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Home My WebLink AboutResolution 5850 � y l lit/ 7 l� �'ll.� W � �� :.�� , �_.. Doc No T4683222 Certified, filed and/or recorded on 9/2/09 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Tities Jill L. Alverson, County Auditor and Treasurer Deputy 22 Pkg ID 566771 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1190401 This cover sheet is now a permanent part of the recorded document. � � ,. A RESOLUTION GRANTING VARIANCES SECTIONS 78-1279, 78-1288, 78-1608(3)O FILE NO. 09-3410 � o� 0 0 �'��a�;�- � CITY of ORONO � a �� °��' � ti �� `�� p'�' RESOLUTION OF THE CITY COUNCIL ��kESS�4� NO. �i R� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1288, 78-1608(3)(c) FILE NO. 09-3410 R'HEREAS, Jack W. Safar and Pam Safar, husband and wife (hereinafter "the applicants") are the owners of the property located at 980 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as follows: Attached as E�hibit A, (hereinafter the "property"); and �'HEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition ahead of the averaQe lakeshore setback, and the deck 45' from the OHWL and the addition as close as 50' to the OHWL where a 7�' setback is normally required, and WHER.EAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1608(3)(c) to allow construction of an addition within approximately 28' from the edge of the wetland where a 70' (SO' buffer + 20' structural setback from the buffer) is normally required, and V�'HEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 20°�o hardcover within the 0-75' setback zone where 0°ro is allowed and 19.5% currently exists in order to construct the addition. N0��4�, THEREFORE BE IT RESOL��ED by the City Council of Orono, Mimlesota: FINDINGS L This application was reviewed as Zoning File 09-3410. 2. The property is located in the LR-lA Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. Pa�e 1 of 4 � o� 0 0 '�� CITY of ORONO �a_ - � � � � � '�:�° �~ RESOLUTION OF THE CITY COUNCIL t`9kESH�4� No. 5 8 5 0 3. The Planning Commission reviewed this application at a public hearing held on June 15, 2009 and recommended approval of variances based on the following findinas: a. The property contains 64,575 s.f. or 1.48 acre in area. b. The ]ot is substandard in area and a residence has existed on the property for many _years. c. The existing home was constructed in 1987. At that time Ferndale Marsh required only a 26' setback from the wetland. In 2005, the City's wetland regulations were amended and the interpretation of Ferndale Marsh as part of Lake Minnetonita changed the setback requirements and more restrictive hardcover regulations were applied. d. Approxiinately 80% of the property is within the 7�' setback. The proposal, at 9% structural coverage, will not exceed the structural Iot coverage limitation of 15%. e. The proposed addition will not negatively impact views of Femdale Marsh enjoyed by adjacent properties. 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 existin� on this property are peculias to it and do not apply �enerally to other propert_y in �his zoning district; that granting the variance would not adversely affect traffic conditions, lijht, air nor pose a fire hazard or other dan�er to neighboring propert��; 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 applicants; and would be in keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. PaQe 2 of 4 � o� 0 0 �'��aa= - CITY of ORONO � � � � :�� RESOLUTION OF THE CITY COUNCIL �L`4kESH�4�G NO. � g J � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition ahead of the averaQe lakeshore setback, and the deck of the addition to be 45' from the OHWL and the addition to the home to be as close as 50' to the OHWL where a 75' setback is normally required, and a variance to Orono Municipal Zoning Code Section 78-1608(3)(c) to allow coustruction of an addition within appro�imately 28' from the edge of the wetland where a 70' (50' buffer + 20' structural setback from the buffer) is normally required, and a variance to Orono Municipal Zoning Code Section 78-1288 to allow 20% hardcover within the 0-75' setback zone where 0% is allowed and 19.5% currently exists in order to construct the addition, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. 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 10,899 s.f. or 20%. Hardcover in the 7�-250' zone shall be limited to 6,075 s.f. or 60% per the existing conditions shown on the proposed plan and hardcover allowance summary as depicted on Exhibit B. 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. Applicants shall remove all plastic or fabric liner matenal from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover to be removed shall be completed prior to the footin� inspection for the proposed addition. 5. Authorities �ranted by this resolution run with the property not with the applicants, but are permissive only and inust be exercised by obtaining a building permit for the new construction within one year of the date of Council appro��al, or the variance will expire on that date (July 13, 2010). Paae 3 of 4 � o� 0 0 � �� - CITY of ORONO ,� �, � �'',� � `�� ' G'�' RESOLUT�ON OF THE CITY COUNCIL L`gkES�I�4'� NO. � � ,�1 � 6. 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. 7. 