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Home My WebLink About#06-3247 Recorded Resolution 5591Ill II I I I II II lli111il 111 Doc No 8966478 04/19/2007 11 :08 AM Certified filed and or recorded on above date : Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 306411 ()(o--32..4-1 Deputy 5 Fees $35 .50 DOC $10 .50 SUR $46 .00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 06-3247 CITY of ORONO RESOLUTION OF "Ws c9r1 COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 06-3247 WHEREAS, Suisse Capital LP, a Limited Partnership (hereinafter "the applicant") is the owner of the property located at 1470 Cherry Place within the City of Orono (hereinafter the "City") and legally described as follows: Lots 8 and 9, Block 4, Crystal Bay View, also the East Half of vacated Cherry A venue, 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 applicant has 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 29,295 s.f. or 0.67 acre in area and 84' in width at the ordinary high of Lake Minnetonka and 95' in width at the 75' lake setback where 43,560 s.f. or 1.0 acre in area and 140' in width are normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3247. 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'. 3. The Planning Commission reviewed this application at a public hearing held on January 16, 2007 and recommended approval of lot width and lot area variances based on the following findings: .. a. The applicant's property is 29,295 s.f. (0.67 acre) in area and has 84' in width at the ordinary high of Lake Minnetonka and 95' in width at the 75' lake setback. · Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 5 9 1 NO. _______ _ b. No additional land is available for acquisition by the applicant 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 applicant has proposed a home and hardcover to adequately serve the property within the 25% hardcover limitation within the 75' -250' zone. e. The applicant's proposed home will meet all LR-lB zone setback requirements. 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 variances and conditional use permit 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 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right o( the applicant; 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 29,295 s.f. or 0.67 acre in area and 84' in width at the ordinary high of Lake Minnetonka and 95' in width at the 75' lake setback where 43,560 s.f. or 1.0 acre in area and 140' in width are normally required, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicant 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 confom1ity 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. 5 5 9 ] 2. Hardcover in the 0-75' zone shall not increase above the level of 0 s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 4,902 s.f. or 25%, and hardcover within the 250' - 500' zone shall be limited to 894 s.f. or 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover above the limits previously stated or chang e the natur e of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the prope1iy to ensure their pe1meability as non-hardcover surfaces . 4. Authorities granted by this resolution nm with the property not with the applicant, but are permissive only and must be exercised by obtaining a building pem1it for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 26, 2008). 5. Violation of or non-compliance with any of the tenns 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, understands 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 ofthis resolution in the chain of title of the property . Adopted by the Orono City Council on the 26 th day of March, 2007. mes M. White, Mayor Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 9 1 The foregoing instrnment was acknowledged before me on this o/!:_· day of A;/,/ , 2007 by James M. White, 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 a/'.A.,...___ ( ,.-<.-/I, ft'!-u ~/. N ta? Public r.... l~JAc,..,..·'oNuWEV\L:N1'NI/VMV\..MYNOV\JUMNNG•l!I . · l . Notllty Puh llc-Minn esota ,/ ~ . U.~ (;-1m.nlaslllf1 l::xpii'es Jan 31, 2010 15w '<rl\:/INVWV>JWWW1\,vv\l'IAll,1V111ol'm The foregoing instrnment was acknowledged before me on this / /~ay of ~-/, 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpo~ said instrnment was executed on behalf of the City. ~· -·.~~3~3.~~lrG2~?<:-~ae,~~~~~ (,l · . '( f{/.\C HEL DODGE NOTARY PUB LIC-MINNESOTA My Com mission Expires Jan. 31, 20 10 ~&'>-----~ STATE OF MINNESOTA COUNTY OF HENNEPIN /!_(LA_~ Notary Public ¾ This instrument was acknowledged before me this · /(f ~ay of /b?r I I Y-D\..,\ Shet_h t:<.>1" ,its 0 '--:L l wo__l Pc1..r+N D . \__/4-eu__~ Notary Public ~1:~-.;,;~"', "'· RACHEL DODGE ,.. 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I () DI 5 5 9 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 ___lQ__, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. City Clerk