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Home My WebLink AboutResolution 5687 . , � � l../ �� Doc No 4458951 01/04/2008 11:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 365453 Deputy 40 Newcert Cert Fees 1207154 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total , . /�7 ��`f A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-571 AND 78-573(1) FILE NO. 07-3323 1 i �� =, t-�.J'?� � � o � o ��,, _ ° ;��,,� CITY of ORONO � � �:� ti �' �'' '�' G'�' RESOLUTION OF THE CITY COUNCiL ��`�kESH.04��' NO. '`� � � � A RESOLUTIO:�' GRAI�'TING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-571 AND 78-573(1) FILE NO. 07-3323 WHEREAS, Judson Champlin and Ale3�a Champlin, husband and «�ife, (hereinafter "Owners") are the owners of the property located at 210 Big Island within the City of Orono (hereinafter "City") and legally described as: Lots 21 to 24 inclusive, that part of Bay Place vacated lying East of the Easterly lines of Lots 21, 22, 23, And East of a line drawn from the Southeasterly corner of Lot 21 to the Northeasterly corner of Lot 20 and lying North of a line erected perpendicular to tlle last described line at a point thereon 15 feet Southerly from the Southeasterly comer of Lot 21 and extending to the shore of Lake Minnetonka, all in Morse Island Park Hennepin County, Miilnesota (hereinafter "the Property"); and ��'HEREAS, Structures Unlimited has made application on behalf of the Owners to the City for a variance to Municipal Zoning Code Section 78-571 to allow a retaining wall within the 0 to 75 foot zoile where no hardcover is allowed; and WHEREAS, Structures Unlimited has made application on behalf of the Owners to the City for a Variance to Municipal Zoning Code Section 78-566(13) to allow a retaining wall over 42 inches tall; and «'HEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannin; Commission held a public hearing on October 15, 2007, at which times all persons desiring to be heard concerning this application were given tl�e opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Mimlesota: FINDINGS 1. This application was revie��ed as Zoiling File #07-3323. 2. The Property is located in the RS zoning district, where 5 acres is the minimum lot area and ?00 feet is the minimum lot ��idth. The Property is approximately Page 1 of 4 � o� o �, o �,�; ,,� CITY of ORONO � � :� � �' � i`' �� '� RESOLUTION OF THE CITY COUNCtL C� ��kESH�� N0. ;,.� �� ,-; 1.02 acres in area and 196 feet in width. 3. The Plannin� Commission reviewed this application on October 15, 2007 and on a vote of 6 - 0 recommended appro��al of the variances, based on the following findings: a. The height of the retaining wall is necessary because of grading done to create a level area for the new septic system. Installation of this system was required by the City. The height of the wall could be reduced but would require grading and retnoval of additional trees. A substantial number of trees were removed to install the septic system. b. The portion of the retaining wall that is over 42 inches higl� will not be ��isible from the lake. c. The retaiiiing wall within tl�e 0 to 75 foot zone is necessary to convey drainage around the cabin and provide positive drainage for the cabin. The altemative would be removal of more trees and more regarding. d. There is 30 square foot lakeside deck that can be removed so there will be no increase in hardcover within the 0 to 75 foot zone. 4. The City Council has considered this application including the findings and rec.ommendation of the Planning Cominission, reports by City staff, comrnents by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council fii�ds 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 variances would not adversely affect li�ht, air nor pose a fire hazard or other danger to neighboring property; ��ould �iot Inerely serve as a convenience to the Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Ov��ners; and would be in keeping with the spirit and intent of tl�e Zonin� Code and Comprehensive Plan of the City. Page 2 of 4 � o � o , o $��:e.