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Home My WebLink About#5850-variances-2007 4 i �� 1�"'„'� `W�- I/V ��,��`` �a'� �� 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 Titles 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. `^� _ .'l � 1 A RESOLUTION GRANTING VARIANCES SECTIONS 78-1279, 78-1288, 78-1608(3)O FILE NO. 09-3410 � o� o ��, o aa�e C ITY of ORONO � � � �::�� RESOLUTION OF THE CITY COUNCIL �L`9kESH��G n,o. � n A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE sECT1oNs �s-1279, �s-izss, �s-16og�3�� FILE NO. 09-3410 WHEREAS, Jack W. Safar and Pam Safar, husband and wife (hereinafter "the applicants") are the owners of the property located at 980 Fet-ndale Road ��est within the City of Orono (hereinafter the"City") and legally described as follows: Attached as Exhibit A, (hereinafter the "property"); and WHEREAS, 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 averaae 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 WHEREAS, the applicants have made application to the City of Orono for a vanance to Orono Municipal Zoning Code Section 78-1608(3)(c) to allow construction of an addition within approxunately 28' from the edge of the wetland where a 70' (50' buffer + 20' structural setback from the buffer) is normally required, 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 20% haa-dcover within the 0-75' setback zone where 0% is allowed and 19.5% currently exists in order to construct the addition. NO«�, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 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'. PaQe 1 of 4 � o � 0 0 �'�� CITY of ORONO �a_ - � � � �� G'�' RESOLUTION OF THE CITY COUNCIL L`�kESH�4� NO. 5 S 5 O 3. The Planning Commission reviewed this application at a public hearin� he]d on June 15, 2009 and recommended approval of variances based on the following findinQs: a. The property contains 64,575 s.f. or 1.48 acre in area. b. The lot 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 Femdale 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 Minnetonka changed the setback requirements and more restri�tive hardcover regulations were applied. d. Appro�imately 80% of the property is within the 75' setback. The proposal, at 9% structural coverage, will not exceed the structural lot coverage limitation of 15%. e. The proposed addition will i7ot ne�atively impact views of Ferndale 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 ��ariance on the health, safety and welfare of the community. 5. The City Council fmds that the conditions existin� on this property are peculiar to it and do not apply �enerally to other property in this zoning district; that grantin� the ��ariance. would not adversely affect traffic conditions, li�ht, air nor pose a fire hazard or other danger 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 propert_y right of the applicants; and would be in keeping v��ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Pa�e 2 of 4 � O� O �� O � a .. � � CITY of ORONO �� `�� G'�' RESOLUTION OF THE CITY COUNCIL L�kEs�I�4� NO. � g J� O CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants ��ariances to Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition ahead of the average 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 7�' setback is normally required, and 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' (50' buffer + 20' structural setback from the buffer) is normally required, and a variance to Orono Municipal Zonin� 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 E�hibit B. Any amendments to the site plaz� 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 tl�e 75-2�0' 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 eaisting/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in e�istin�hardcover. 3. 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. 4. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed addition. 5. Authorities granted by this resolution run with the property not ��ith the applicants, but are permissive only and must be exercised by ob�aining a building permit for the new constructioil within one year of the date of Council approval, or the variance will expire on that date (July 13, 2010). Page 3 of 4 � o� 0 0 ��a�: C ITY of ORONO ,� , �, �� ',� � `�'' G'�' RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. � S ,rl � 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 �ranted 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�-ee to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13"' day of Tuly, 2009. ATTEST: �.._: �� , `� G� C,�� in a S. Vee, City Clerk Jame M. White, Mayor P e ner(s) ATE OF MI?�'I�'ESOTA COL�TTY OF HENNEPIN This instrument was acknowledged before me this� day of (� �� , 2009 by Jack Safar, husband of Pam Safar. .