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HomeMy WebLinkAbout#12-3574 Recorded Resolution 6173; '/ 36 CJun:y P Ul<!6 111111111111111 I II II I k:t57t Doc No A9874484 Certified, filed and/or recorded on 11/19/1212:00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 887735M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND HARDCOVER VARIANCE PER MUNICIPAL ZONING CODE SECTIONS 78-1282, 78-1283, 78-1286 and 78-1288 FILE NO. 12-3574 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 7 3 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND HARDCOVER VARIANCE PER MUNICIPAL ZONING CODE SECTIONS 78-1282, 78-1283, 78-1286 and 78-1288 FILE NO. 12-3574 WHEREAS, Christopher David Patnode, a single person (hereinafter "the Applicant") is the owner of the property located at 1430 Cherry Place within the City of Orono (hereinafter the "City") and legally described as follows: Lots 4 and 5, Block 4, Crystal Bay View, Hennepin County, Minnesota. (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit to conduct land alteration activities within 75 feet of Lake Minnetonka per Orono Municipal Zoning Code Sections 7878-1282, 78-1283, and 78- 1286 to allow for construction of a new lake access stair; and WHEREAS, the Applicant has made application to the City of Orono for a variance from Municipal Zoning Code Section 78-1288 to allow 354 square feet of hardcover within the 0-75' zone where O square feet of hardcover is allowed and 310 square feet currently exists to allow reconfiguration and reconstruction of the existing lake access stair. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-357 4. 2. The Property is located in the LR -1 B, Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on September 17, 2012 and recommended approval of the conditional use permit and hardcover variance based on the following findings: Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 l 7 3 a. The lot is 0.55 acre in area and has 100 feet in width at the OHWL and at the 75' setback. b. The lot is provided with City sewer. c. The Applicant's existing staircase is in disrepair. d. The Applicant has submitted a meandering stone stair plan with landings which has been reviewed by the City Engineer. e. The Applicant's plan indicates that along the staircase the slope will be planted with vegetation which will aid in screening the stair when viewed from the lake. f. The Applicant's request will alleviate a practical difficulty inherent to the Property and not created by the Applicant. g. The Applicant's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to conduct land alteration activities within 75 feet of Lake Minnetonka including a lake access stair per Orono Municipal Zoning Code Sections 78- 1282, 78-1283, and 78-1286 in order to reconstruct the lake access stair; and hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow reconfiguration of the stair system within the 0-75' zone; subject to the following conditions: 1. Council approval is based on the survey and stair plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 7 3 2. Hardcover shall not increase above the existing and approved levels as follows : 354 s.f . of hardcover (4 .69%) within the 0-75' zone . Applicant is advised that any requests to increase hardcover beyond the allowable limits established in the City Code shall require City approval, and will not likely be approved . 3. Following City Council approval the Applicant must apply for and receive an administrative zoning permit for the land alteration activity/lake access stair on the lake slope . 4. A general planting plan including species, sizes and locations shall be submitted for the administrative zoning permit review . This plan shall be submitted and approved by the City prior to the closing of the escrow account. 5. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a zoning permit for the land alteration/lake access stair within one year of the date of Council approval, or the approvals will expire on that date (October 8, 2013). 