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Home My WebLink About#6211-variance & CUP-2013 , . �.3 5� ��.� Doc No T05066627 Certified, filed and/or recorded on 4/15/13 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 958396M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1332091 This cover sheet is now a permanent part of the recorded document. 0 � � O �a�, O CITY of ORONO r� �� ' 3��, ,'� RESOLUTION OF THE CITY COUNCIL b��- � � � ::�� ti No. b � 1 1� �� E � Og� SH A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1279(6) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-303 FILE NOs. 13-3593 & 13-3594 WHEREAS, Nancy R. Bigos, a singie person (hereinafter "the Applicant") is the owner of the property located at 3350 Fox Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 4, Block 1, Fullerton Estates, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- ground swimming pool partially ahead of the average lakeshore setback; and WHEREAS, the Appiicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303(7) to allow installation of a full bathroom including a bathtub and/or shower within a conforming pool cabana accessory structure (hereinafter"Pool Cabana") on the Property; and WHEREAS, the provision of a bathtub or shower within an accessory building is considered a conditional use within the LR-1A zoning district pursuant to Orono Municipal Zoning Code Section 78-303(7) upon agreeing to the standard covenants outlined within Code Section 78-303(7) WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 19, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 � o� O ,,,� \`� O CITY of ORONO �� tr�'� �' r� � RESOLUTION OF THE CITY,COUNCIL �� .:�� ti No. 6 2 1 1 ��kESHOg'� FINDINGS 1. This application was reviewed as Zoning File numbers 13-3593 and 13-3594. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on February 19, 2013 and recommended approval of the variance and conditional use permit based on the following findings: a. The property contains 312,361 square feet in area and has ±600-feet in width. b. The Applicant's home was constructed in approximately 1920 and prior to the construction of the homes on the adjacent lots. c. The Council finds that the plumbing fixtures proposed are in keeping with the intended use of the Pool Cabana. d. The Pooi Cabana is conforming in location, size and height. e. The Applicant agrees to the filing of a covenant in the title of the Property providing that the Pool Cabana will not be used for a home occupation uniess specifically approved by the city or if allowed by this Code; used as a dwelling unless a guest house conditional use permit is obtained; and will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. f. The ApplicanYs request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The proposed pool will be located on the east side of the Applicant's home and is completely screened by the existing home from the property to the west. Ample vegetative screening exists between the Applicant's Property and the property to the east making the pool difficult to see. h. The Applicant's proposed pool will not adversely impact views of the lake currently enjoyed by the adjacent properties. Page 2 of 5 � o� O R� O CITY of ORONO ,� ��, ��-. a °`' �„ � RESOLUTION OF THE CITY COUNGL ,�� z.�. � N O. � � ' � ,� �:� G �kESHOg� i. The pool is not proposed to have any vertical appurtenances such as slides, diving boards and the like. j. The Applicant's request is in harmony with the purpose and intent of the ordinance. k. The Applicant has demonstrated that enforcing the average lakeshore setback provision of the Zoning Ordinance deprives the Applicant of the reasonable use of their property. 4. The City Council has considered this application including the findings and recommendation of the Pianning Commission, reports by City staff, comments by the applicants and the pubiic, 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 Applicant, but is necessary to alieviate a practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- ground pool encroaching up to 20 feet into the average lakeshore setback; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303(7) to allow installation of a full bathroom including a bathtub and/or shower within a conforming Pool Cabana subject to the following conditions: 1. Councii approval is based on the survey submitted by the Applicant 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. Proposed hardcover levels are conforming and no hardcover variances are granted. 