The URL can be used to link to this page

Home My WebLink About#5006-variances-2003 4 ... , �-i : _ . � ' 'i . ' _� . � O� . . • O � O . . � CITY of ORONO ,� -- , . � .r ti ��L �G~' RESOLUTION OF THE CITY COUNCIL � �kESKO4 � No. � o o � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24 SUBDIVISION 5B, 10.22 SUBDIVISION 2, 10.55 SUBDIVISION 8, � � AND 10.56 SUBDIVISIONS 16(.n AND 16(L), FILE NO. 03-2886 WHEREAS, Killian's Gate LLC (hereinafter "the applicant"), represented by Dr. Dennis Killian and Diane Killian, is the owner of the property located at 1300 Spruce Place within the City of Orono (hereinafter the "City") and legally described as follows: Lots 5 and 6,Block 10, SAGA HILL REVISED,Hennepin County,Minnesota; � (hereinafter the "property"); and • � WHERIEAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.24 Subdivision SB to allow conshuction of a new residence to replace a�re-existing residence on a lot containing 0.47 acres in area in the LR-1B Zoning District where a 1.0 acre minimum lot area is required; and a variance to Sections 10.22 Subd. 2 and 10.56 Subd. 16(L)(1&2)to allow 2.47%hardcover in the 0-75'lakeshore zone where no hardcover is normally allowed, and to allow 36.6% hardcover in the 75-250' lakeshore zone `vhere only 25%hardcover is normally allowed;and a variance to Sections 10.55 Subd. 8 and 10.56 Subd. 16(J)(2)to allow grading and filling within 75' of the OHWL of Lake Minnetonka where no grading and filling is normally allowed; and a variance to Section 10.56 Subd. 16(J)(5) to allow filling within a bluff impact zone where no placing of fill is normally allowed. � 1VOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � �� FINDINGS 1. This application was reviewed as Zoning File#03-2886. . 2. The property is located in the LR-1B Lakeshore Residential Zoning District,which � requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot has � a defined width of 163' at the OHWL and 117' at the 75' setback line, meeting the • Page 1 of 6 1 . ; r • . � O� . . • O �= O ' � CITY of URONO � .,3 � , � ti �� G�' RESOLUTION OF THE CITY COUNCIL �kEsIIOg' NO. � � � � 80% rule of Section 10.03, Subd. 6(A)(1) for existing lots of record, but is only 20,300 s.f. (0.47 acres)in area. 3. The Planning Commission reviewed this application at a public hearing held on Apri121,2003 and recommended approval of the requested variances on a 4-3 vote based on the following findings: a) The property contains an existing residence structure and attached garage, which will be removed by the applicant in order to construct a new - residence on the property. The existing residence is partiallywithiz�75'of the � shoreline. b) The property is provided with municipal sewer. c) The lot area of 0.47 acres is sufficient to allow construction of a new residence • on the site. � d) The prop erty contains a bluff,and the existing residence is located within the bluff impact zone where no structures are normally allowed. The proposed � new residence will be located out of the bluff impact zone, and out of the 0- 75'setback zone. e) Existing hardcover in the 0-75'zone includes retaining walls, stairways and landings which are necessary to maintain the steep slopes and provide access .. to the lake. The applicant proposes to keep 274 s.f. of walls, stairways and landings resulting in a 0-75'hardcover of 2.47%. � fl The bluff is a hardship to the property as is the triangular shape of the lot,with � more than half of the property within 75' of the shoreline. � g) Filling and grading within the bluff impact zone and within the 0-75'lakeshore setback zone will be necessary to bring the basement area of the existing residence back to original grade once that house is removed. 