HomeMy WebLinkAboutRes 2786Citi Of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF
ORONO NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 0.22, SUBDIVISIONS
SECTION 1 AND 2, AND
10.55, SUBDIVISION 8,
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, suaDIVISION 19
FILE #1468
WHEREAS, Geo:ge and Sally Pi2lsbur e
applicants") are the owntirs of the
8:acketts Point y (h reinafter "the
thetY") and `yegaland dds within ibdon hExhCiity fa rnoca(bar.,ted na1t00
prooe_.Cached
(hereinafter
` WHEREAS, the applicants
Ci _1 of Orono for va_ ' have made
10.12, Subdivisions 'lances to (,,) F!uiicipal Zoning
to the
construct a l and 2, (b) Section 20.55 g Code Stiction
const lakesho greenhouse addition and a re Subdivision 8 to
hardcover setback zone retain- wall within the
in the 0-75' zne where nosultingrin sturc
normally allowad, and which greenhouse ture,ais
the defined ave or hardcover
stru
is normally rage lakesho:e a addition encroaches past
e allowed, and further
tback line where no encroachment
Permit for grading work within the p_75uestin
(c) e 9 a conditional use
Pe: Section 10.03, Subdivision 19. lake
shore setback zone
Orono,Minnesota�E�FO� BE IT RESOLVED b} the City Council of
FINDINGS
1. This application was reviewed as 'oning Films
2' The 0:ono ? 41468.
application October 16, 1989nning Commission reviewed the
Proposed variances and conditional useomp soda
based on the followin d approval of the
g findings; Permit on a vote of 5-2,
A) • The ave_
age not impair any laxistin setback encroachment will
neighboring p 9 lake
p:oert visas
Property owners, nJoyed by
8)• The retaining towall of athP associated grading
p._ssary for preservation of Lakeshore bank is
which is currently the lake
ntly exhibiting some shore bank,
slumping effect.
City of ORO -NO
CITY i OF RESOLUTION OF THE CITY COUNCIL
NO. 2786
R •
The 24"-30" proposad haight of the single proposed
retaining wall is low enough that th wal.l can be
easily screened using Pxisting and additinnal
vegetation coupled with the stony construction
materials proposed.
C). Th- proposed hardcover increase from 5.71 up to
7.6s (based on the extant and size of th-
improvements at that date) in tha 0-75' setback zone
is relatively minor in its impact on the lake given
the relatively large 0-75' ".one. Further, the effect
of the additional hardcove: in the 0-75' zone is
minimized by the proposed drain til- which will
collect runoff betwPPn the residence and the
shoreline and transport the runoff to th- 75-250'
zone for below grade and overland iisparsal.
o). The lakeshore setback variance is justified by
the need for southeast-xposu:•l for the proposed
growing of orchids, this wing the only suitable
location for such a graanhoase addition because of
the existing orientation and location of the house.
:7urti,or, Cha-1-vation of the Pxisting house and
proposed g:eenhousP addition above th- laka and the
height of the lak-shore bank will tend to minimizes
tha visual impact of the gr-enhouse as viewed from
the lake.
3. The property is located in the LR-lA Singly Family
Lakeshore 3,�-sidential Zoning District; is approximately 2.96
acres (128,938 sq. ft.) in area, which is almost 503 larger than
the minimum lot size required of 2 acres. Distribution of arca
is as follows:
M
Lot Area:
Cit.vy of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
0 - 75' = 25,925 sq. ft.
75 - 250' = 62,900 sq. ft.
250 - 500' = 40,000 sq. ft.
128,825 sq. ft. - 2.96 AC
Eiardco•e:.
Exist°nc
sc. rt. 1
0 - 75'
75 - 250'
250 - 500'
Total
1,491 ( 5.751)
11,450 (18.2 1)
2,500 ( 6.3 %)
IT -,TTY ( r=. % avg )
Allowed
Sc.Ft. I
0 ( 0 e)
15,725 (25 8)
12,000 (30 8)
7T'=5 avg )
4. The house was built in 1949 and then complied with
all existing ordinances. The land between the house and the lake
consists of a steep embarkment with a reverse slope extending
west-aard from the top of the embankment. The steep embankment
creates an erosion problem.
