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Home My WebLink About#07-3326 Recorded Resolution 5688111111111111111 11;;; ;1 II Doc No 4458950 01/04/2008 11 :00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 365453 New cert Cert 788461 01--13J-<t 744 r)r61J\JVl R.o{ N Deputy 40 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1435 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-303 FILE NO. 07-3326 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. [J 6 8 o A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1435 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-303 FILE NO. 07-3326 WHEREAS, Theodore Schultze and Mary Steil Schultze, husband and wife (hereinafter "the Applicants") are the owners of the Property located at 7 44 Brown Road North within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, RLS No. 1275, 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 78-1435 to allow construction of a detached accessory structure (hereinafter the "Garage") between Brown Road North and the principal structure; and WHEREAS, the Applicants have made application the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303 in order to allow plumbing fixtures for a bathroom within the Garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3326. 2. The Property is located in the LR-lA, Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of200'. 3. The Planning Commission reviewed this application at a public hearing held on October 15, 2007 and recommended approval of the variance and conditional use permit based on the following findings: Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 8 8 a. The Property contains 2.76 acres in area and has ±82' in width at Brown Road North. b. The Property is uniquely shaped and the setback variance as requested will not negatively impact views of the Property. c. The applicants have agreed, as part of this resolution, to enter into a covenant that disallows use of the accessory building for a home occupation, dwelling, or rental/lease of the building as a dwelling. 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 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 78-1435 to allow construction of a Garage -between the principal structure and Brown Road North as well as a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303 to allow plumbing fixtures for a bathroom within the Garage, subject to the following conditions: 1. Council approval is based on the site plan and building sketches submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & 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. The applicants hereby agree by executing this resolution and covenant that the accessory building that is the subject of this resolution will not be: Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. a. Used for a home occupation unless specifically approved by the City or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use pe1mit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicants acknowledge that this covenant shall be binding upon current and future owners of the Property, and shall be filed within the chain of title of the Property. 3. The proposed garage shall meet Orono's height requirements. 4. At the time of the Building Permit review the scope of the project will be reviewed by the City Engineer to determine whether or not Orono's Wetlands Protection Ordinance is triggered. If applicable, the Applicants shall comply with the requirements of said ordinance. 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 permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (November 13, 2008). 6. Violation of or non-compliance with any of the te1ms 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. Adopted by the Orono City Council on the 13 th day of November, 2007. Page 3 of 4 ATTEST: Linda S. Vee, City Clerk Property1ii] STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ 6 8 8 This instrument was acknowledged before me this Ji day of b, h---k0.,, 2007 by Theodore Schultze, husband of Mary Steil Schultze .. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _j_J_ day of Df'~7 by Mary Steil Schultze, wife of Theodore Schultze. BARBARA G. SILUS NOTARY PUBLI C-MINNESOTA My Commi ?sion Expi res Jan . 31, 2008 Page 4 of 4 07-103A " ::i:: E-< ~ 0 z 0 <!\ 90'00' 00" E CERT/FICA TE OF SURVEY FOR TED M. SCHULTZE -1---- OF TRACT A, R.L.S. NO. 1275 HENNEPIN COUNTY, MINNESOTA ---~--7Rtl8: 1-1 ~'\ I I I z~~ r-\-1 ~~,~ T R 1 A C T ~i \ \ .i .i .i .i .i Oz ·. t:---------'--'--...:....~-----------------.,<;;\l ~ , C X .i .i /'-5:rct~t" P'.4 .. REVISIONS -~ ... Tm~-~·~- 90'00' 00" W LEGAL DESCRIPTION OF PREMISES : Tract A, Registered Land Survey No. 1275 o : denotes Iron marker (9015.3): denotes mcisting spot elevotlon, mean neo level do tum Bearings shown ore based upon on as:sumed datum. ~~;ti;~r~{ !h~:f,tf~e ~gi~:o~~J ~iet~d*0 ~ 0t !"etf~~~~~ g;o~!/i~~Clt~':; by Svoboda Ecologlcof Resources, the locot10n of all vislble "hardcover", and the propo/led location of a proposed garage thereon. lt doe: not purport to •how any other improvements or encroachments. ~~ertb!p!°_~!f6y ~!, ~• J:~°!:= ~11e~l~~~~o~~Nf!fo~l ~f: ~~r "u,'!'l:,,!!11:/"[~ ~~r, ~l~~:tc.Lorni 71/4-(!:~. 765.91············ ~ -40 O 40 80 120 111111111111111111111111 11111111111111111111111, l 1111111m11111111111111 11111111111111111111111 SC A L E IN F E E T $ /f;:Sow n DrJ (j;f-rh~lT 4 PRIVATE ROAD 1145.60--·····--...... 1 R,l8': g ....__ ....__ '-....__ GRONBERG & ASSOCIATES, INC. CIVIL ENGINEERS, LAND SURVEYORS. LAND PLANNERS 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 gs2-473-41-'1,1 ,CJ",. 00 0:) u.wi,·oun.tot.f..6t..#•P~:r.n~n.ua t 96BL.-61.--;r19 :na:> Bliss Nlf 'Y.1/SYH:J z91.,,-;,1,,--zgo .LHHU.LS H.LL.L. 919.L. ':JNI 'NfJIS9ll 9N0H cl:JJI I ,.. ~~1 u tz nil ~! h 'l!ll .l,l ll!k ~ 0 h ~~ r.ci~ --i~ r.ci .. ~ E-. ., ~ ..... 0:: ~ 0 h. ~; r.ci ~ ~ .. ~ ~"' l> ~ ~ 0 h ~~ r.ci ~ --1 ~ r.ci .. E-.~ ~"' 0 ~ ; iii i 1~~ H11 u~; iirn ~ 0 h. ~; r.ci ~ ~~ cl E-. "' k. r.ci --1 ) 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 November 13, 2007, 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 Corporate seal of the City this 14th day of November , 2007. City Clerk (seal)