3. The Applicant hereby covenants the Pool Cabana will not be: Page 3 of 5 . � o� O �_,, O CITY of ORONO �� ,�� % ;n„ � RESOLUTION OF THE CITY COUNCIL ,�^ ,�z�- �l �� ~ No. 6 2 1 1 �kESH�g a. Used for a home occupation unless specifically approved by the city or if aliowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Authorities granted by this resolution run with the property not with the Applicant, but are permissive oniy and must be exercised by obtaining a building permit for the pool and commencing construction of said project. A footing inspection must be completed within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (March 11, 2014). 5. Violation of or non-compiiance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automaticaliy terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned Appiicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's 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 the 11th day of March, 2013. ATTEST: � �� . r�:� -�� :- .�' ��c��_ . � Raehel Dodge, :�i�y Clerk Lili Tod McMillan, Mayor - � . . .,., s� � � � � � � t,. , ' � , ,'�, a :. �� ,. *� . ; � 1 .� .'�15� L y� \ f JiV ye ,R � [ �J ;t � t , 1�• ~;y.; :��t . . s' � 2 } 4 � Page4of5 � o� O ��` O CITY of ORONO �a,�a�°,. � � '� ' `� � RESOLUTION OF THE CITY COUNCIL ,� ,� �� '� t,'�'� N O. � � 1 � �kESH�g'� .--� � �� Property Ow r(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of � , 2013, by Nancy R. Bigos, a single person. ,,„�,..,, � ` , �,. s;� ,;� "'��r„ MONICAA.FADNESS Plvt�t_C�.� �C €�:` NOTARYPUBLIC-MINNESOTA Nota PUbIIC ��t'My Commission Ezpires Jan.31,2097 >�H,;,��.;<<�� Page 5 of 5 , Resolution x Exhibit A �� x 6 2 � �,� � "`"°"°°°��E""Y F 0 X S T R E E T � s 90°00� oo� ��, o�'�"� ^ ` — � �a-o8. ;�::,� . � ——�—,.—x -� ,� . ;�"' � � � n —� � _ " —�'— �-`^� :_ �``; I �� :�_�� —; � ""- \ o � '""�- _� � � � �� ' I c,. �+.o I �w�N•�' ,�r' ��'•��`, �Cru"'�cr � �n .w.n I I 1 ck`� ;'�,�` �� gp5-� --= �/��,�i \ S�S'I W � �j-' Sr \ � � n�`y sErnc �e I u7 cti I o � , g r� _� �-456 —`— \ \ o O / � hhOc r� �( I Rll ` . \ MO�?8 ` uoq \\ I �� y{'7'�'� / 9 �'/ E I51 � n \ �O �' �l � ��++ wi �� \ \\� 1 \ � I �O % l rl�u I ,:-"�``.wc.r EXISTNG y, ��"'�^ O S I�I \ 1 � � m:�^��. :,a= \ ll w I � I B � / I � � I �p h / rI � � 1 � I I 0 7 � � Sl ��Ki�'`w}�.o� � / � / � �g ) \ � � � •�«,�,b �� :�`� I o.,� � } � �- °�,,, / -..� EXISTMdG HOUSE JJ, �� , � ;� «> � _.. �-�-� I �X "� ��^} ./ ��11/ ^ � �, ..,.Q .�.....-- ,,,�-- � 1•� . iERRAC[ _ I 1 ` O1 �\ \\ / �) -/�nvofm � ,... 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HOUSE rrsovoscu vnoPosm � 0 II I � � � �N� -�3350 � P lw) \ �� I \ � O V � I� I t 'a` (A) � e i O_ � i m naa / p{=ppOSED Par`' � 1 0 .� I 1 \ �U� mul �m�� X) b � L11 II I I , , \ / / �6// � �9/�e��wua / �� -�__ -- � � 1 �� \ ��_ ,�� J � _ _�� ,— � —�� — � \ \ �� \� _ � a� r� �i�� \ \ -- �. � � � _ , ��_ _— ,� � �� \ � —'� .. o �I � �_ ��_ � ��// _ � � � 1 � ; ,_,�,--�_� _ , � — —\ z I ` �� "' �� ° � � /:� _ _ __ -.;..� �/��/�� _ _ � �� `�' I \ g54� ��` > ^' i� �'°.�" � 1 I I 1 w o � \ o � � "�'_ � / � ° } � � � 1 — — E p1 �4 �� m� �we � � / `i' ��~ � ��\ 3� � /�\ �. � / � p \ �x� I �� / �— _'� D ,�y� �Sf �. r, �S�T� �� wR f � � I� ��.r` i�� ''� ""� �r) � � 1 / y � �� mr W omrw loal �11y� / I �i� �� M ) / \ 1 I �_ —1 g9�`/�„� � _ _ „_,�„� � IR) � � 1� �/ '\/ � ��/ — �„ /� ` / � � � � � � �w' � 1 '1 /�� .— _- � ��" u �_o ��\�_�; �� / `� �.� i � � �e� �',o � � ..,.� ° �\ �_ __._r r _--� f, � /�I II X,— ��,.��_ — � �� -- �3 � __ _ - -, f �_ � ( � �— a,.. sas J �", —` � � \ � �i _ - - - — — �� '� 9�� `�� SEPJJC AREAS SHOWN ARE i"� 9A —� /" . r/\ \ 1 � �ROM PRELIAYNARY PLA� -- � - / a��ws 7� / � � — ._-__ — �� V c�, � �� / � ��— SETBACK// � �� ` '/ � \ \ / /� oi.""p'_ _�p, LINE� r � / � �gJ � / �— � � � � � � � ��[ (0) I �� .�Y►wia��"—� � � �� / O \ � / _��_" i o \ /� � � � ��3a� � — — � �—�N—�6°0.0�� ptl— _}.g, _�' � � \ \��/ /��%j j i' ,=/°�p�9� � � �— --� \ � \ ._._�� __� / / ! � V � �� — ��'=�� 929.4 / � _-�&.�°v v- v .."'` / LINE 1130 � ��CONTDUR y� i f`��— —_ % Lryc / � _� �� / c �/ ---��—�� LAKE MINNETONKA MAXWELL BAY 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 11, 2013 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officiall as such Administrative Assistant and the Corporate seal of the City this��day of , 2013. ,�" {- �V��L�l/VL(.-C-Qi (/� . Monica A Fadness, Admin Assistant seal , _ City of Orono . .. , � . _ . . r,j . r t,� .. '