5. Given the lie of the land, the date of construction
of the house and the location of the Pillsbury house to th-
south, the house is a reasonable distance from the lake (closest
point is 57' from the lake). Suc:i house location was permitted
when the house was built 40 yearn ago. The house is as close to
the lake as it is largely because of the reverse slope which made
it necessary to move the house closer to obtain a view of the
lake.
6. Tn response to Planning Commission input, the
applicant's reviewed and reanalyzed the hardcover on their site.
In such further review it was determined that there is a 330 sq.
ft. area of large pavers near the dock about 25' from the
lakeshore. :he applicants amended their proposal by letter dated
December 29, 1989 to delete thT 330 sq. ft. of pavers for a net
reduction in existing hardcover in the 0-75' zone of from 1,491
sq. ft. to 1,161 sq. ft.
7. The hardcover computation, after reduction in size
of applicants' proposed impr^vements and removal of existing
hardcover (pavers by the lake) subsequent to the Planning
Commission action, as foliuds:
Citi- of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY NO. 2786
ORONO
See "Data Sheet" attached as Exhibit 9
In the 250-500'
allowed hardcover is 30%.
is 18.2%; the increase
is
allowed hardcover
from 1949 is only 1,491
pavers by the lake, there
the 0-75' zono `.rom 1,49
reduction.
zone ` e75 --a rdcover is 6
50' zone the hardcover where
the
In the used
only 1/10th of 11 to 18.38; and the
In the. 0-75' zone the hardcover dating
sq. ft. or 5.7s°. With the removal of
will be a net decrease in hardcover in
1 sq.
c. to 1,167 sq ft., a 23 sq. ft.
Taken as a whole the hardcoveron l be only lots which
i hs is
largo: than the minimum lot siz
when the allowed hardcover on this site would be 27,725 sq.
Therefore the applicants aro aiding the lakeshore drainage
under -utilizing the allowed hardcover and decreasing
hardcover in t..do 0-75 zon^•
50%
ft.
f t.
by
the
8. while 170 sq. ft. of the 306 sq. ft. of new
a portion of the new greenhouse, other
hardcover constitutes
including the retaining wall/stairs (96
parts of the hardcover of
sq, ft.) and paving (40 sq. ft.) aro for thPmpurpontsdown
landscaping, screening and botter stabilizing th erosion
to Lake minnotonka. Tho embankment has suffered some
damage over the years. Significantly, the applicants' drainage
plans call for betterment of the existing eroding condition by
directing water away from the embankment. Such drainage plan is
a significant improvement to control erosion.
9. The applizants are in their 60s and suffer from
arthritis. The proposed additional area of ground floor, bedroom
ome
living space will assist
mbestai:setoebedcoomnin aceas)eandhthe
(rather than having to
high humidity in the greenhouse adjacent to the bedroom is
beneficial to reduce the impact of arthritis.
10. The existing mi1949 house is as the house close
constructed.
Minnetonka which was p
new house construction will be futher from the
All parts of theka than 75' with the closest such new
shore of Lake Minneton
portion being 58 1/2' from Lake Minnetonka. view from adjacent
houses are not impacted by the addition.
Cite of ORONO
CITY RESOLU I ION OF THE CITY COUNCIL
or NO.
ORONO
11. Given the layout of the, house, and the, configuration
of the shoreline, there is no re,asonable alte,rnative location for
an addition to the master bed:oon for additional area fcr it and
for use as 3 greenhouse since, such improvmements must be on the
southeast sida of the house,. The, ap=licant did reduce the size
of the proposed addition and mova it as far to the west to comply
with Orono ordinances as best as possibly under the
circumstances.