� ,� MONICA A. FADNESS �� J NOTARY PU3LIC-MINNESOTA ` �,,;:. My Commission ExpiresJan.31,2012 i�otar}'PUbI1C STATE. OF MINNESOTA COtTNTI' OF HE?vTTEPIN This instrument was acknowledged before me this� day of fiV �ST , 2009 by Pam Safar, wife of Jack Safar. � �� I/�C�- Notary Public MONICA A. FADNESS NOTARY PUBLIC-MINNESOTA ':�,,:� My Commission Expires Jan.31,2012 plae '� Of'-� ZONING FILE NO.: 09-3410 EXHIBIT A RESOLL'TION N0. � o � o All of the foflowing described tract: Lot 24, "Country Club Estates Hennepin County, Minn.", except that part of said Lot described as follows: Commencing at the most Southeny corner of said Lot 24; thence Northwesterly along the Southwesterty fine of said Lot a distance of 26.6 fee't; thence Northeasterly deflecting to the right at an angle of 89 dearees 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 Southwesteriy along the line between said Lots 23 and 24 to the point o` beginning, wnich lies Southerly of a line drawn from a ppint on the West line of said Lot distant 20� feet South of the Northwest corner of said lot, through a point on the Southeasterly (ine of said Lot distant 300 feet Southwesterly of the Northeesterly corner o' said Lot. That part of Government Lot 1, Section 2, Townshio i17, Range 23, described as follows: Commencing at the most southerly corner of Lot 24, "Country Club Estates, Hennepin County, Minn."; thence Northwesterly, along the southwesterly fine of said Lot 24, a distance of 20.6 feet; thence Southwesteriy, deflecting to left at an angle of 90 degrees and 42 minutes, to the center line o� County Road (Orono Road) 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 of Lake Minnetonkc; thence Northwesterly, along said shore fine, to tne intersection with the southerly extension of the west line o` said Lot 24; tnence No�therly, along said soutnerly er.tension, to said center fine of County Road (Orono Road); thence Southeesterly, along said cen'ter line, to the p�int of beginning. ALSO, Tha; part of Lot 4, Na-th Shore Cc;toge Acres Lake Minnetonka, lying Soutner!y of a line described es rollows: Commencing at the northeast comer o` said lot; thence South along tne east fine of said lo�, a distance of 487 feet to the actuol point of beginning of the Iine to be described; thence weste�ly, deflecting to the riaht 88 degrees 30 minutes, to the " westerly (ine o` said lot and there terminating. That part of Lot 5, North Shore Cottage Acres `�ake Minne'tonke, lying southeasterly of a line drawn rrom a point on the southwesterly line o}_ saia lot distant 90 feet northwesterly from the soutneest comer of said lot to an anqle poin't in the east line of said lot distan; 99.1 feet northerly from the southeast corner o` said lot. That part of Lot 12, Nortn Shore Cottage Acres Lake Minnetonka, and West rerndale Road (dedicated in said plat as Couniy Road), and accretions to said lot in Governmen't Lot 2, Sec'tion 2, Township i17, Ranae 23, described as follows: Commencing at the intersection of the centerline of said West remoale Rood with the Eest line o` said Government Lot 2 (which East line hes an cssumed bearing of North 0 oegrees 1 i minu'tes 54 seconds East); thence North 89 degrees 47 minutes 13 seconcs West, aiona said centerline, o distonce o` 23.00 feet to the actuai point o� beginning of the lana to be oescribed; tnence Soutn 0 degrees 11 minu,es 54 se�oncs West, parallel with said ees't line, c dis;ance of 52 fee't, more or less, to tnu shoreiine of Lake Minnetonke; tnenc� soutnwesterly and wes'teriy, aiong said shoreline, 'te the intersection with the soutnerlv ex'tension o` the wes; line of said Lo� 12; thence nor'therly alone saic Wes; fine ond i;s soutnerly and northerly extensions, c distance o` 10C feet, more or less, te .he centerline of said Wes; Ferndale Road; tnence Soutn 89 oegrees 47 minutes 13 secones �est, along said centeriine, to the actuai point o` beoinning. Subiect 'to 'tne dedico'tion in said plat to the public of Count�� Road (now known as West rerndale Road). ,��-- � _— � I �[ roa�cR- �- �--_ or�o� �,..coaNca �-'� 0 0��_or z. r�t�iN ��.. . a..�;�� ` q� or�.or z. � c°1. t � n � / ' •I �� '..d �� `��'.`c`�. cos ._.. 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CIVIL ENGINEERS, LAND SUP,VEYORS, LAND PLANNEP,S '-�,6,�9 � aa� NO�TN WIL'_�N' DF.IV�. ��_�NG LAK� MN ��o �-�9 i ___-..._-- � � vcn i s.cc•s 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 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 14th day of July , 2009. �:7�t � �r k��}'� NMi� ., � � �� :� �. ".fi � . � � ' ,�Ntyti" .� � � , � a " !� �, n`^ �_� �� {� , t �� nr�" /y ar" t � L :'' � �r r '�. r �, � � � � � a �4 'ry City Clerk ,r J' �,; v y �k �y".` � • ; S. t `JS�.aI x c; , a cFal �',� �t'�- s � C t �,' t� i�` � a i V—� yyi� � ��"�'•� w,��ati'� ��.d ,,�?� % r : � �'"% s�{,F.i� ��.•r ts ;. ,i hiy�t - � J��,k .��.f '. ..7��` . 1 °�� .