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Home My WebLink About#5021-variances-2003 . --�� o � � � . • � �� ° � CITY of ORONO � -- ; � ti ��L �G~' , RESOLUTION OF THE�C�TY�C�UNCIL � �kESI30g' NO. A RESOLUTION GRANTING VARIANCES TO MTJIVICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 � AND 10.56 SUBDIVISION 16(I,)(2) -]E'ILE#03-2904 WHEREAS,Richard S.Brown,a single person(hereinafter"the applicant")is owner of the property located at 1300 Shoreline Drive within the City of Orono (hereinafter "City") and " legally described as follows: Lots 10, 11,and 12,Block 14,Minnetonka Bluffs,Hennepin County,Minnesota(hereinafter "the property"); and WHEREAS,the applicant has applied to the City for variances to Municipal Zoning � Code Sections 10.22,Subdivision 2 and 10.56 Subdivision 16(L)(2)to allow hardcover in excess of the 35%hardcover normally allowed in the 500-1000' lahesho::. setback zone. NOW, THER�FORE, BE IT RESOLVED ny the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2904. 2. The property is located in the RR-1B Zoning District where the minimum lot area requirement is 2 acres in area. 3. Variances for lot axea, lot width and front, side and rear setbacks were approved for the property via Resolution No. 4072 on Apri127, 1998. Pursuant to said variances; a building permit was issued for construction of a new residence on the property.The building permit was issued in part based upon a submitted site plan indicating proposed hardcover would meet the 35%hardcover limit for the 500-1000'zone in which the property is located. � � I�a�� l[ �� , . � o.�,. .. � .. • � � � . - CITY of ORONO 3 � +,:.�' . 17'1 a � �� G�' .RESOLUTION OF THE CITY COUNCIL . `9kESI304 � NO. � O � '� � 4. The applicant purchased the home in November 2002 and prior to closing inquired of the City as to whether the property was in compliance. As no Certificate of Occupancy had yet been issued nor requested,and no inspections had been called for in more than a year, staff visited the site and concluded that hardcover appeared to � potentially be excessive. The applicant then executed an agreement drafted by the � City Attorney to allow temporary occupancy while the matter of excessive hardcover was resolved. Applicant then had an as-built surveyperformed,which confirmed that the hardcover was at 50.8%,in excess of the 35% allowed, and portions are outside of the property boundaries and potentially encroach on required wetland setbacks. � 5. The Orono Planning Commission initially reviewed.this application proposing a , reduction to 45.9% hardcover on June 16, 2003; tabled the proposal for further reductions,andreviewedarevisedproposalforhardcoverremovalsonJuly21,2003. , . Planning Commission voted 5-2 in favor of a recommendation to allow hardcover • level of 39.7% on the property per the revised proposal. 6. On July 28, 2003 the City Council voted 4-0 to approve an after-the-fact variance to allow hardcover on the property to exist at a level of 39.7%, based upon the following unique findings and hardships: A. •Due to the site layout and variety of locations and elevations of access points for the property,there is a practical difficulty in providing for vehicular and pedestrian accessibility to the residence without the levels of haxdcover . proposed. B. The circumstances leading to the need for excess hardcover include an original � hardcover proposal that did not completely indicaie the mabmitude of � � hardcover that would be needed to service the site; and the fact that the applicant in good faith purchased the property under an expectation that the � hardcover excesses could be readily eliminated, and only after the purchase � learned of the actual extent of the excess. C. The proposed hardcover at 39.7% where 35% is normally allowed is a reasonable compromise by the applicant in light of the history of the property, � and the reductions as proposed will result in a level of hardcover that is necessary to provide reasonable accessibility to the residence, and will. � . Page 2 of 6 . . . o.�,. � � . . • � � ° � s � CITY of ORONO � � ,�:�� ti ��i �G�' RESOLUTION OF THE CITY COUNCIL �kESYiOg' . . NO. � � � � . eliminate any encroachment of the wetland located east of the property while removing retaining walls that are not necessary to support the topographic changes on the site. 7. The City�ouncil 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 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 � keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the . Cl�. �, . 8. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by � the applicants and the effect of the proposed variance on the health, safety and • welfare of the community. �. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants� variances to Municipal Zoning code Sections 10.22, Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the amount of 39.7% in the 500-1000'lakeshore setback zone, subject to the following conditions: l. Hardcover is approved at a level of 39.7% (7,693 s.f.)per the approved site plan attached hereto as Exhibit A. All required hardcover removals shall be completed as soon as possible, � � and a final Certificate of Occupancy shall be granted only upon completion of the removals. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved,but might be approved only in conjunction with concurrent haxdcover removals to result in no net hardcover increase on the property. , 2. Existing encroachments of wetland or required wetland setbacks by retaining walls, fill or paved surfaces shall be removed. ' � � � .. ,. Page 3 of 6 . . . � O,�. . . . � . • � � . � CITY of ORONO � ,� - .,.. � . , ti �� G�' � RESOLUTION OF THE CITY COUNCIL `9kESI3�g' NO. _ �' O � 1 3. Retaining walls shall be removed wherever they extend outside the property boundaries, and any walls to remain within 5' of the lot lines�shall be reviewed by staff to determine whether they are needed to support steep slopes or whether they are purely aesthetic in nature, and those not necessary to support the topography of the site shall be removed. � � 4. All landscape beds lined with fabric or plastic shall have such liner removed. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by completion of the removals witliin one,year of the date of Council approval, or this variance will expire on that date(August 11,2004) " and the property owner will be considered to be in violation of the terms of this resolution. 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 applicant has read, understood and hereby agrees to the ferms of this resolution and on behalf of himself,his heirs, successors and assigns, hereby a�ees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this l lth day of August, 2003. ATTEST: � � ' - U Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � �� Property Owner(s) . . � ' � . . Page 4 of 6 . . � � o � � � � � �, o �: ° � �. � CITY of ORONO � - :. � � ti �� G�' : RESOLUTION OF TH�E CoITY COUNCIL : : � �kESI30g' NO. � �. STATE OF NIINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��day of u,s� 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i � �11�A��-� � 1 � t�A� h.-•.Iw o L-: o n c� � Not Public ALISSA A.WINTERNHEIMER NOTARY FUBLIC-MiNNESOTA Nty Corr�muston Eupires Jan.31,2006 STATE OF MINNESOTA � �� COUNTY OF HENNEPIN � � � � .. The foregoing instrument was acknowledged before me on this (�7 day of S� ,2003 � by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said ; instnunent was executed on behalf of the City. .� I �� RACHEL QODGE .t 1%,, ,;�, .(�. A � � /� � S • ` .�` NOTARYPUBLIC-MINNE?OTA �C-��"-� k/U� � �; ` My Commiss(on E�kes Jan.31,zoos �+ Notary Public I '`'�y . ' I � I � � � I � ; ' i f � i � � . I / .�. � Page�5 of 6 � . . ' -- ' � o,�,. � � 0 0 � � CITY of ORONO ,� .; �, ti �� G~ RESOLUTION OF THE CITY COUNCIL `�kES�rl�g' NO. — er9 � � 1 � STATE OF MI'iv�TESOTA COUNTY OF HENNEPIN � Onthis�dayof ,2003 ,_ �«./�c�� S• ,�Sj'?r�iV, personally appear�d before me, �. S;�� who is personally known to me � �� whose identity I proved on the basis of � � �vhose identity I proved on the oath/affumation of , a credible witness . and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � NISE M.LESKINEN , -- /� �-.. D� � NOTARY PUBLIC-MINNESOTA �/�C�� Ny Comrtdssbn E�cphes Jan.31,2005 Notary Public Page 6 of 6 : ' � �� .�`t �1 � .. . . �- . ovo� o�, o� o . , . - \o � u � � e 0 0 0 �, F,,� l/7TlTTl7 -- --- . � �-------- �`,�` `�a B� . • , � � `� O O °q, � � oq � �` r . 1 `Op � �,�I � 0 . � ��5v11 F O ♦ }� i ��,°iii � � a O � • e � + PSOnUnq`,��a� � O . • . � i Bed /y � O : • ` ,\`� . 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G o� �� . �29.25 , S�a��: ,� — ,o� � . `.�` o _______________________________1 r Impervious Surfaces Calculations __________"'_______________�_ 't.ECS Si. Wt '718sE1� /new � 2.767 st, dlffare.nee ti ' . 9,860 sf. existing � , 2.167 sf. out ��:. e�tumtnoua surfcee 7.693 sf. rematntng � ..___..___._ . _..� . ___. ..._._._. _._ . .. __.__..� �._:_._ .�......._....._ _ . .. -- �---..._ ��