- CITY of ORONO a �� `� � . ;� �'� " `�'' G'�' RESOIUTION OF THE CITY COUNCIL z ��'�Y -, � _ `9kESH�4 NO. � �. J CONCLL'SIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-571 and 78-566(13) to allow construction of a retaining wall subject to the following conditions: l. Council approval is based on the site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 1,132 s.f. or 5.60% per the proposed site plan and hardcover allowance summary as depicted on the site plan. This amount shall be subtracted from the hardcover allowance for the 75- 250 foot zone. The owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved v��ithout concunent reduction in existing hardcover. 3. Authorities granted by this resolution run with tl�e Property not with the owners, but are pern�issive only and must be exercised by obtaining a building permit for the wall before November 13, 2008 ar the variance will expire on that date. 4. Violation of or non-coinpliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tern�inate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Owners have read, understand and hereby agree to the tenns of this resolution and on behalf of tlieir heirs, successors and assigns, l�ereby agree to the recording of this resolution in the chain of title of the pi-operty. Adopted by the Orono City Council on this 13th day of November, 2007. Page 3 of 4 � o� o �, o ��.- � � CITY of ORONO � �� :� ti �' '' �'` �' RESOLUTION OF THE CITY COUNCIL �t`4kESHa4�G NO. '�� !� �7 ATTEST: ,'�;,.,�,d� �J" . �� °1vlt� 11�` • l--t.i�,c.-�e�" Linda S. Vee, City�l,erk� Jam M. White, Mayor ��.;�:��7� � " �=- �/" , . ..._... <_. �,�..- ` Judson Champlin eya C amplin STATE OF MINNESOTA COUNTY OF HENNEPIN � _. This instrument was acknov,�ledaed before me this ��day of ��_.��_('�l'Z 7_��,�(',�� 2007 by Judson Champlin, husband of Aleya Champlin. � .. _ �__ .2--�.�.��'�=�c��ces�-:2.e�'"'. 1 ��y ', � �ACHEL DODGE `��' / � �U ��`� �� , / � �"=t�,�y� :. NOT�RY PJ��IC-tJ�INVESO�4 .�_ l �`�--`--"f t_,,/��.� ,f �t� �J� .,, �'��°�i,��Y� ._Ja^: t" I^ � �% � ` � _. - +� ,� � � � � � '�-�' " Notary Public STATE OF MIIv'NESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this � day of ��'��ry,,g�>, 2007 by Aleya Champlin, wife of Judson Champlin. ;��r_��:�.��.a_2.�:z'.�•�.�,� 1 ,�� BARBARA G. SILUS 4� ��'�` !�0'ARY PUBLIG ��1iNNESCTA ��'�`�� My Gommission txpires Jari Jt,20u9 a�� ;;,.=>u..�i?:ar:'�:>�s-�.-v..:..,f'��c,`..<. _ ... Notary Publi Page 4 of 4 '� 687 ZONING FILE NO. 07-332; EXHIBIT A RESOLUTION NO. .��,�, .��,��: .�,�,f ==��r� -I� 4�i4?ai��.: CI� � I1il I�� nm, • � frt-r-�- u�.u - "'_ �' : i c � ,. ^N I ;IQ ,' _// � h� i m1' C �I�ff �y ��, �� .. . � Y 1 1 1' Y f � N Y h C 9I I � V l I' � // 9'�} a w c : c I,•. ,� i � / + • p �e' �c �� , �// � 6 `6L'1 O^ Q t��n ' - I�I ,'R'I.JI: � <C : � J U �< `� .t _<I Ii GI �� <i I:: .:�� /, �-� G � �1��_ �i�� :�3�� 3��,� ,, n_ � � �` '_ _ o � �� .� ; , � -� ,nneto��° � 2 � � �ke M � ��' �. �M �'_-=—_ � _�� - - -___`� i �--` �/ �'a,s—'�\ 1I c — __ =- - ?�s__�� ' � A T E D � o� - -_ -�� ,��` C � -- :�6 � �--- -� j v/ A C' � - 9.6 ' ��.. " 'G � P � . ' GFe' � � ��rF � � � � 2oso . /'/ , \�� E _ ti"-`_. I^; . // � �� ..1. � � - � o , , Y : - , ,. , A `, � - :— ��, P _ .. _s �4 �a-- , ��;� �, ; � � – � � .,. " / o �Y��a � --- ,— `03, �z�,eo�� 6 _ ` a 's, _�\�� . \ �——_-_ , - � ___ _ 1_ � � _ �' �.�`J; _ -. F i. S 1 r F� _... _ �:�{� ��L -}a. .. . . 9£G .._.._ �� ,r � . .. s --.-- - __/_� �$t` ��I�..� �•. �>Fr 6 . - �� ` s6�j� ..: � � ,o .. .. Orc' J �i. ��` . ' .. . . . _ ...__6_ '�'[ f i ` .'�^�J� . C16 ` i... _ f . . . 2aG tn.0' �- �'S . �e a�_'��. . . `� . � �j '. . i ;cS -�: ' . , . ...._"'"`. . � s56:. � �� .� p>o .` _ �' �. . ,- � ' ' � .. � £ � � a � -__a____ ___-- y , � — � _-e� ql� --�---- � J . P S 2 ^I l9 = �Y. i ., / ppC . '' /j�b- O L I � j I / �Z a _"�_., ty p ... p� . N ,� o � � %� � N �� e � �� / . , � !v . _ 1'_{ c. • � � y, , J � G P, ,; s �.. i � � �, �%, ,sF �a, 9`-'" � - � � N „ri . -� ,= # « -_ o << �� o 0 ,.. � F� � o � �',� _ . _ , ��.. _- � i; ._ � z ,i i5' _ ci n c. � s. � 6 ... . ,�J., � 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 November 13, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as sucl� City Clerk and the Corporate seal of the City this 14th day of November , 2007. �� `� City Clerk (seal)