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Home My WebLink About#3236 - variance-1993 -� 'a — �-t � O� O ;. . O CITY of ORONO • �' -�� :e � ,� RESOLUTION OF THE CITY COUNCIL , r� ; °-�� -�, D+ �, � ��,,° ��, NO. 3 2 3 6 Y t��9k Og'�'G ESS A RESOLUTION GR.ANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10 .22, SUBDIVISION 2 AI�TD DENYING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING � CODE SECTION 10 . 03, SUBDIVISION 21 FILE #1768/1786 WHEREAS, Dr. William R. and Rhonda T. Omlie (hereinafter "the applicants") are owners of the property located at 1860 Shadywood Road within the City of Orono (hereinafter "City" ) and legally described as follows : Lot 27 except the North 15' , said 15' being measured at right angles from the north line of said lot, and Lot 28, Shadywood, Hennepin County, Minnesota (hereinafter "the property" ) ; and • • WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10 . 22, Subdivision 2 to allow hardcover improvements in excess of the allowed 25% within the 75-250' setback area consisting .of retaining walls, driveway and turnaround expansions, deck, patio and landscape fabric and a conditional use permit for the filling of approximately 300 cubic yards to allow for the expanded� drive and turnaround area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . �FINDINGS 1 . This comprehensive application was reviewed under Zoning File #1768 and #1786 . 2 . The property is located in the LR-1C Single Family Lakeshore Residential Zoning District, requiring 1/2 acre in area or 21, 780 s . f . The property consists of 39, 300 s . f . or . 9 acre. 3 . On November 9, 1992 the Council approved Resolution #3198 as part of the comprehensive review of Application #1768 allowing for a side setback variance to permit the construction of a 13 ' 8" x 21' 2" garage addition located • Page 1 of 6 ' . . Fam5005 DiskOiono ,� ; � O� . O :: O CITY of ORONO • � �:�1=' RESOLUTION OF THE CITY COUNCIL 1� �� •-.3.c;°, 17y �`, � ��. � � �t4 NO. 3236 l �� Og�G . ESS 8' 9" from the north side lot line instead of the required 10' . 4 . The Orono Council reviewed this application on December 14 , 1992 and February 8, 1993 and conceptually approved � the variance as amended to Municipal Zoning Code Section 10 . 22, Subdivision 2 and recommended denial of the conditional use permit per Section 10 . 03 , Subdivision 21 based on one or more of the following findings : A) Approval of the hardcover variance . � 1 . The additional hardcover will allow for the installation of retaining walls to prevent erosion of the steeper slopes adjacent to the turnaround approved with the building permit . • 2 . The more gentle sloped area resulting from the installation of retaining walls will provide permanent stability and prevent erosion of sediment in runoff that will eventually drain into lake. 3 . There is no hardcover within the 0-75' setback area. 4 . There is no increase in hardcover � proposed within the 250-500' setback area. Hardcover remains at 31 .40 . ' 5 . Property contains a grassed drainageway that provides treatment for the surface runoff from the immediate watershed. 6 . 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 alleviate a Page 2 of 6 � � � Form 5005 Disk Orono . : � ��' . ITY f O :. . O C o ORONO � � �.e.=� .� RESOLUTION OF THE CITY COUNCIL � �� °,�.::.. � 3236 ,�, � �,. .�,�,�' ��, N0. Y ��9� og�G ESH demonstrable hardship or 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. B) Denial of conditional use permit : � 1 . The original driveway plan approved with the building permit was deemed to be safe and the proposed drive requiring additional fill was based on aesthetics and not safety. 2 . The need to access property in times of emergency can be accomplished by a more efficient use of the existing garage • facilities on the property. 