4. The City Council finds that the only hardship supporting the requested hardcover � variance in the 75-250' zone is the odd shape of the lot. In order to determine the magnitude of variance that is justified by the lot shape,the applicant's 75-250'zone � Page 2 of 6 � °� � � • � �� CITY of ORONO � --- ;. � , ti �� G~' � RESOLUTION OF THE CITY COUNCIL �kEsSOg' N O. _ �� p�_ , area should be credited with a triangular portion of the area in the 0-75'zone,based � on pivoting the south lot line at its midpoint to create a rectangular or normal shaped lot. The area to be credited to the 75-250'zone for hardcover calculation purposes is 1,970 s.f.,yielding a tota175-250'area of 11,160 s.f. for calculation purposes. The . resultant hazdcover allowance of 25%would therefore be 2,790 s.f.,the equivalent of an allowance of 30.36%hardcover in the 75-250'zone. 5. The City Council has considered this application including the findings and recommendations'of the Planning Commission,reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 demonstrable hardship or difficulty; is necessary to preserve a substantial properry 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 10.24 Subdivision SB to allow construction of a new residence to replace a pre-existing residence on the property containing 0.47 acres in area in � the LR-1B Zoning District where a 1.0 acre minimum lot area is required;and a variance to Sections 10.22 Subd.2 and 10.56 Subd. 16(L)(1&2)to allow 274 s.f.(2.47%)hardcover in the 0-75'lakeshore zone where no hardcover is normally allowed,and to allow 2,790 s.f. (30.36%)hardcover in the 75- 250'lakeshore zone where only 25%hardcover is normally allowed;and a variance to Sections 10.55 Subd. 8 and 10.56 Subd. 16(J)(2) to allow grading and fillin�within 75' of the OHWL of Lake Minnetonka where no grading and filling is normally allowed;and a variance to Section 10.56 Subd. . 16(J)(5) to allow filling within a bluff impact zone where no placing of fill is normally allowed � subject to the following conditions: � Page 3 of 6 � �� . . • � � �� CITY of ORONO � � : � ti ��L �G~' RESOLUTtON OF THE CITY COUNCIL `9kESH.Og' N0. � � � � 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A.Prior to issuance of a building permit for the property, applicant shall provide a revised site plan, building plans and site grading and � drainage plans for City staff review and approval, depicting a house size,configuration and � location meeting all City requirements subject to the parameters of this variance approval. Any elements of the revised site plan which are not in confornuty with the above will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicant,but are permissive only and must be exercised by obtaining a building permit for the new � construction within one year of the date of Council approval,or the variance will expire on that date(July�14, 2004). �. . 3. 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 misdemearior. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 14th day of July, 2003. ATTEST: �� .� __. Lirida S. Vee, City Clerk Barbara A. Peterson, Mayor � /� � �. Property Owner(s) � Page 4 of 6 . i � O� • O � O .. � � CITY of OR4N0 ,� -. .;.. � , ti ��L �G'�' ' : RESOLUTION OF THE CITY COUNCIL `4k.ESI304 • NO. � � O � STATE OF MINNESOTA "� , , COUNTY OF HENNEPIN The foregoing instrument was aclrnowledged before me on this f�day of �u�_,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. r � LOOZ'6£'�P�MiMI�'��1 � J . ��'a�� Not Public ' f�10Sil30NV'8[181lDe � . . a . . STATE OF MINNESOTA COUNTY OF HENNEPIN • � The foregoing instrument was acknowledged before me on this�day of ��,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. C<F�f?