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 Applicant has read , understood and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs , successors and assigns , hereby agrees to the recording of this resolution in the chain of title of the Property . Lili Tod McMillan, Mayor Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 1 7 3 NO. _______ _ +-r- This ins.trument was acknowledged before me this 5_ day of /\ Jo ft-4?1 ,~ 2012 by Christopher David Patnode, a single person. ' qi~, RACHEL DODGE :, , 'OT ARY PUBLIC · MINNESOTA L-/(a_,,_L,_Q Oci..;fb Notary Public ' · " . '.;om mission Expires Jan . 31, 2015 Page 4 of 4 : CERTIFICATE OF SURVEY FOR CHRISTOPHER PA TN ODE OF LOTS 4 & 5, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA EXISTING HOUSE I I ("",1 l I I' l I ' . l I I \ I I I I I I I (.'[SIGIIE'.> I RtvlSIONJ OAT[ 9-5-!2 R(V!StO SltPS 40 i:£1 u ~ ,....:i 0-i >-i ~ ~ i:£1 ::r:: u AO 11410 --7 .. i I \ I I I I I { I I \ I I I I I I I I I I I'/ 11 /11 I I I I I I I I I I I I I I I I I I I I I ( I I I I I I\\ I I I 88•33' 30" E _J 1 <>IJ ?n----·-····-I I ,,.,~ \_ \ \ \ I I 92.11 ·········• ... -······ ( ,••··• , ___ _.:__,_.Jn/t 1UU) / i ~'.~ \ I \ 6 c\ r,,,,.11.P/.flt,. \ 1 1 , 0 u -I · SUijVE I ci ', J -.. '" I I I Ll~t I 0 -·· £ ~t.... 10 T l,i \ I I I \\_ ,gu~i \ "\I:'" \ I m+H"""'"n,.✓ I \ \ I I /\, "'"'-'"·"'-'•""""' :.\\~ 3= :.- "<!- 0, 0 N 0 z 75' I I I \' 5ETBACK(""\i I i , \ UNE I I I O ,, ~---~~ ~-~-~~ ..\ I "l;" \ \ ,l, oci _I 11 \ ~•~~s \'I, \ I I, ,c:,""'-'-' "'-,i,,ie;,,,I \ \ \ ' ~.... '-'--s>,,. '"1 'ii>"'-,,. \ \ , -;...', '-'9.-,/\ I I \ OTT' 5 '\ ~ :\;~ , 1 \ 1 1 1 \1 f \ \ IN ' ~'? "-\ I I I \ 1.1 \ I ,i, O ~"' '-I \ I I \1 \ I ,,..,-.V I I -.-,1 I o '~"'"' i• ___ ..i.----'i'""' ~-r ', 1\ I I \ I I I I W[ll ::! \-\ ;-..__ \ \ \ \ \ I I , :)-.., -' :,, I 9114 91.39 \ -,, .. --·.::?~~l l ' __ .,-,.~ I ' -,., \\\\\I ··--····S 88°33' 30" W 182.53········" I I I \\II\ I I I I t,._; I I I I I I I I 11 1 ... :; l .. .,,. { 1111111 1 1\ I I I \ I I I I I \ I I \ I I I I\ I I EXISTING I I I I I\ I\ I I,\ LEGAL DESCRIPTION OF PREMISES : H U E I \ \ \ I I I I I II I 0 S I I I I I 11 I I Lols 4 ond 5, Block 4, CRYSTAL BAY VIEW f 1450 """_ ,.,}.,I \ I l I l I I I ! I\ o denotes iron marker (908.3) : denotes existing spot elevation, mean sea level doturn __ 917--denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This sur•fey intends to shew the boundaries of the above described oroperty. the location of an existing house, topography on the lakeside of the existing house, and adjoining houses, three existing trees, and the location of oil visible "hardcover" thereon, 11 does not purport to show any other improvements or encroachments. $GRONBERG & ASSOCIATES, INC. I §I I CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 1-~t----t----t-------------------------1. 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 --+--+-------------------------l 952-473-4141 12-289 ~~; LAKE MINNETONKA CRYSTAL BAY 40 20 0 20 40 I hereby certify lt,cl thi!I sur11ey wos propored by me, I SC/.L( or under 'l'lY dlrcrct super11is1on, ond lhot l om o duly 1"-20' regis\end C!11il Engineer ond Lond Surveyor urider th'! tow1 of [t,e Slo\e of Minne:ioto. ~ O',. - ~ C..,J 11-4---09 ~ 12-289 - 574 RECEIVel SEP 05 201 CITYOFORON m~ >< VI ::ro a: c -· ---· ►g \ \ \ \ I I I I \ I I I I 75.' SETBACK 1 I LINE I I I I I I I I I I \1 Ii ,, \ I I ' \ ,, i I I I\ Erosion Control Notes: 1. Open so!!s will be covered and staked With erosion control each time workers stop work. (dalty) 2. No areas are to be striped of existing lurt until that area is ready to be planted and protected with mulch. 3. All planting areas are to boon existing grade, except by steps and wall. I I I I \ \ ~~fin©, Golden Valley, MN 55427 Tel. (763)544-4215 ./ ~®UIIB©©l@ !Rl®@a@l@IIB©® ~ ~@ ©[h)@lfITW ~D@l©® (Q)[]'@ITI)@9 !MiJITilc @@~®~ I I I I Resolution Exhibit 8 i. 7 3 I I f Scale: 1 inch = 1 O feet F7 October 3, 2012 i. \ 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 October 8, 2012, with the original thereof on file in my office , and the same is a conect transcription thereof. City Clerk