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Home My WebLink About#2587 - Variance $� �� c�t� o� oR,oNo .:��r RESOLUTION OF THE CITY COUNCIL � NO. 2587 o - � • A RESOLIITION GRANTING VARIANCES TO MiJNICIPAL ZONING CODE SECTION 10.22, SIIBDIVISIONS 1 & 2, AND SECTION 10.55, SIIBDIVISION 8, AND GRANTING A CONDITIONAL DSE PERMIT PER SECTION 10.03, SIIBDIVISION 19 FILE NO. 1363 WHBREAS, Roger & Becky Berry (hereinafter "the applicants" ) are the owners of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block l, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the a��licant has made a�plication to the City of Orono to permit the construction of a new residence to replace the existing residence on the property, requiring a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to Fermit a 2' encroachment past the average lakeshore setback line where no encroachment is normally allowed, and a variance to Section 10.22, Subdivision 2 to allow hardcover in the southerly 0-75' and in the 75-250' zone in excess of the hardcover normally allowed in thase zones, and for a conditional use permit Fer Municipal Zoning Code Section 10.03, Subdivision 19 and variance to Section 10.55 , Subdivision 8 to permit the regrading of portions of the property located within the 0-75' lakeshore setback zone where no grading is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This ap�lication was reviewed as Zoning File #1363 . 2. The Froperty is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The �roperty is approximate ly 0.71 acres in area. 4. The Orono Planning Commission reviewed this application on January 17, 1989 and February 21, 1989, and recommended ap�roval of the applicant's revised request for variances and a conditional use permit based on the following findings: � Page 1 of 6 • ` , . � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2587 • - e • A) Hardcover is being totally removed from the northerly 0-75' zone and is not increasing in the southerly 0-75' zone. This is a substantial benefit to the property and to the neighborhood in regard to quality of runoff entering Lake Minnetonka. B) The hardcover increase in the 75-250' zone from 26.5� to 31.9$ is justified by removals in the 0-75' zone, which yield a reduction from 8.8$ to 0� hardcover in the northerly 0-75' zone. All of the proposed hardcover is necessary to preserve the substantial progerty rights of the owners in developing this property. C ) The average lakeshore setback encroachment of 2 ' is appropriate given that the actual views of the lake enjoyed by neighboring property owners will substantially increase as a result of removal of the existing house. Furthermore , encroachment of the proposed house past the average setback line is necessary to preserve an existing mature oak tree on the property without redesigning the proposed residence. D) The variances requested are consistent with variances granted for upgrade of other residences in the Baldur Park neighborhood in recent years. E) The unique elevated nature of the property in relation to the surrounding properties, suggests that the residence must be located near the highest elevation and further from the road in order to benefit from the northerly view of the lake, and therefore requires a longer driveway with its associated hardcover. F) Granting of the conditional use permit and variance for grading in the 0-75' zone is necessary to allow applicant to fill in the excavation that will remain after the existing house is removed, with a blending in of the grade to existing contours. The applicants have revised the house p lans so that their walkout concept can be developed without the need to change grades from those naturally occuring in the northerly 0-75' zone. In the southerly 0-75' zone, minor grade changes to reconstruct the driveway are necessary to provide a safe and low-hardcover access to the property. Page 2 of 6 � c�ty o� oR,oNo RESOLUTION OF THE CITY COUNCIL � NO. 2587 • - • • 5. 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 variances 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 property right of the applicant; and would be in keeping with the sFirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the proposed grading in the 0-75' lakeshore setback zone will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will 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 1 to allow an encroachment of 2' past the average lakeshore setback zone where no encroachment is normally allowed, and grants a variance to Section 10.22, Subdivision 2 to allow hardcover of 25.1� in the southerly 0-75' lakeshore setback zone where no hardcover is normally allowed, and allow 31.9$ hardcover in the 75-250' setback zone where only 25� hardcover is normally allowed, and grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow regrading of the yard areas in the 0-75' lakeshore setback zone where filling and grading is normally not allowed, subject to the following conditions: 1. Construction shall adhere to the site plan attached to this resolution as Exhibit A. Page 3 of 6 Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2587 • - • • 2. All hardcover in the northerly 0-75' lakeshore setback zone shall be removed. In the southerly 0-75' lakeshore setback zone, the existing detached garage shall be removed and the driveway shall be reconstructed in a manner such that hardcover in that zone shal 1 not exceed 1, 893 s.f. In the 75-250' zone, hardcover shall not exceed 31.9� or 4 , 940 s.f. The existing detached garage and hardcover surrounding it shall be removed, and a third garage stall shall be attached to the pro�osed residence per the site plan, Exhibit A. 3. Per applicants revised proposal, the grading in the northerly 0- 75' zone shall be limited to that work necessary only to bring that excavation remaining from the removed residence back to Fre-existing grades conforming W inhthe 0-75a�setback zoneeha e been approvedtfor topogra�hy. No cuts creation of a walkout. In the southerly 0-75 ' zone, grading is allowed as necessary to minimize the length and slope of the driveway as well as the hardcover associated with it. All areas in the 0-75' zone shall be immediately seeded or sodd halltbe subject to eros ionncontrolameasuresnas may be the property s required by the City. 4. The apFlicant is advised that no additional hardcover will be allowed on this property in excess of that granted with the current variance request, but any future proposal to add hardcover on the property might be approved only with concurrent removals of existing hardcover, resulting in no net increase in hardcover on the property. 5. Ap�licants are further advised that the traveled portion of Baldur Park Road extends within the property boundaries and the City may at some future date request additional right-of-way to accommodate that roadway. (Granting of additional right-of-way is not a condition of the current variance approval). 6. Authorities granted by this variance run with the property not with the owner, but are �ermissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (March 13, 1990). 7 . Violation of or non-compliance with any of the terms and conditions of this resolution s�e minatesany uautho ity grantedfherein�nand shall shall automatically be �unishable as a misdemeanor. Page 4 �,= 6 r Cit� of ORONO RESOlUTION OF THE CITY COUNCIL � NO. 2587 • - • • 8. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of March, 19�. 's E AT�EST: , '__-- - D rothy . Hallin, City Clerk - Jame R. Grabek, yor � � � ``�-___-�G%�� s . L Property Own ( s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fore oing instrument was acknowledged before me on this 7�- day of �q(.ZC , 19�, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota munici�al corporation and said instrument was executed on behalf of the City. No ry P � ��''''�::�� LAURIE K. HEFFLER ' r��ii-��'; NOTARY PU2LIC-MIN;JESOTf ti ; HENNEPIN COUNTY f-'� • My cort'mise�on axr>iro5 i-9•�3 r �,.MN+x��/'�••4n�s.�.+�/�..w.wh My Commission Ex�ires . Page 5 of 6 ' �� c�t o� oRoNo � � RESOLUTION OF THE CITY COUNCtL � NO. 2587 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of ��(�/� . 19� before me a o ar ublic within and for said county, personally appeared � known to me to be the person(s ) describe in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. L,,��=�— THERE8A L- NAAB NOTARY PUBLIC �� g�.MINNESOTA ��9�92 �_�,�a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �� day of �(1 � � , 198�, before me a N ary Publ ' c within and for said County, personally appeared � known to me to be the �erson(s) describe in and who executed the foregoing instrument, nd acknowledged that he (they ) executed the same as his their) free act and deed. C�� NOTARY PUBLIC THEFIE8A L NAAB NOTAHY PfJBUC• MINNESOTA /�j �`�_ 9a HENNEPiN COUNTY �i1' X Aih�oomrniasb� ezpUw s-a-s2 / cJ MY COMMISSION EXPIRES Page 6 of 6