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HomeMy WebLinkAboutResolution 3410 /4----0.4,'(0 ., 0 CITY of ORONO , RESOLUTION OF THE CITY COUNCIL ,-i �'\ , NO. 3 4 e. 0 � 9kEkoig A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND 10.22, SUBDIVISION 1 (B) AND A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10 0 FILE NO. 1908 t, WHEREAS, David R. Carlson (hereinafter the "applicant") is the owner of the property located at 620 Big Island within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of an accessory storage shed at 12' x 18' that will be located 20' in front of the average lakeshore setback line where Section 10.22, Subdivision 1 (B) would allow no such encroachment. The said shed shall be located within the flood fringe or flood plain of Lake Minnetonka and per Section 10.55, Subdivision 8 no structures would be allowed within the flood fringe/flood plain. The applicant has applied for a conditional use permit per Section 10.55, Subdivision 10 to allow the installation of a storage structure within the flood plain where only specific approved structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1908. 2. The property is located in the RS Seasonal Recreational Zoning District requiring five acres in area. Per Section 10.31, Subdivision 2 (A) the property was approved for lot area variances per Resolution No. 1998 at the time of the creation of the RS District. ITIANSFER HEWNEPIM COUNTY TAXPAYER SERN Page l of 5 AUG 1'' 191$ H . i/ — 'ice NM soon o.+.a• . . g. 0.N. O O . O CITY of ORON ;i:, ,'! RESOLUTION OF THE CITY COUNCIL A ��, w I/"$4 i `''' e* 47 NO. 3 �� �`�kEsIljHog•� 3. The Orono Planning Commission reviewed this application on March 21, 1994 and recommended approval of the proposed variances as set forth above and per Section 10.55, Subdivision 10 approved a conditional use permit for the construction of an accessory storage shed within the flood fringe of Lake Minnetonka based on the following unique findings and hardships: a. The property is located on a peninsula. b. The majority of the buildable envelope is located within the flood fringe/flood plain of Lake Minnetonka. c. The structure will meet the required 75' from the lakeshore on all three sides. d. The original storage shed was removed as a result of the recent construction for seasonal cabin. The proposed hardcover for the improvement of the property results in 2,142 s.f. or 18% where 25% is allowed in the 75-250' setback area. e. The Minnehaha Creek Watershed District will not require compensatory excavations for the frost depth footings as long as the structure is so designed to allow water to flow freely beneath it. 4. The 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 properties, 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. use permit o allow the 5. The ructty Council rads that grting a on the property tobelocated within the flood construction of a ss o ge structure fringe of Lake Minnetonka will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard • Page 2 of 5 to 5005 Desk Of... . , i .. .4;k, 0 N.0 „ 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �1 L. 17 ��' GIS � �c kE3H04 or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.55, Subdivision 8 and a conditional use permit per Section 10.55, Subdivision 10 to the allow construction of an accessory storage structure within the flood plain of Lake Minnetonka to be located 20' in front of the average lakeshore setback line, subject to the following conditions: 1. The accessory structure shall be placed on hand-poured footings and shall be so constructed to allow drainage to flow freely beneath structure. 2. Upon application for a building permit, applicant must provide a copy of an approval permit from the Minnehaha Creek Watershed District. 3. Applicant shall provide the necessary erosion control during the construction of this structure. 4. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (April 11, 1995). 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 c„.5005 psko" O /�,' 4,. 7O O CITY of ORONO -;,& 1/4,, \, RESOLUTION OF THE CITY COUNCIL F., I. NO. 8 4 -. 0 . N:4'il ' "Sls 6s. 9kEHcg' Adopted by the Orono City Council on this 11th day of April, 1994. Al T: j t Doo a 6lin, City Clerk Edward J. Callahl, Jr., Mayor / \ 4 1,.._ ,. obi.A. a_.i . //SUS I avi► R. '•rlson Ja W. Carlson Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of April, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i /,e_i- No Public '� LINDA S. VEE NOTARY PUBLIC - MINNESOTA ei,"\.A HENNEPIN COUNTY My commission expires 8-12-68 Page 4 of 5 Fro NOS 04 Onno i 0'i (3°.410 CITY of ORONO - I RESOLUTION OF THE CITY COUNCIL f . -4 t,t v if ..,0„y STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 41---i--N day of , a , 199 1 ,,before me a Notary Public within and for said County,personally appeared—) Dculy,A, . C'c -I 1 j known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. MARY C ENGELKEr......n. NOTARY PUBLIC- DAKOTA CO MY COMMISSION EXPNotary Publi / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this --=\\‘-e-"--- day of V , 199 - , before mea otary Public within and for said County,personally appeared 1 AIDA 'C SL known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. / 11 MARY C ENGELKE•SCHMIDT I 1 ` ' I I1-a ( NOTARY PUBLIC-MINNESOTA Notary Pu.i� c --,*--.7 DAKOTA COUNTY MY CUMMISSIuN _' ''ES 01 31 00 'V•,Q%1 i b*t+4.' Page 5 of 5 fro 5005 Gu Onw RESOLUTION # 3 4 10 STATE OF MINNESOTA ) COUNTY OF HENNEPIN CITY/ OF ORONO ) City Clerk of the City of Orono , Hennepin I Dorothy M. Hallin , County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono roh the original sai record ouncil at a meeting ofln the Minutes of the sa d City Council held proceedings of said City on l93A _, and that the same is a true A ril 11 adopted by said City and correct copy of said resolution was duly Council at said meeting . In Witness Whereof , I have hereunto se.t my hand and seal this A ril 19 994 1Z0,1___, day of P .o_ 4orothy 1lin , City Clerk M.© • ( SEAL) • 2542781 222 Mai 2. • OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY,MINNESOTA CERTIFIED FILED ON AUG 17 1994 , ,\ n ,Q . 4 No REGISTRAR OF TITLES DEPUTY C6