�ARA G.SiLUS �� ert,�;;��u��fC-PAfN�l�SOrn � °a My Commission Er.pires Jan.31,200� Notary Public • Page 5 of 6 � °� � . . • � � � y � . z � C ITY of ORONO � .;-. � ti �� G~' . RESOLUTION OF THE CITY COUNCIL � ��kESII04� NO. � � O � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of�ui�( , 2003, %��vnn� S. �i��,Ati, Mff�'a2i�� personally appeared before me, who is personally known to me ;� � �- whose identity I proved on the basis of�_� _/li1/V l/L whose identity I proved on the oath/affirmation 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. .� � fT, p�NISc M.LESKINEiV • , �NOT�PUUBLIC��SOT� Notary Public STATE OF NIIlVNESOTA � COUNTY OF HENNEPIN On this�day of J v��/ , 2003, _�iA-..�G-� l7 ,��c��,�. ,tiic.r�,'�� ' personally appeared before me, who is personally known to me ✓whose identity I proved on the basis of_{� ��- whose identity I proved on the oath/affirmation of , a credible witness � and who executed the foregoing instrument, and acknowledged that he/she/they executed th�e same as his/her/their free act and deed. DENISE M.LESKINEN MOTAR1f PUBLlC-MINNESOTA My Conrr�ssion Expfres Jan.31,2005 Notary Public � . ' • Page 6 of 6 , . -T" . ///�- ''L � � 1�\ �f I� f� � � � � ♦ / � —�L�.�= � /. ��.�. ' , I i 'i =^ � � , . . : . . � � r': � � '� R\ D C�. cA� � � y � s( 1 � �� ,...:::x4 t< � � / s . � ii �� u �i p. n � .�, � �'� � --� ° � \� r: � — ��''o N•�C N _ � �--=��,'�,�.�. . , `, � ',' i . � G k X N � � � n v'�� K i p�? °i � ,`, � � � �` X ' N x h �� • ♦ �� 1 � O � "C (' N �J O UI ;�- _-s,�'; ----,� � � '� w ; ` �' N v` ,�. �t '�� .�. � - _ -- ,� � ' ' ' � � N V.�,� �� ' f r � � N N � I I (� ' � ' N ��-- y r�q �� i' � � Z +� �Z � �� ii �i �� 3' ' -�`' � � � � ? i �; ,_ � " �' � :' N � -�"'� �� '°�° � � / �� ' ' �` `' -- N s N o � o � °� � � ' 1 % a i� '� O 6� --Q s W C3 -9 � -r,"� i 3j�4.--� � � � � .�� a N 2 •...; � � � � � . � ,� : ,, , -� G N �, �-.o � 6- '� ' ' � � N� �' ' �S ,,,'- �� r , �, .� , . Y r' � ' v � � i `A . - � f� 6 ' � . � i � �� v� � ��N ��%� • � r ` r� .�„� �: f �g r '�-� . , � �,� , �� Q � , y �. � : ^�� I ..��,� � � + r" ' �Y % / • '�� ';f� 'n : i• v� 0� ,�°r � /s ��O 'y•. i, ''� � �f . A� � v� � N ,• � s• � d :�� s m �° � ^ , ! . �'- e x�oa '.� i ��. u� � i +�`,io . `: � . i '��` -1 . �.� -� °, oH , � . �1�,,_•�:: . ; � ,., � � , m '!. ` 9��•f+ I �'�f0�•: k= I . k � ^� I I `l(T N ,LZS ,�� `• . ��a . ', i • . 13 � o �./J .9.j, � l�. ` 1 T Z I ' �y�{o � � � �e�� ,t i � • 'Y C , -�� - , � I >'�'`y o0 �x �o � � ��. � .�,`� • =2�i h•.C� `� /?� �,� � y ; � i ' i.ru • � `' � � � � � I 7' . ? �� i ' i i , 4J � . �., � '• • � sz� � �� ti, � o a .,,,�o� .'�' `� , i "i i ' n i a . ��t � `�r� ��0 ; . �� 1' i � I 1 O � j � .�{iQ� j # . .�.� � 1 �1 I � i �M � aoz � �� , , � , � � � � '� �ix 1er, ' � H i ! ; �� F . ,Q�a°0o ��-j�3?�8 k�JO �' I t � _ ; � ` � �1�` �.� �a �~ � � ( � �� .� � . �,� �N� .� ; �� ; ; :� ; �.��s,'-, ,, , � ,� �S�,gSas� ' - ; � � � �� `•�`�� ...._� - `"'_''S- �' �0.. r' � �. I `- .\` �_., '-/�:__ -�'.-- ---- r��-'_ � � O I _��,, `•, -_ ----� _-�--��6--.._- `�'-�-' ___ - � / p �� I �` ti ' -'--� - �-—�- '__-- ,,x=" -===----- ,e:,� fi' r' � + "" �- -�,✓==- --' -N �' '�-�;�___ ______ _ ____-a-e�s��_ -__ ____ �+ . ,, � �__-/- . x3aaoa 000M -L�_ --_- %�� '�.- � "�" ` .. .._� `� ' 'J �� '�``` ` � � ^. � � i �`` __ ; '� � • ' � � � . ! ..._,� �� d I � N� � '� � '�� / . � N N ' % � � � � i � � \ o �y � � � � a ,�`�, �-, - � . �. �� . . '`� /�� ' ' :/ � . � ,. � ,� N � � - � �� r;� � � ,� o\ � �' � � ` . : �- v ..i y c� � ��i ! � � ^ � , :. 1 " C O '� .�`� � � )/ .. > � �/1 � �. U