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Home My WebLink AboutResolution 5918 Doc No T4781479 Certified, filed and/or recorded on 8/20/10 1:26 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 33 Pkg ID 649447 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1310402 This cover sheet is now a permanent part of the recorded document. 310 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) & (6), 78-1288 and 78-1405(6) FILE NO. 10-3445 p a' r r i} O O CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SI;0 NO. 5 9 1 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) & (6), 78-1288 and 78-1405(6) FILE NO. 10-3445 WHEREAS, Clifford Swenson and Barbara Swenson, husband and wife (hereinafter "the applicants") are the owners of the property located at 2965 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 1470, files of the Registrar of Titles, 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 Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a grade level deck 28 feet from the OHWL of Lake Minnetonka and ahead of the average lakeshore setback line; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot setback zone where 112 square feet (lake access stair) is normally allowed; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1405(6) to allow a grade level deck to encroach into the required 10 foot side yard. The grade level deck is proposed to have a 4 foot setback from each side lot line where a 10 foot setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 10-3445. Page 1 of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SYt0 NO. 5 9 1 8 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on February 16, 2010 and recommended approval of variances based on the following findings: a. The property contains 21,240 s.f. in area and has 20 feet in width at the OHWL and 26 feet in width at the 75' setback. b. The lot is substandard in width and a residence has existed on the property for many years. There is no additional land available to bring the lot width into conformity. c. The narrowness of the property at the lake presents an additional challenge to meeting the 10 foot side setback requirement. d. The hardcover variance level as requested is due to the narrowness of the property at the lake. e. A lake access stair is necessary due to the grade of the property at the lakeshore. f. The grade level deck will not adversely impact views of the lake enjoyed by neighboring property owners. 4. 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 variance 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Page 2 of 5 O � CITY of ORONO ti RESOLUTION OF THECITYITY,I COUNCIL �kESIi04 NO. 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 variances to Orono Municipal Zoning Code Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a grade level deck 28 feet from the OHWL of Lake Minnetonka and ahead of the average lakeshore setback line; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot setback zone where 112 square feet (lake access stair) is normally allowed; and a variance to Orono Municipal Zoning Code Section 78-1405(6) to allow a grade level deck to have a 4 foot setback from each side lot line where a 10 foot setback is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity 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 328 s.f. or 19% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants 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 without concurrent reduction in existing hardcover. 3. An as-built survey verifying compliance with the variance approval and the building permit shall be submitted prior to the refund of the escrow. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover to be removed shall be completed prior to the issuance of the building permit. 6. 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 (March 8, 2011). Page 3 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SYi0g�G NO. 5 9 1 8 7. 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. 8. 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 8th day of March, 2010. ATTEST: ijin y t k , Linda S: Vee, City Clerk Ja s M. White, Mayor �2A Proy Owners) Page 4 of 5 0 0 CITY of ORONO h `' ti RESOLUTION OF THE CITY COUNCIL SI �G NO. 5 9 1 8 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this B day of if , 2010 by Clifford Swenson, husband of Barbara Swenson. BARBARA G.SILUS NOTARY PUBLIC-MINNESOTANESOTA My Commission Expires Jan.31,2013 Notary Public 9, ci STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this B day of %J , 2010 by Barbara Swenson, wife of Clifford Swenson. BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2W Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR CLIFF SWENSON OF TRACT A, R.L.S. NO. 1470 1 Cj IC9—0 HENNEPIN COUNTY, MINNESOTA ' 0 OT Cak dT n to 6I0 10 COr.C1ETE PATO CONCRETE m D 250 RIVEWAY SETBACK LNE �EXISTING -20 0 20 40 60 GARAGE. 0 T,I 0 0 0 SCALE IN FEET 00: TRACTIA cp LA LEGAL DESCRIPTION OF PREMISES Q, 41 LP Tract A, Registered Land Survey No. 1470, files of -EXISTING rN Registrar of Titles, Hennepin County. Minnesota. —02 M .1 HOUSE aI"s, denotes iron marker set 4 • denotes iron marker found COKCNETE PATO Bearings shown are based upon on assumed datum. This survey shows the boundaries of the above described property, the location of an existing house, garage, and concrete driveway/ c> sidewalk/patio, and the location of oil visible "hardcover" thereon. .-0 15.56 It does not purport to show any other improvements or encroachments. S N 82*00,00,, W 7-1b,—U�,Llt thi.—y Z�st,.Pr.q—d by 1 d thy. t..*Tl* S—ey .�M " Wer ExT 9-4- 61 75' Mork S.rwonbwg 10—to Lice'.Nwrb,r 12755 DECK LW SETBACK M 7 E REPLACM LINE 0 A D NTEAE0 RONBERG & ASSOCIATES, INC. ry ON T LOT M Or CONSULTING ENGINEERS, LAND W. SURVEYORS, & SITE PLANNERS M LAKE 4% 445 NORTH WILLOW DRIVE,LONG LAKE, MN. 55356 952-473-4141 -20- MINNETONKA —E D TE -12-09 UPPER LAKE 929.4 CONTOUR 931.5 a—— NEiHo'FE 9-271A DF REL.ECT CONTOUR LINE ao 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 8, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 11th day of March ' 2010. Lice (/ Cit y Jerk 1