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 a�ree to the recording of this resolution in the chaul of title of the property. Adopted by the Orono City Council on the 13th day of Jul��, 2009. ATTEST: �...-�� /� � � .�-- - G -�.e.,� G� (,c,.d Ft�.-E-�-' in a S. Vee, City Clerk Jame M. White, Mayor P et ner(s) ATE OF MINNESOTA COUI��T�" OF HE?�?vTEPIIvT This instrument was acknowledged before me this� day of u �� , 2009 by Jack Safar, husband of Pam Safar. _�. �� MONICA A. FADNESS �� NOTARY PUBLIC-MINNESOTA `-;,,;:`! My Commission Expires Jan.31,2012 NOtar}'PubliC STATE OF MINNESOTA COUNTI' OF HE?vTTEPIN This instrument was ackno��ledged before me tlus� day of� �S� , 2009 by Pam Safar, wife of Jack Safar. � I/��/�(_OL- Notary Public MONICA A.FADNESS NOTARY PUBLIC-MINNESOTA ':;,;:. My Commission Expires Jan,31,2012 PaQe 4 of 4 5 � 50 ZONING FILE NO.: 09-3410 EXHIBIT A RESOLUTION N0. All of the following described tract Lot 24, "Country Club Estates Hennepin County, Minn.", except that part of said Lot oescribed es follows: Commencing at the most Southeny corner of said Lot 24; thence Northwesterly along the Southwesterly line of said Lot e distance of 26.6 teet; thence Northeasterly deflecting to the right at an anale of 89 degrees and 18 Minutes to the Nortn (ine of said Lot 24; thence Eest along the North line of said Lot to the most Northerly corner of Lot 23 in said Country Club Estates, Hennepin County, Minn.; thence Southwesterly along the line between said Lo'ts 23 and 24 to the point of beginning, wnich lies Southerly of a (ine drawn from a p�int on tne West line of said Lot distant 2C5 feet South of the Northwest corner of said lot, through a point on the Southeasterly line of said Lot distant 300 feet Southwesterfy of the Northeosterly corner of said Lo�. That part o` Government Lot 1, Section 2, Township i17, Ranoe 23, described os follows: Commencing at the most southerly corner of Lot �4, "Country Club Estates, Hennepin Count}�, Minn."; thence Northwesterly, along the southwesterly line of said Lot 24, a distance of 20.6 feet; thence Southwesterly, deflecting to left at an angle of 90 dearees and 42 minutes, to the center (ine o` County Road (Orono Rood) es shown on said plat and the actual point of beginning of the land to be described; thence continuing Southwesterly, on the same course, to the shore line o` Lake Minnetonkc; thence Northwesterly, along said shore line, to the intersection with the southerly er.tension of the west line of said Lot 2�; thence Northerly, along said southerly extension, to said center line o` County Road (Orono Rood;; thence Soutneasterly, along said center line, to the point of beginning. ALSC, Tha; par: of Lot 4, No-th Shore Cottoge Acres Lake Minnetcnke, lying Southerly of a line described os follows: Commencing at the northeast corner of said lot; thence Soutn along the east fine of said lo;, a distance o` 487 feet to the actual point of beainning of the Iine to be described; thence westerly, defiecting to the riaht 88 degrees 30 minutes, to the westerly (ine o` said lot and there terminating. That par; of Lot 5, North Shore Cottaoe Acres '�ake Minnetonke, lying southeasterly of a line drawn rrom a point on the southwesteriy line o._ said lot distant 90 feet northwesterfy from the southeast corner of said lo� to ar, onqle poin't in the east line of said lot distant 99.1 feet northerly from the southeest corner of said lot. That part of Lot 12, Nortn Shore Cottage Acres Lake Minnetonka, and West rerndale Road (aedicated ir said plat as County Road), and accretions to said lot in Governrnent Lot 2, Sec'tion 2, iownship i17, Ranae 23, described as follows: Commencing at the intersection of th� centerline of said West rerndaie Rood with the Ees; line of said Govemmen: Lot 2 (which Eest fine has an cssumed bearing of North 0 degrees 11 minutes �4 seconds �est); thence North 89 degrees 47 minutes 13 seconds West, alona said centerfine, a distonce o` 23.00 fee't 'to the actual point of beginning o` the lanc tc be aesc-ibec; tnence South 0 deQrees 11 minu;es 54 seconcs Wes„ paraliei witn saic eest line, a distance of 52 re�t, more or less, to tne shoreline of Lake �iinneionkc; thence soutnwesieriy and westerfy, aiong sai� shoreiine, te the intersection with the soutnerly ex'tension of the wes't iine of said 'ot i�; tnence northerly aione saic Wes; fine and its southerly and no�therly extensions, a distance o` 10C feet, more or less, to the centerline o` said Wes't Ferndale Roac; thencF Soutn 89 oegre=s 47 minu'tes 1� seconcs East, alone said centeriine, to the actual ooint of beginning. 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'o;'°' CIVIL ENGINEERS, LAND SliRVEYORS, LAND PLANNEP.S �-26-(19 �� a�� NGFi,-; WIL��N� DRN=. '�_JNG LAK" M�'�' ��o �—�s�, �_�-4-.y_ . YECi I �` '✓C[`s STATE OF MINNESOTA ) ) ss COLINTY 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 July 13, 2009, 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 14t'' day of July , 2009. , �� ,� � � " � � fi _ ///� P ��A�fi` Yi�� d�ah (�� /�i" . Y " �/�� ' n,} � `O � ',1 T� { �. �. y. r,�':i s W � �,, *�� , City Clerk ,� ,u, ,,� � � ��, ' z a�i�.i�S��l��}t+. k .¢ �$�y :::� t ��, tyj �p '� "ae Y+�+� ..Y�y� f ,+#i k y++�y4{��y\�r� y . r• , ' r � 4 �..�ro `*.� �.� . ��'� INr��4��1 n �,�td d{.�F i V ,. Yi..;,S�S�t,i �." . . ' , �„^-./�� . .