HomeMy WebLinkAbout#3662-deny variance-1996 a :� • - -
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�b. - CITY of ORONO
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�� � �'�' RESOLUTION OF THE CITY COUNCIL
- ��kESH�S�`'�' NO. e� F) �D � �
A RESOLUTICIN DENYING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTI�N 10.55, SUBDIVISI01�18 AND
A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBBI�ISIONS 19 AND 20
FILE#2086
WHEREAS, the City of Orono is a municipal corporation organized asid existin�
under the laws of the State uf Minnesota; and
VV�IERTAS,pursuant to State St�tutes 412 et. seq.and 462 et. seq.,the City Council
of the City of Orono has ado�ited zoning regulations for the protection of the public health, safety
and general welfare; and
. WHEREAS, Robert Callan (hereinafter "the applicant") has an interest in the
property located at 2915 Somerset Lane wi��.Yiin the City of Orono (hereinafter"ihe City") and lerally
described as follows:
Lot 2, Block 4, Old Crystal Bay Road Second Addition, Orono, �I�nnepin County,
Minnesota(hereinafter "the pro�erry"); and
W�iEEREAS,the applicant has applied to the City for a variance to Municipal Zoni�:�g
Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivisions I 9
and ?0 to permit the excavation er dredging of a 6,250 s.f. or .143 acre of spoils within a Type II
desi�nated wetlarid of th.e City for thE piupose of creating an open water area where the municipal
code v.�ould prohibit such alterations. Section 10.03, Subdivisions 19 and 20 ��ould require a
conditaonal use permit for the proposed alteration; and
VVk�EY�AS,t�iE Orono Planning Commission after due public noti�e held a public
hea.�inQ an November 20, 199�to review the application, at��hich time the applicant,his agents,and
all other interested merr:bers of the public vvere allowed to comment on the proposed application;
and
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b- - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL '
��`9$E pg'�� NO. s� 6 6 �
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WH�REAS,the City Council has reviewed tlie application,tlie reports of the City
staff, the comments of the Plaruiing Commission, and of the conlments and written statements
submitted by the applicant.
NOW, THER�FOIZ�, BE IT I2ESOLV�D that the City �Council of Orono,
Minnesota hereby denies the variance and conditional use permit application as described above
based on one or more of the following findings of fact concerning this properly and applicalion:
FINDINGS '
1. This property is located in the IZR-1B Rural Residential Zoning District and consists
of 3.25 acres, 2.25 acres dry aud 1 acre of wetland. The dislrict requires 2 acres of
dry buildable area for residential construction.
• 2. "I'he lol is undeveloped and was cre�ted in the �lat oFOld Cryst�l Bay Ro�ci Second
flddition approved by the City in October of 1994.
3. The 1 acre of wetlaiid area is located in the southern portion of the property. The
wetland is contiguous with a 4-5 acre wetland that encroaches a total of six lots
within Old Crystal Bay Road Addition and Old Crys�al Bay Road Second Addition.
4. On October 25, 1995 George Sticlaiey,the owner, oPtiie property filed a-conditional
use permit and variance application for the prospective buyers, Robert and Janice
Callan.
5. Applicants'addendum dated November 15, 1995 notes the puipose for the e:ccavation
is "for future preservation, drainage and enhancement reasons. . . will enhance and
improve the conditions and opportunities for waterfowl and all other wildlife . . .
creation of the sediment pond will also ensure better drainage conditions for
proposed home."
6. The pond or open water area is shown on plans drafted by Mark S. Gronberg of
Coffin and GronUerg, Inc. dated October 23, 1995 (Job #95-398) and included as
page 6 of this resolution. The .143 acre pond has been designed at a 4' depth with 4:1
side slopes.
