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HomeMy WebLinkAboutResolution 6679 � �r ���.� � �,J , � Doc No T05409657 Certified, filed and/or recorded on Dec 15, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1491894M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1415449 This cover sheet is now a permanent part of the recorded document. . ��1��1 . , �"��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL '� No. � 6 � 9 ti�, G` l9kESH��� A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES CONDITIONAL USE PERMIT ESTABLISHED BY RESOLUTION NO. 6463 FILE NO. 14-3695 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78- 918, William M. Toles, a single person (hereinafter the "Applicant°), the owner of the property, has applied for an extension of the approvals granted under Resolution No. 6463 for property located at 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota; (hereinafter the "Property"); and WHEREAS, on November 10, 2014 the City Council approved Resolution No. 6463 granting variances from the following Municipal Zoning Code Sections: • Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; • Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; • Sections 78-1288, 78-1680 and 78-1700 to allow 2,506 square feet of hardcover within the 0-75' setback from the lake where 0% is allowed and 0%within the 0-75' setback from the lagoon where 0% is allowed, and 9,270 square feet total (16.7%) for the site where 25% is normally allowed in order to construct the proposed residence; And also granted a conditional use permit pursuant to Orono Municipal Zoning Code Section 78- 966 to allow grading and filling within the 0-75'zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home. 1 . , X ' • ���p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�. G,� No. � 6 7 9 t�kES H 04� WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No.6463 for development of the Property; and WHEREAS, in 2015, per City Code Sections 78-129 and 78-918, the previous owner applied for and received a one-year administrative extension of the approvals; and WHEREAS, the Applicant purchased the Property in 2015, and was not able to commence construction within the allotted one-year extension of the approvals Resolution No. 6463; and NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension until November 10, 2017 of the approvals granted under Resolution No. 6463; subject to the following conditions: 1. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by November 10, 2017 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 6463 shall remain in effect. 3. Violation of or non-compliance with any of the teRns and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicant has read, understands and hereby agrees to the terrns of this resolution and on behalf of the Applicant, the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the Property. �,,���c�pted by the City Council of Orono this 10�'day of October, 2016. -;,��' �� �,�_;.,, ATT rl�e�°';����«�rc;,,��`;� � . :., "'���; �, �• •+(�i '�b 4 ;; 9_ r . , j a , .•d�- ��. � , �' •,'i . �� � ���t��,'�y Cler�c. = Lili Tod McMillan, Mayor '+ -a . `_` •`,o — � ., .��� ti^ _ +���r��,'pr^,��,��•1� _ ��','`�.��•;.,�'��'`�._ 2 ,,. ,� . �Np� CITY OF ORONO RESOLUTION OF TI-IE CITY COUNCIL z�, G,�` No. �i 6 7� tqkESH��� :�' \ �' rfsperty Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this�day of �ee.''7? � 2016, by William M. Toles, a single person. ���..-.�_--� ,�o cc � Notary Public 3 � � ! . �. �• 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 was adopted at the meeting of the Orono City Council on October 10,2016,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 cor}�cart�ate,sea��o,�,the City this 7`�'day of December, 2016. _- - � ` ' � f•'✓ '��. . r ^ 3_ •'`a-f�i1�f�,: �� h� � Dian�3',ie�sy.�i��l��lc� ,� :� a�;; ; `�, a e � ..���s 5 -<� �< �,i a � .. . C7 .yl��� �'� . �� f . / ^ �y�,.;�\ �/ ) ',• `�.� ��� 1�I �' / .. ��� -e \ � ��' / �. n 1 � '`1 1^�n;�/. �I`�q. �{ ��i �r�1 oow � �1\� r . �,'�} ` 1-f��e' f' . ����\�:\.. i�.-: � . ' .:�:..�:: , � . .. ��:y.:_ .