HomeMy WebLinkAbout#06-3183 Recorded Resolution 54811111111111 U11111 ii 1111
Doc No 8840500 08/04/2006 03 :57 PM
Certified filed and or recorded on above date :
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 243765 Deputy 13
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-330 AND A CONDITIONAL USE PERIT
PURSUANT TO ZONING CODE SECTIONS 78-1250 AND 78-1286
FILE NO. 06-3183
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
5 4 8 'l NO. ______ _
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-330 AND A CONDITIONAL USE PERIT
PURSUANT TO ZONING CODE SECTIONS 78-1250 AND 78-1286
FILE NO. 06-3183
WHEREAS, Glenn David Solie and Nancy Marie Solie, husband and wife
(hereinafter "the applicants") are the owners 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 according to the plat on file and of
record in the Office of the County Recorder, 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 78-330 to allow construction of a new
residence on a lot containing 24,084 s.f. or 0.55 acre in area and 95' in width where 43,560 s.f. or
1.0 acre in area and 140' in width are normally required; and
WHEREAS, the applicants have made application to the City of Orono for a
conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-1250 and 78-1286
in order to conduct minimal land alterations within the 0-75' zone in conjunction with the
removal of a lake-yard deck and restoration following removal.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 06-3183.
2. The property is located in the LR-lB, One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 1.0 acre and a minimum lot width
of140'.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 8 .,
3. The Planning Commission reviewed this application at public hearings held on
May 15, 2006 and on June 19, 2006 and recommended approval of variances
based on the following findings:
a. The applicants' property is 24,084 s.f. (0.55 acre) in area and has 95' of lot
width.
b. No additional land is available for acquisition by the applicants to make the
property conforming in area or width.
c. The property is served with municipal sewer. A single family residence has
existed on the property for many years.
d. The applicants have proposed a home and hardcover to adequately serve the
property within the 25% hardcover limitation within the 75' -250' zone.
e. The applicants' proposed home will meet all LR-lB zone setback
requirements.
4. The Planning Commission reviewed this application at public hearings held on
May 15, 2006 and on June 19, 2006 and recommended approval of the
conditional use permit based on the following findings:
a. City Code 78-1282 allows for the installation of stairs, lifts and landings in
place of major topographic alterations on steep slopes.
b. The proposed changes to the stair system and wall result in a reduction in
hardcover from 7.6% to 5.7%.
c. The proposed 5.7% hardcover is allowed pursuant to City Code 12-1282.
d. The applicants have provided a restoration plan for the deck removal meeting
the goals and intent of the Zoning Code and the Orono Community
Management Plan.
5. 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 variances and
conditional use pennit on the health, safety and welfare of the community.
Page2of5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 8 ·1
6. 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 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 78-330 to allow construction of a new
residence on a lot containing 24,084 s.f. or 0.55 acre in area and 95' in width where 43,560 s.f. or
1.0 acre in area and 140' in width are normally required and a conditional use permit in order to
conduct minimal land alterations within the 0-7 5' zone in conjunction with the removal of a
lake-yard deck and restoration following removal, subject to the following conditions:
1. Council approval is based on the site plan and building plans submitted by the applicants
and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments
to the site plan and building plans which are not in confonnity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the level of 434 s.f. or 5.7%.
Hardcover in the 75-250' zone shall be limited to 4,088 s.f. or 25% per the proposed plan
and hardcover aUowance summary as depicted on Exhibit A. Applicants are advised that
any future requests to increase hardcover above 25% 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. Applicants shall remove all plastic or fabric liner material from the decorative landscape
beds on the property to ensure their penneability as non-hardcover surfaces.
4. Required removals of the deck structure shall be completed by the footing inspection for
the new home. The restoration of the area of the deck removal and installation of plant
materials shall be completed prior to the issuance of a certificate of occupancy if not
sooner. The restoration plan is attached as Exhibit B.
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 6 1
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 (June 26, 2007).
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 tenninate any auth01ity
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 26 th day of June, 2006.
ATTEST :
_< i 2ul-Cv J'. t~
Linda S. Vee, City Clerk
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on thi ~ {., day of cJ~ ,
2006 by Barbara A. Peterson , Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
5 4 8 1 NO. ______ _
{k-
The foregoing instrnment was acknowledged before me on this ). 7day of ~ • .. 0
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpo~
said instrument was executed on behalf of the City.
~l'<",:::,,~~8'<· ~~~~:?Z2~~~
~f RACHEL DODGE
NOTARY PUBLIC-MINNESOTA
) My Commi ssion Expires Jan . 31 , 2010
~ < ' ~~-~~~~~~~
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this /z:.+;:.y of J · , 2006 by
Glenn David Solie, husband of Nancy Marie Solie. ~
RACHEL DODGE P...c~ t) D c,.,~
NOTARY PUBLIC -MINNESOTA Notary Public '
My Commission Expires Jan. 31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN ~i
This instrnment was acknowledged before me thisd [ day of ~-· , 2006 by
Nancy Marie Solie, wife of Glenn David Solie. ~
RACHEL DODGE
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2010
f!_.a,.___,f-_; __ ):_ f2o o l yf--
Notary Public
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