG` NO. 6443 kESH0 i. The Applicants have demonstrated that conforming to the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered with review and oversight of the improvements by the City engineer. k. The Applicants have provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake in a natural manner. 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 and CUP 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 and CUP 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 practical 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow approximately 130 square feet hardcover within the 0 to 75-foot setback from Lake Minnetonka in conjunction with construction of a replacement retaining wall, and a new lake access stair with retaining walls and boulder outcroppings; and a variance from Orono Municipal Zoning Code Sections 78-1279 to allow construction of retaining walls and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading for construction of a new lake access stair with retaining walls, replacement retaining wall, and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka on the Property; subject to the following conditions: Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�tq N. No. 6 44 3 kESHO� 1. Council approval is based on the site/landscape plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any substantive amendments to the approved site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels shall conform to the maximum 25% hardcover of the Tier 1 standards. Structural coverage limitations will also be met. 3. An as-built survey and as-built hardcover calculations shall be submitted to confirm conformance with this approval resolution prior to the issuance of a final Certificate of Occupancy for the residence under construction. 4. All of the approved hardcover improvements: boulder outcroppings, retaining walls, and stairs shall be screened from the lake with vegetation. 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 permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (September 8, 2015). 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 recording of this resolution in the chain of title of the Property. ATTEST: Adopted by the Orono City Council on the 8th day of September, 2014. .JJ Rachel Dodge, City Clerk df Lili Tod McMillan, Mayor Page 4of5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N O. 6 4 4 3 kESHO� i Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day o 5 2014, by Daniel E. Houck, husband of Jane H. Houck. I 111-11y, MONICAA.FADNESS Notary Public 4 xNOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 201 by, Jane H. Houck, wife of Daniel E. Houck. F MONICA A.FADNESS f'bl tF• . NOTARY PUBLIC-MINNESOTA , Notary Public Commission Expires Jan.31,2017 Page 5 of 5 Resolution y, Exhibit A � 0 6443 O P:DOM M aw,Wcw P4e�.e p . oT Rauf by 3391" "o 4091"Torn(8x9 .�ry kF— '• 2r 950 .... 949 1 1 1 -IFs' �. 918.-- ...... M ars. �'• rrwo.e w r 946.......... r'. Rask 945... .-... . r' h —W. 944..... LsaWuwn» THE HOXK RE5VENM 943 535PARVEWCOTTAGE LANE a,roCrer+o9F -(X�LJIdRMJ55364------ - --- 9az-'--:-_.- �� :;..:--�=• - - - --- -------- +.�.__ 941' DE5M13YLALRAMM BY THE W0005 939 .... SCALE r-20' 9w 937........ 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 September 8, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corp0rate'.§4a1,, MCity this 13`h day of February, 2015. iegs -City Clerk-