12. The hosue has architactuial significance.
13. Thy combination of the above, factors is
justification for the addition applicants wish to make in the
zona within 75' of Lake, Minnetonka, the placement of the addition
58.5 fpet from the lake, and installation of re,quested retaining
wal1, stairs, paving, grading, and drainage system. The
conditions existing on this property ara peculiar to it and do
not apply generally to other property in this zoning district.
Granting tha variances will not adversely affect traffic
conditions, licht, air nor pose a fire* hazard or other danger to
neighboring prop -:ties. The* variances ara not merely
conveniences to the applicants, but are necassary to allaviate
the foregoing hardships and difficulties. Thy variances are
necassary to prasarve substantial property rights of the
applicants and are in kee,ping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City. There is a net
dac:easa of hardcover in the, 0-75' zone.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants variancys to (a) Municipal Zoning Code Sections
10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
permit construction of a greenhouse addition and retaining walls
in the 0-75' lakeshore setback zone as shown on the, site plan as
Exhibit C, and futhar (c) grants a conditional use permit for
grading and retaining walls in the 0' to 75' lake -shore setback
zone per Stiction 10.03, Subdivision 19, according to the
applicants' application, as ame.,ded, subject to the following
conditions:
1. Applicant shall provide the City Engineer with a
detailed final grading and rte' -.ping wall plan, which
must be approved before perm , can be issued for the
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
grading/retaining wall construction. The City Engineer
shall wo-k in conjunction with the applicants to
establish suitable limits for th- grading work.
2. The applicants shall maintain existing vegetation on
the lak-shore bank as proposed, and shall plant
additional vegetation to screen the proposed 24"-30"
high retaining wall from the lake to reduce its visual
impact. Applicant shall us- native materials and
natural coloring to minimize the visual impact of this
wall to the greatest extent possible.
3. As proposed, the applicants shall construct a drain
tile system between the existing residance and the
lake -shore, to redirect the drainage from the 0-75' zone
to the 75-250' zone for dispersal.
4. As proposed, the applicants shall remove the 330 sq.
ft. of pav-rs near the lake.
5. Authorities granted by this resolution run with the
property not with the applicants, but are permissive
only and must be exercised by application for a building
permit within one year of th^ date of Coucil approval,
or the special conditions of this resolution will expire
on that date ( Anril 0 1991).
6. Violation of or non-compliant- 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 misdemeanor.
7. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on
behalf of themselves, their heirs,-epresentatives and
assigns, hereby agree to the recording of this
resolution in the chain of titl- of the property.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2786
Adopted by the Orono City Council on this 9th day of
April , 1990.
Jame R. Grabek, or
ATT T:
rothy Ha 1 n, City Clerk
Prop rty Cjwner(s
City of OR.ONO
RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPTN )
On this �r�:
- /- day of (' ( '_99C
before me a Notary Public with?r. an for sa: county, personally
appeared •- / 'r /l « i /l ,:c, , j 'lz
known to me to .,e the persons described and wnc'executea1ne
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
®WIARY
ROBfRT KfflI C -4V I
�QKWv
Iq c,...w. Lon 1.h a W4
STATE OF MINNESOTA ?
)ss.
COUNTY OF HENNEP:N )
� �. 4 -
NCTARY PUBLIC
MY CCMM:SSICN E'+,?:RES
On this day of 199, before me a
Notary Public within and for said County, personally appeared
known to
me to be the persons escr: a in and who executed the
foregoing instrument, and ackncwledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Exhibit A
Resolution No. 2786
LEGAI. DESCRIPTION
Lot 4, Rearrangement of Orono Point, Hennepin County,
Minnesota, and beginning at the most southerly corner
of said Lot 4, then southwesterly along the extension
of the southeasterly line thereof to the center line of
said
Center Avenue (vacated), then northwesterly aloof9Center
centerline to the northerly line of that p
art Avenue vacated by Court Order being document number
2092886 in Register of Deecs, thenlaid
i rtheaterlvacated
y at
right angles to the northeasterly in
of sof beginning.
street, then southeasterly to the point
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