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Home My WebLink AboutResolution 3264 I � � � O � �' � CITY of ORONO - O .�, � � O . :,�,�� RESOLUTION OF THE CITY COiTNCIL � . , � �„ � � �� ti • N0. � � � � . : ti, �� og�G E38 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8, 10.22, SUBDIVISION 1(B) AND 10.31 SUBDIVISION 11(A) AND A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10 F1LES #1781/1782 � WHEREAS, David R. Carlson (hereinafter "the applicant") is owner of the properry located at 620 Big Island within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter "the property"); and WI�REAS, the applicant has made application to the City of Orono to permit • the construction of a seasonal dwelling that will be located 90' in front of the average lakeshore setback line where Section 10.22, Subd. 1(B) would allow no encroachment, seasonal dwelling will be placed within the flood plain of Lake Minnetonka; per Section 10.55, Subd. 8 would allow no construction within the flood plain and the foundation of the seasonal dwelling shall consist of inerely frost-depth footings; per Section 10.31, Subd. 11(a)would require a permanent frost-depth foundation of either solid masonry or. treated wood that would enclose entire perimeter of structure. Applicant has applied for a conditional use permit per Section 10.55, Subd. 10 to install a seasonal dwelling within the flood plain where only approved structures are allowed. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota.: � � FINDINGS � 1. This application was reviewed under Zoning Files #1781/1782. 2. The properry is located in the RS, Seasonal Recreational District requiring 5 acres in area. Per Section 10.31, Subd: 2(A) the property was approved for lot area variances per Resolution #1998 at the time of the creation of the RS District. � � Page 1 of 6 � - � � � � . . . fam 5005 Disk Oram . 0 � �' � CITY of ORONO • � �� .� � � . � � RESOLUTION OF TI� CITY COUNCIL � ��' ' .' � � ,�, � ��, b�� C, NO.e� � � � s 6, �, ��9� O¢�G . ESH 3. The Orono Planning Commission reviewed this application on November 16, 1992, and recommended approval of the proposed variances as set forth above and per Section 10.55, Subd. 10 approved a conditional use permit for the construction of a seasonal dwelling within the flood plain of Lake Minnetonka based on the following fmdings: A. The properry is located on a peninsula. The former seasonal dwelling on the properry was located within 40' of the lake and a 100'+ in front of the average lakeshore setback. � B. The seasonal dwelling will be located 75' from the lakeshore and will meet the 30' interior lot line setback. C. The properry will be served by'an approved on-site septic system to be � located above the 931.5 or flood plain elevation of Lake Minnetonka. ., D. Proposed hardcover for comprehensive improvement of the property will result in 16.21% hardcover where 25% is allowed in the 75-250' setback area. . E. The Minnehaha Creek Watershed District will not require compensatory excavations for the frost depth footings as long as the structure is so designed to allow water to flow freely beneath it. 4. The City Council finds that tlie conditions existing on this properry 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 properry � right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. � � 5. The City Council finds that granting a conditional use permit to allow the construction of a seasonal dwelling on Big Island within the flood plain of Lake Minnetonka will not be detrimental to the health, safety or general welfare of the • . " � .. � � � Page 2 of 6 . . . Farm5005 UlskOrono ' � o� O :. O CITY of ORONO • � ;;�=� . RESOLUTION OF THE CITY COUNCIL r� �� •-� �► ' � -� ,�, � �s �� ti rro. � 2 � � ��9� O��G ESII . public, would not adversely affect light, air no pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding properry values and � that the proposed level of use of the properry will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 1(B); 10.31, Subd. 11(A); and 10.55, Subd. 8 and per Section 10.55; Subd. 10 grants a conditional use permit to � allow the construction of a seasonal dwelling within the flood plain of Lake Minnetonka to be located 90' in front of the average lakeshore setback line and said structure's foundation will consist of frost-depth footings to allow water to flow beneath structure, subject to the following conditions: • 1. The seasonal cabin shall be limited to 2-bedrooms as septic system serving dwelling will be shared with adjacent property, Lot 2, Island Pointe. The shared septic system has been designed at a 4-bedroom use. Both properties shall be � lunited to 2-bedroom seasonal dwellings. . . • 2. Upon application for a building permit, applicant must provide the following: a. Foundation design by either a certified architect or engineer. b. Permit from the Minnehaha Creek Watershed District. c. Topographic detail conf'u�ming elevation of first habital floor at a minimum 932.5 elevation. d. Drainage plan to include erosion controls. Such measures must be in � , place duri.ng the construction. . 3. All building construction shall be subject to all pertinent standards set forth in . Section 10.31, Subd. 11 of the RS District. 4. Authorities granted by this resolution run with the property not with the owner, • � . Page 3 of 6 � . � - . � - � . Fam 5005 Dish Orono . � o� O :. _ Q CITY of ORONO • "`� ;��-� RESOLUTION OF THE CITY COUNCIL � � 3 Y7 � � � � -� r�, � �� " lS, lvd. � �, '�, ti, ��, og�G . . ESS but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 12, 1994). 5. 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 authoriry granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms � . of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the . property. . Adopted by the Orono City Council on this 12th day of April, 1993. • A � ST: � . , � (�/� � • Do othy . H llin, Ci Clerk Edward J. Callali'an, Jr., Mayor� ' � . � � ' Properry wner(s) . . P • . � � . � � . . . . � Page 4 of 6 � �� • . � ' � � � Fam5005 askO�O�o � �� O :. . O CITY of ORONO � " � ?e�� RESOLUTION OF Z'HE CITY COUNCIL �, � �. �`��;� �, _ No.3 2 � `�.` � ti '��`9k Og'�G . EsH STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & Ci�y Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. l ` ��J(./.��iZ�� CAROLE A, a+ase�,uw ' Notary Public NOTARY PI�LIC--MMMESOTA .i� HENNEPIN COUN'ry • MY CCN„dISSIpN EXPIRE9&23.gg My Commission Expires • � Page 5 of 6 � ' � . . Fam5005 DiskOrano � °� O :. Q CITY of ORONO • �`� ,��=� RESOLUTION OF TI�CITY COLTNCIL � � �s, .�� , NO.� �' � '�� ti ��9� og�G E3Ii STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /a�� day of , 199.3 before me a Notary Public within and for said county,persona appeared ,Q�—�� L� known to me to be the person(s) described in and who executed � the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. M JAMIE L.BOSMA � � ?��^ � NOTARY PUBLIGMINNESOTA •�- : : H��N courmr NOT PUBLI O ''•,�. � My Comm.Fxpires 12-19-97 STATE OF MINNESOTA ) � � � ) ss. COUNTY OF HENNEPIN ) � � On this day of , 199_before me a Notary Public within and for said county,personally appeared . � known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � NOTARY PUBLIC Page 6 of 6 � • � ' F«m soos o��o��