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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCII
���kE H�g'�G NO. 3 6 6 2 ���
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7. Per guidelines established by the Department of Natural Resources, an open water
area suitable for habitation of waterfowl should be designed with irregular shorelines
with flattened side slopes at an 8:1 side slope. The flattened side slopes will allow
for the restoration of vegetation that provides the vegetation cover necessary for
suitable habitat for waterfowl.
g. 'During the Planning Commission's review of the application,the applicant was asked
to consider amending the plan that would allow for the development of an irregular
shoreline and to flatten slopes. The applicant asked that a minimum 4:1 slope be
maintained along a portion of the sho:eline so that water areas could be viewed from
view windows of future residence.
9. The majority of the Planning Commission voted to deny the application as proposed
on the following findings:
• A. Applicant has presented no hardship to support the alteration within the
designated wetland area.
B. Applicant's plans conflicted with benefits set forth by applicant. It appeared
to members that aesthetic reasons were applicant's principal concern as
applicant appeared to be more concerned with the view of the open water
from the residence.
C. To approve the current application would establish negative precedent in
dealing with the adjacent land owners who may also wish to alter the
designated wetland in the same manner.
10. Mark Gronberg, the applicant's consultant, noted his familiarity ��ith this property
over the years noting that old drain tiles had not been maintained by former o��ner
allowing for the restoration of wetlands within the low areas. The restoration to
wetlands of these low areas are considered an environmental benefit not as a negative
impact on the property. The best treatment for surface runoff is to allo�T «�ater to
filter through wetland area before entering the main drainageways rather than
allowing them to be carried via underground drainage tiles.
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�b. � CITY of ORONO .
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�� �'�' RESOLUTION OF THE CITY COUNCIL
� ��k'ESH�g'� NO. e`3 6 � �
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11. In reviewing the topographic map of the property, there would appear to be no i
. problem with providing positive drainage for proposed residence as �Il drlinage
flows to the wetland to the south and the 4 to 5 acre wetland provides adequate
storage capacity. �
12. The existing Type II wetland consists of predominately cattail vegetation and during .
the heavy rainfall periods in the spring and fall will contain open water areas in the
low areas. The existing wetland provides a habitat for both wildlife and waterfowl. �
Major concern of tlie Planning Commission was impact upon this wetland should �
all six property owners make similar requests to alter the wetland.
13. There is adequate area on the 3.25 acre parcel to create an open water area outside
of the designated wetland area.
• 14. The granting of this application is not necessary for the preservation and enjoyrnent
of a substantial property right of this applicant as applicant has the option of
installing a pond outside of the designated wetland area or not purchasing property.
15. The property can be put to reasonable use if used under conditions allowed by
official controls of the municipal code.
16. The applicant has not demonstrated any reasonable hardship or practicaY diPficulty
which would allow a variance to the requirements of Section 10.55, Subdivision 8.
17. In review of the factual findings noted above, the Council finds, 1.) no hardship
sufficient to grant the variance; and, 2.) that granting a variance to allow the
excavation of a pond within a designated wetland of the City conflicts with the
environmental standards that provide the guidelines for the developinent of properties
located within the rural areas of the City and would be detrimental to the public
. health, safety and welfare. Since no variance is granted, the conditional use permit
is herewith denied. In making its decision, the City also looks to the broader
environmental principals and goals set forth in its Community Management Plan and
the intent of the specific zoning district standards when dealing with matters of
public, health, safety and welfare.
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�A. - C ITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
�L`9$E Hpg'�'G NO. e� 6 � � ._
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Adopted by the City Council of the City of Orono on this 8th day of January, 1996.
AT ��EST:
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Dorothy M. al n, City Clerk Edward J. Ca11 , Jr., Mayor
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this 8th day of January,
1996,by Edward J. Callal�an, Jr. &Dorothy M. Ha11in,Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
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� ��•. CAROLE A HASEMAN Notary Public
7` NOTARY PUBLIC-MINNESOTA
••� •-•' HENNEPIN COUNTY
'�-�••�'� My Commission Expires Jan.31,2�00 '
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