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`� ' RESOLUTION OF THE CITY COUNCIL
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A RESOLDTION GRANTING
RSNEWAL VARIANCES TO
MIINICIPAL ZONING CODE
SECTION lO.Z2, SIIBDIVISIONS 1 & 2 AND
SECTION 10.55, SIIBDIVISION 8, AND
GRANTING A CONDITIONAL IISE P�RMIT PER
SECTION 10.03, SIIBDIVISION 19
FILE #1544
WHEREAS, Roger and Becky Berry (hereinafter "the
apFlicants" ) are the owners of the property Iocated at 1392
Baldur Park Road within the City of Orono (hereinafter "City" )
and legally described as follows:
Lots 17 and 18 , Block 1 , Baldur Park, Hennepin County,
Minnesota (hereinafter "the proFerty") ; and
WHEREAS, the applicants have made application to the
City of Orono for renewal of variances previously granted to
permit construction of a new residence to reFlace the existing
residence on the property, requiring a variance to Municipal
Zoning Code Section 10 . 22 , Subdivision 1 to permit 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 all.ow hardcover in the southerly 0-75 '
and in the 75-250' zone in excess of the hardcover normally
allowed in those zones , and for a conditional use permit per
Municipal Zoning Code Section 10.03, Subdivision 19 and variance
to Section 10.55 , Subdivision 8 to permit the regrading of
portions of the Froperty 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 application was reviewed as Zoning File #1544.
2. The property is located in the LR-1C Singl.e Family
Lakeshore Residentiai Zoning District.
3 . The property is approximately 0 . 71 acres in area.
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4. The Orono Planning Commission reviewed the original
application #1363 on January 17, 1989 and February 21, 1989,
and recommended approval of the applicants' revised request
for �variances and a conditional use perm�it based on the -
follawing findings:
A) Hardcover is being totally removed from the
northerly 0-75' zone and is not increasing in the
southerly 0-75' zane. 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 yiel.d 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
property 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
proFosed 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 uFgrade 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 fo the lake, and therefore
requires a longer driveway with its associated
hardcover.
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RESOLUTION OF THE CITY COUNCIL
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F) Granting of the conditional use permit and variance
for grading in the 0-75' zone is necessary to allow
app licant to f i 11 in the excavation that wi 11 remain
- after the existing house is removed, with a blending in
of the grade to existing contours. The applicants have
revised the house plans so that their wa].kout 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 pravide a
safe and low-hardcover access to the property.
5. The Planning Commission reviewed application #1544 on
June 18 , 1990 and on a vote of 6-0 recommended approval ,
finding no changes proposed from the approval granted in
Resolution #2587 adopted March 13, 1989.
6. The City Council finds that the conditions existing on
this Froperty 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 properties ; would not merel.y 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
City.
7. The City Counci 1 f inds that granting a conditiona 1 use
Fermit for 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.
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CONCLUSIONS, ORDER AND CONDITIONS
Based u�on one or more of the above findings, the Orono
City Council hereby grants a variance to Munici�al 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 Fermit 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:
l. Construction sha 11 adhere to the site p lan attached to
this resolution as Exhibit A.
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 shall 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 remaved, and a third garage stall shall be
attached to the proposed 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 pre-existing grades conforming with the
shape and slope of the pre-existing topograFhy. No cuts in
the 0-75' setback zone have been approved for creation af 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 sodded after completion
of grading, and a 11 grading work on the property sha 11 be
subject to erosion control measures as may be required by
the City.
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4. The applicant is advised that no additional hard a ted
wi 1 I be al lowed on this property in butc any futuretF roposa 1
with the current variancerae ert t mi ht be a�proved only in
to add hardcover on the p R Y g .
conjunction Wnohnetnincreaserin�ha dcover on the prop rtyer,
resulting in
5. Applicants 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 accomaodas no h atcondit ion of( the curr ent
additional right of y
variance approval.)
6. Authorities granted by thibut are uermiss ve only and
proFerty not with the applicant, F
must be exercised by application for a building permit
within one year of the date of Council a�proval , or the
special conditions of this resolution will expire on that
date (July 9 , 1991 ) .
7. Violation of or non-compliance with any of the terms and
conditions of this resolution shal l constitu termi t atany
of the zoning code, shall automatically
authority granted herein, and shall be punishable as a
misdemeanor.
8 , The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on behalf
of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title of the pro�erty.
Adopted by the Orono City Council on this 9th day of
Jul , 1990. - � �
AT T:
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Jam s R. Grabek, yor
ot Hallin, City Cle - - ---,�
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Pro er Owner(s) �� ,%/
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of July, 1990 , by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City. -
'� =' THERESA L. Na�S � � ,
��
'�� NOTARY PUBLIC - MINNESOTA � � i �
HENNEPIN COUNTY ;���, � '
�-� ��pmmission exAiras 9-8-92 + LC
Notary Public
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this ��� day of �'Z(SZC�'� � 199 �
before me a Notary Public ' thin and for -s d county, Fersonaliy
a�peared � `� , �'� . � � , �� � ; � � �--�.
known to me to be th ersan(s) � scribed in and who executed the
foregoing instrument , and acknowledged that he (they) executed
the same as his (their) free act and deed.
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��- THERESA L. NAAB '
'`�A�;s NOTARY PUBLIC - MINNESOTA �,J(/� � /��(�'(�'
c ��" HENNEPIN COUNTY
' -�: �ty�omm�sa�on exp+ros ss-s2 N 0 TAR Y P U B L I C
STATE OF MINNESOTA )
)ss .
COUNTY OF HENNEPIN )
On this day of , 199_, befare me a
Notary Public within and for said County, personally appeared
known to
me to be the person ( s described ln and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
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