3 . Approval of a conditional use permit that � would result in excesses of hardcover on a � property that . already exceeds allowed . hardcover within the 75-250' setback area would establish a negative precedent . � 4 . The City Council finds that granting a conditional use permit to allow the filling of approximately 300 s . f . of fill for paving improvements would be detrimental to . the health, safety or general welfare of the public, and will depreciate surrounding property values and that the proposed level of use of the property would not be in keeping with the intent and objectives 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 Municipal Zoning Code Section 10 . 22, Subdivision 2 to allow an increase of 200 s . f.. of hardcover improvements for retaining walls to be installed adjacent . to an approved turnaround resulting in 6, 189 s . f. or 26% hardcover Page 3 of 6 . � � � . . fam s00s o�sN orono . °� - , , O � : � � �' � CITY of ORONO � , O ,, O . . ��=� � RESOLUTION OF TI� CITY COUNCIL ' a � ��'�3 �:;. �. 3236 � '�► � ,s e,� ,y,�' NO. , ��`9�i' og'�'G ESII i � in the 75-250' setback area where 5, 989, s. f. or 25 .2% exists and ' � � denies a conditional use permit for filling of approximately 300 cubic yards of fill subject to the following conditions: � , . 1. Prior to the installation of the xetaining walls adjacent � : � to approved turnaround, applicants shall apply for an , amendment to the original building permit issued for. new construction providing a landscape/grading plan locating ; retaining walls and any other information requested by Building Department . � 2 . Authorities granted by this resolution run with the ' property not with the applicants, but are permissive only � and must be exercised by appTication for an amended , building permit within one .year of the date of Council approval, or the special conditions of this resolution ; will expire on that date (February 22, 1994) . • 3 . Violation of or non-compliance with any of the terms and � conditions of the variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, -and shall be punishable as a misdemeanor. � 3 . The undersigned applicants have read, understood and � hereby agree to the terms of this resolution and on � � behalf of themselves, their 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 this 22nd day of ' � • February, 1993 . . AT ST: . - `� • r�✓ ,- .,��i�� . . � thy M lin, City Clerk J. Diann oet�ten Acting Mayor , �t/ ' , ; � Property Owner(s) ' � ' Page 4 of 6 � ; :; . .. . � � � . . � . . . ' Form5W5IXskOrono ,5 � � . � , - . . � � • � ' . ;y _ yr � • ,' . 7 O� , • �� CITY of ORONO � O :,.� O � � �� `;�=� RESOLUTION OF THE CITY COUNCIL � '' .:1 - � � . 3236 �, n�� , NO. '�,� s �6, Gti . ��'E3�I�g'� . � . STATE OF MINNESOTA ) � � ) ss . COUNTY OF HENNEPIN ) . , � The foregoing instrument was acknowledged before me on ; this 22nd clay of February, 1993, by J. Dianri Goetten & ,Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota � municipal corporation and said instrument was executed on behalf of . the City. , CAROLE A. HASEMAN \ NOTARY PUBIIG-MINNESOTA Notary pUb11C • HENNEPIN COUNTY 1 �nr coti+Missioro�xaia�s e.z��s ' My Commission Expires • . . • : , Page 5 of 6 . � � � � , . . . FamSWSDiskOmno �� . � O� O ., O CITY of ORONO S " � ;��'`=� RESOLUTION OF THE CITY COUNCIL � �� , � ;. b,� ��5, NO. 3236 ��9� Og�G ESS STATE OF MINNESOTA ) ) ss . , COUNTY OF HENNEPIN ) . On this �� D_ day of , 199 3 before me a otary Public within and f said ounty, personally appeared 2�r��, c� , known to �me to be the person(s) des ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � sMf JAMIE L.BOSMA � ` � :��' ' NOTARYPUBLIGMINNESOTA � •= • HENNEPINCOUNTY NOT Y PUBLIC y,�.• � My Cotntn.FxPires 12-19-97 STATE OF MINNESOTA ) � ) ss . � COUNTY OF HENNEPIN ) � On this �� day of � �'�h�c� , 1993 before me a Notary Public within and for said county, personally appeared �_u�rv►, l�. ��n, l.e , �'Y��2�^riee� known to me to be the person (s) � described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN NOTARY PUBLICrMM�NESOTA � j HENNEPIN COUNTY . — MY COMMISSION EXPIRE9 623�98 NOTARY PUBLIC � Page 6 of 6 � . Fam 5005 Disk pom