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Home My WebLink AboutResolution 3265 - not recorded fr i' POPHAM HAIK 'I SCHNOBRICH & K A U F M A N, LTD. SUITE• 3300 INTERNATIONAL OFFICES: U.S.OFFICES: 222 SOUTH NINTH STREET LEIPZIG, GERMANY DENVER,COLORADO MINNEAPOLIS, MINNESOTA 55402 . . TEL 01137-41-4919471 • TEL 303-993-1200 T E L 6 1 2-3 3 3-4 8 0 0 4 F A X 6 1 2 3 3 4-8 8 8 8 STUTTGART,GERMANY :CC% Alik, O CITY of ORONO RESOLUTION OF THE CITY COUNCIL kESKo 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 FILES #1783/1784 WHEREAS, David R. Carlson (hereinafter "the applicant") has an interest in the property located at 610 Big Island within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of a seasonal dwelling that will be located 23' 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 merely 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 specific structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed under Zoning Files #1783/1784. 2. The property is located in the RS, Seasonal Recreational District requiring 5 acres in area. An area variance was officially granted to the property in the approval and adoption of the RS District. Page 1 of 6 Form 5005 Disk Orcin . . . O .� O®,�' CITY of ORONO V,eT� RESOLUTION OF THE CITY COUNCIL '� ti NO. �` ti 4. e4 • `�kE3Hog 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 findings: A. The seasonal dwelling will be located 75' from the lakeshore and will meet the 10' interior lot line setback. B. The property will be served by an approved on-site septic system to be located above the 931.5 or flood plain elevation of Lake Minnetonka. C. Proposed hardcover for comprehensive improvement of the property will result in 8.15% hardcover where 25% is allowed in the 75-250' setback area. D. 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 fords 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 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 public, would not adversely affect light, air no pose a fire hazard or other danger to neighboring properties, nor.will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 Form 5005 Disk Orono OO gt, 04i. CITY of ORONO RESOLUTION OF THE CITY COUNCIL tit' ) # 4) CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, 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 23' 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 existing cabin on the property located 4' from the west side lot line shall be razed by August 1, 1993 so that a new seasonal dwelling may be installed on the property. 2. The seasonal cabin shall be limited to 2-bedrooms as septic system serving dwelling will be shared with adjacent property, Lot 1, Island Pointe. The shared septic system has been designed at a 4-bedroom use. Both properties shall be limited to 2-bedroom seasonal dwellings. 3. 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 confirming elevation of first habital floor at a minimum 932.5 elevation. d. Drainage plan to include erosion controls. Such measures must be in place during 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, but are permissive only and must be exercised by application for a building Page 3 of 6 Form 5005 Disk Orono ----,ck, N' CITY of ORO NO .: IiTO , RESOLUTION OF THE CITY COUNCIL � = , NO.r4,.4 \\:..:11,06, ior+c),S,' 9kEsHog 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 authority 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 II ST: .1 i i 7 Y1 ///I Dor.thqi lin CityClerk Edward J. Callahan, Jr., Mayor ilL "operty Owner(s) Page 4 of 6 Form 5005 Dish Orono o CITY of ORONO O -� RESOLUTION OF THE CITY COUNCIL '�+ �� 1 s ✓ it/ NO.3 kE3H� 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 & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. C_Ci7/ it fro J l .r• ,��r�� .� i Notary Public CAROLE A. HASEMAN NOTARY PUBLIC—#I i HENNEPIN COUNTY ""'COMMISSION EXPIRES 111-23-126 My Commission Expires Page 5 of 6 Form 5005 Disk Drano , . ®N. v.O . O CITY of ORONO �, 3:'^ RESOLUTION OF TCITY COUNCIL r ! , e` titi NO.I HE 4'� FSG kEStidi STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /.- ----1-h day of t. 199 i before me a Notary Public within and for said county,persona appeared Z2 k (7.0„ .„ ,,,,,,,,_, .,,,Lv,,,e Af-ye _ hJ known to me to be the person(s) descried in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BOSMA is ellzi.-4k.... ,.. flei—C4/..7,64,,. NNESOTA NOT•. Y UBLIC NOTARY PUBUC-MI HENN�IN COUNTY 1 '' ..••' My Carnet Fomites 12-19-97 STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) fki On this ,2 7 day of ?,4 , 199 3_before me a Notary Public within and for said county,personally appeared C/ AtAa's L- A GELow, ,, t Sv Ak- CGc)AIErt 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. r14 V-RNON E. FAABERG 4 , ilit, - NOTARY PUBLIC-MINNESOTA , .w; HHNNEPIN COUNTY , i / ,- MY COMMISSION EXPIRES DEC. 31,1996 N TARY PUBLIC Page 6 of 6 Form 5005 Disk Orono RESOLUTION STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ April 12 , 1993 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 13th , day of April , 1993 / /�,^ /dLgee. / o'othy gHalli , City Clerk (SEAL) t