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Home My WebLink About#10-3445 Recorded Resolution 5918~94-:5 (JtWw Pf ;(¾J II II II Ill I I I II II I I II Doc No T4781479 Certified, filed and/or recorded on 8/20/10 1 :26 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 33 Pkg ID 64944 7 Doc Name: Resolution Document Recording Fee Document Total Existing Certs 1310402 This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 New Certs A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) & (6), 78-1288 and 78-1405(6) FILE NO. 10-3445 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 1 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) & (6), 78-1288 and 78-1405(6) FILE NO. 10-3445 WHEREAS, Clifford Swenson and Barbara Swenson, husband and wife (hereinafter "the applicants") are the owners of the property located at 2965 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 1470, files of the Registrar of Titles, Hem1epin 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 Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a grade level deck 28 feet from the OHWL of Lake Mim1etonka and ahead of the average lakeshore setback line; 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 construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot setback zone where 112 square feet (lake access stair) is nom1ally allowed; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1405( 6) to allow a grade level deck to encroach into the required 10 foot side yard. The grade level deck is proposed to have a 4 foot setback from each side lot line where a 10 foot setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 10-3445. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 9 1 8 NO, _______ _ 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Plam1ing Commission reviewed this application at a public hearing held on February 16, 2010 and recommended approval of variances based on the following findings: a. The prope1iy contains 21,240 s.f. in area and has 20 feet in width at the OHWL and 26 feet in width at the 75' setback. b. The lot is substandard in width and a residence has existed on the prope1iy for many years. There is no additional land available to bring the lot width into confo1mity. c. The nanowness of the property at the lake presents an additional challenge to meeting the 10 foot side setback requirement. d. The hardcover variance level as requested is due to the narrowness of the prope1iy at the lake. e. A lake access stair 1s necessary due to the grade of the prope1iy at the lakeshore. f. The grade level deck will not adversely impact views of the lake enjoyed by neighboring prope1iy owners. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, repmis 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 prope1iy right of the Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 1 8 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 variances to Orono Municipal Zoning Code Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a grade level deck 28 feet from the OHWL of Lake Minnetonka and ahead of the average lakeshore setback line; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot setback zone where 112 square feet (lake access stair) is nonnally allowed; and a variance to Orono Municipal Zoning Code Section 78-1405( 6) to allow a grade level deck to have a 4 foot setback from each side lot line where a 10 foot setback is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and aimotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require fu1iher Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 328 s.f. or 19% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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. An as-built survey verifying compliance with the variance approval and the building permit shall be submitted prior to the refund of the escrow. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the prope1iy to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover to be removed shall be completed prior to the issuance of the building pennit. 6. Authorities granted by this resolution run with the property not with the applicants, but are pem1issive 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 (March 8, 2011). Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 1 8 7. 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. 8. The undersigned applicants have read, understand and hereby agree to the te1ms 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 . . , . '\-;>,~:\{(\i'.-,\,-:.:, ,Adopted by the Orono City Council on the 8th day of March, 2010. ; ·/i:\\ \; : ?··\ .~ '.: _'. :'_·:::. :'/\:':!~;,;:~i-\ , ,._, . ,, .. i,4,..TTEST. . . \J,~}~~~1;;(:;};M t''h. L fr1 w ~ . ", ·.,\ 1,J:1ncia$:.Vee, •,· t·:,;:,;;;;:ft::(;;i_)!-;_~/_·. --- Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 J 8 This instrument was acknowledged before me this~ day of J 0dJ , 2010 by Clifford Swenson, husband of Barbara Swenson. BARBARA G. SILUS NOT ARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2013 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 8 day of Ju!y , 2010 by Barbara Swenson, wife of Clifford Swenson. BARBARA G. SILUS NOT ARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2013 Page 5 of 5 0 ~ -n -< en 0 0J "TI ,...., 0 "'' ::n ';:; 0 = :z: 0 :0 111 0 I!!. < 111 0 SC-Al£ 1"•20' O.o.TE 1 T-12-09 JOOI-IO, 09-271A CERTIFICATE OF SURVEY FOR CLIFF SWENSON OF TRACT A, R.L.S. NO. 1470 HENNEPIN COUNTY, MINNESOTA -20 0 20 S C A L E IN LEGAL DESCRIPTION OF PREMISES : Tract A, Registered Land Survey No. 1470, files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron marker set • : denotes iron marker found 40 60 F E E T Bearings shown ore based upon on assumed datum. This survey shows the boundaries of the above described property, the location of on existing house, garage, and concrete driveway/ sidewalk/polio, and the !ocotfon of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. LAKE MINNETONKA UPPER LAKE 75' -·SETBACK UNE 0'.;:'. 03 / / / 1(y1- :i ,:(l- · .... s"' "'15.56 ci0'' N 82°00, 00" W .:,-1 ?J \\ ~ \\ (J'cJ)'-" • 0 I',) Qo-1> '\~·g ,o /q ·-... \o °iJ,\~ ~o ~\ 0 o\>-tl q 0 ,-I ~\~ j \?:1 {, 0 ~\ 'G : ..... \ if~ ~'1;. ~\·~si: t-.J · .. ...J ~\ :~)) I ·,r>}''.,' '3 ~~=fr ~rti~rel~t,~~~rvi~io~~y o~05ttfo'{)0 ~~ !YdJ't regi,tered Civil Engineer end lond Surveyor under the lows of the Stole of Minno::ioto. d'f::,k//..4/2,__,,;4..~ Mork S, Gronbcr_2. Minnesota Licenfc Number 12755 $RON BERG & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE, LONG LAKE. MN. 55356 952-473-4141 PESCRPTION DIZSlff):0(0(1'<.AA~lODCRD'I.Aal) 01 '° __. 00 i E :j I::::) ~ ~ ►~ ,.....:,. -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 March 8, 2010, with the original thereof on file in my office, and the same is a correct transc1iption thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 11 th day of March , 2010.