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Home My WebLink AboutResolution 7032 1111 11 1 11 III 11 11111 11 11 11 Doc No A10714560 Certified, filed and/or recorded on Oct 18, 2019 9:33 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 137 Pkg ID 1892238E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7 32 NO. O SHO A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FROM MUNICIPAL ZONING CODE SECTION 78-1118 FILE NO. LAI 9-000060 WHEREAS, on August 1, 2019, Tim Druk("Applicant"), applied for a conditional use permit from the City Code for the property addressed 3348 Bayside Road and legally described as: Lots 9, 10, and 11, Block 6, Bayside Addition to Lake Minnetonka (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a condition use permit to Orono Municipal Zoning Code Section78-1118 to allow filling in the floodplain; and WHEREAS, on September 16, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 14, 2019, the City Council continued a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 16, 2019, the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on October 14, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000060. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7032 F L ESHO�� above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A Zoning District. 3. The Property contains 0.47 acres in area and has a defined lot width of 120 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following Conditional Use Permit: a. Filling in the 100 year floodplain 6. In considering this application for conditional, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1) Consistent with the community management plan; The use of the property for a home and detached garage is consistent with the residential district. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Filling in the floodplain is a conditional use. 3) Adequately served by police, fire, roads, and stormwater management; The property is served by municipal services, no impacts have been identified or are anticipated to the stormwater system. 4) Provided with an adequate water supply and sewage disposal system; There is adequate services to support the intended use. 5) Not expected to generate excessive demand for public services at public cost; Altering and mitigating in the floodplain is not expected to generate any public services or cost. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed detached garage follows all other city code requirements and fits with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; This is true. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� Gti� NO. O L `�xESHO 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This is true. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; Not expected to impact adjacent uses. 10)Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Use is contained within with property boundaries. 11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; This is true. 12)Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; There is roughly 50 cubic yards of total material being manipulated on the property for altering the floodplain. This is considered a minor amount of material and should not create excessive traffic or parking. 13)Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The applicant is proposing to mitigate the area that is to be filled by creating for volume of area to use as floodplain all within the property boundaries. This will minimize the environmental impact of the project. 14)All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; No exterior lights are proposed for the condition use. 15) Not detrimental to the public health, public safety, or general welfare. This statement is true. CONCLUSIONS. ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 78-1118 to allow to fill in the floodplain, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 7/29/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G,fi NO. 7 0 3 2 t�kESHO t 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date (October 14, 2020). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 14th day of October, 2019. ATTEST: CITY OF ORONO: wgqlo Anna Carlson, City Clerk Dennis Walsh, Mayor 4 BUILDING SKETCH PROPERTY DESCRIPTION PROPERTYADDRESS:� 0 3348 Bayside Road 32 FOR: Tim and Julie Druk Lots 9, 10 and 11, Block 6, Bayside Orono, MN 55304 Addition to Lake Minnetonka, Hennepin AREA CALCULATIONS County, Minnesota. TOTAL LOT = ±20,831 sq. ft. PROPOSED ELEVATIONS 097 = 942.0 Existing House = ±1, S GARAGE FLOOR q. Ft. / ^ Proposed Garage = ±676 Sq. Ft. TOP OF BLOCK = 942.4 100 YEAR (BFE) ELEVATION Existing Driveway = ±400 Sq. Ft. Proposed Driveway = ±778 Sq. Ft. BFE=939.9(NGVD1929) Per BFE Determination for Unnamed Existing Deck = ±207 Sq. Ft. Tributary to Stubbs Bay 51.1 ode Section Total Impervious = ±3,158 Sq. Ft. 27053CV001 B & 2B Impervious = ±15.29 GARAGE FLOOR = 942.0 LEGEND FREEBOARD = 2.1 D� ;�� ' " i % 99. DENOTES PROPOSED ELEVATION DENOTES PROPOSED CONTOUR -----DENOTES EXISTING CONTOUR PER oq °12" I I di ---------SURVEY BY VAN NESTE SURVEYING a /, oQ \ III N DENOTES DIRECTION OF DRAINAGE tiectiepi _�� __-s3�- 1 1Ik °Q DENOTES BITUMINOUS eek° ! 6 \\ Z O DENOTES WELL :g eek j �3 938---- �C DENOTES PROPOSED l ��s�/ �' sly' �� /??/I\,\�7 " Red Pine FILL IN FLOODPLAIN \\�/ �/° '� Benchmark: 2 \\\\\ Y DENOTES PROPOSED I / - , Highest point CUT ((Mitigation) I / of wel casing \\ a s DENOTES 51LT FENCE NOTES \ .` 15T 9 \\ NO FIELD WORK HAS BEEN DONE N \iilll BY ACRE LAND SURVEYING, INC. IN THE PREPARATION OF THIS > o BUILDING SKETCH. CD EXISTING BITUMINOUS DRIVEWAYr 1111 N TO BE USED AS CONST. II ENTRANCE. % E sting INFORMATION SHOWN ON THIS > Bi uminous c6 BUILDING SKETCH IS TAKEN, INDr veway posed \� PART, FROM A CERTIFICATE OF r_ Garage .7% SURVEY BY VAN NESTE SURVEYING DATED 4/28/2016. - ~+ --�--83.1 - C-14 \� �,�\Ib�= I I GFE=942.0 N p1 BEARING'S SHOWN ARE BASED 9" S�r�Ce ON ASSUMED DATUM. �N_ "' TT } 41' 941 2?% ►II\ DRIVEWAY IS SHOWN FOR V ,� ~ 40. jl GRAPHIC PURPOSES ONLY. Existi g Hou e j 30' Setba��, FINAL DRIVEWAY DESIGN AND r3348Aayside Rd.00 24'1 °k LOCA11ON TO BE DETERMINED BY ; 10'Hackbe ry CONTRACTOR AND VERIFIED WITH 4' Oak 42' CITY BUILDING DEPT. 0 i �/ /38.5' M / 12" - _-g GARAGE IS A 26 X 26 ,d 24" Oak SLAB ON GRADE STRUCTURE. 125.25 N890241�411W 0 30 8" HackberrY .18" Spfce �— '.... 12' Cherry i� —____ ---- — ----- --- ----- �_ ( IN FEET ) / , 1 inch = 30 ft. /NORTH / ko 01 CUT-FILL CALCULATIONS(Composite): I hereby certify that this survey, plan or report was prepared by Fill= 22 Cu. Yd. Cut= 27 Cu. Yd. Net= + 5 Cu. Yd. me or under my direct supervision and that I am a duly Licensed Land u r under the laws of the State of Minnesota. CRE LAND SURVEYING �/t JOB #19932HS 26450 Rum River Drive NW. =1 /2Z4, Isanti, MN 55040 7-29-19 Revised 763-439-27021r.acrelandsurvey4agmail.com bdC. REYNOLDS Date: 6-28-19 Reg. No. 1,3072191n...iz...l..a.t..io..,io...iz..io...w...no..n+...€a..na..n~..M..na..IL".E..na..P C: Usero owner OneDrive Cod1-D 19932HS-Lots 9,10,11 Block 6, Bayside Add to Lake Minnetonka dwg 19932HSdwg 7/29/2019 2:55pm - - N M zQE J so- C)0 0 ❑❑❑❑❑ or-` ❑❑❑❑❑ w 4313 A'MN3 w SESN ------ IY ❑❑❑❑❑ ❑❑❑❑❑ ❑❑❑❑ ?t aro.,: s3ssnm 133H ANDS b Z C) Q LLI LLJJ w ' Ilk .9-a3 >r d Z A w N LL, N§ LTJ b O> U Q� W