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HomeMy WebLinkAbout#15-3728 Recorded Resolution 6500~li 1111111111111111 I II I II Doc No A 10204588 Certified, filed and/or recorded on Jun 17, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 87 Pkg ID 1256426M 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 t> 5 0 ;_) NO. _________ _ A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. 15-3728 WHEREAS, Kevin 8. Torgerson and Teresa A.Torgerson, a married couple (hereinafter "the Owners") are the owners of the property located at 1410 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: Lot 2 and 3, Block 4, Crystal Bay View, Hennepin County, Minnesota (PIN 08-117-23-33-0081) (hereinafter the "Property"); and WHEREAS, the Owners have made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow construction of a new, reconfigured retaining wall within the 75-foot setback on the Property where retaining walls and their associated hardcover are normally not permitted; 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 April 20, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #15-3728. 2. The Property is located in the LR-1 B 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 April 20, 2015 and voted 5 to O in favor of a motion to approve the setback and hardcover variances for the walls. The Planning Commission finds that the following factors support the granting of the requested variances: a. The Property contains 23,038 square feet (0.52 acres) in area and has a defined width of 99 feet at the lake and 99 feet at the 75-foot setback. Page 1 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6500 NO. _________ _ b. A new residence on the Property is currently under construction. c. With a total of 25% overall hardcover, the Property will conform to the hardcover limitations of a Tier 1 lot. d. The proposed retaining wall within the 75-foot setback area will have no impact on surrounding lands. Drainage patterns for runoff leaving the site are not proposed to be significantly altered. e. The proposed retaining wall will not alter the essential character of the neighborhood and because of the proposed location will result in minimal or no negative impact on adjacent properties. f. The project will not adversely impact views of the lake currently enjoyed by the adjacent properties; because of the topography, existing boathouse elevation and proposed location of the wall, the proposed retaining wall plan will not be apparently visible when viewed from the lake. g. The Owner proposes to use the Property in a reasonable manner, however, the proposed use is not permitted by the official controls. . The walls are necessary in order to retain the slope. h. The plight of the landowner is due to circumstances unique to the Property not created by the Owner. The Owner is replacing previously existing walls with new, reconfigured walls which will have less visual impact than the previously existing walls. i. The variance, if granted, will not alter the essential character of the locality. j. Economic considerations alone do not constitute practical difficulties. k. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. I. The conditions do not apply generally to other land or structures in the district in which the land is located. m. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the Owners. Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6500 NO. _________ _ n. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. o. The granting of such variance will not merely serve as a convenience to the Owners, but is necessary to alleviate demonstrable difficulty. p. The Owners' request is in harmony with the purpose and intent of the ordinance. q. The Owners have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, and the effect of the proposed variances 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 variances 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 Owners, 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 one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow construction of a new, reconfigured retaining wall within the 75-foot setback on the Property where retaining walls and their associated hardcover are normally not permitted; subject to the following conditions: 1. Council approval is based on the survey submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels shall be conforming to the Tier 1 standards; no hardcover variances are granted to exceed the 25% limitation for the Property. Structural coverage Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6500 NO. _________ _ limitations shall also be met. An as-built survey reflecting conformance to the approved plan and hardcover limitation shall be submitted prior to issuance of a Certificate of Occupancy for the new home. 3. Owners shall comply with the City engineer's requirements for the project. 4. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 5. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a zoning permit for land alteration for the project and commencing construction of said project within one year of the date of Council approval, or the CUP will expire on that date (May 11, 2016). 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' 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 11 th day of May, 2015. ATTEST: Lili Tod McMillan, Mayor Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6500 NO. _________ _ This instrument was acknowledged before me this J.f day of ~ 1 rn "° , 2015, by Kevin B.Torgerson, husband of Teresa A. Torgerson. ~ MONICAA. FADNESS NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN ~u Q~ NtPublic This instrument was acknowledged before me this·-4 day of~ , 2015, by Teresa A. Torgerson, wife of Kevin 8.Torgerson. DIANE L. TIEGS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2016 ~✓Jt~ NryPublic Page 5 of 5 40 ~IDJ9'H1&4T A (IN.I) CERTIFICATE OF SURVEY FOR KEVIN B. TORGERSON OF LOTS 2 & 3, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA HOUSE f1430 LAKE MINNETONKA PROPOSEO ELEVATIONS : (per orchit•ots piont) LEGAL DESCRIPTION OF PREMISES : Lot 2 and 3, Block 4, CRYSTAL BAY V!EW o : denotes Iron marker found (90B.3) : donotes eMisting spot eleva;ion, mean sea level datum [filQ&) : denotes proposed spot elevotlon, mean sea level datum --917 ---: denotes existing contour rine, mean sea level datum ~: denotes proposed contour line, mean sea ievel datum Bearings shown are based upon an assumed datum. This survey Intends to ehow the boundcries of the above described _property, the !ocotion of on e•isting house, to be removed, trees, spot elevot,ons, topography, the location of all viaible "hardcover", and the proposed locotion of a proposed house, porch, patio, wal~. driveway, arid grades thereon, It does not purport to show ony other improvements or encroochments. 1) Gatogo c (lilf[ffl 2) Top of foLndotlon -~ ~ J) eo .. tr,ent = 1957.0! 4) n,r. 11oor -~ GR Q NB ERG AND I hErlll>y cwllti tho\ 1h10 ..,,-,ey, p,cn, or apeclflc9Uon ..oewc. 15-139 t I ST A TE 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 May 11, 2015 with the original thereof on file in my office, and the same is a c01Tect transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this 9th day of June, 2015.