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Home My WebLink AboutResolution 6463 �o�o C ITY OF QRONO RESOLUT'ION OF THE CITY COUNCIL � d46 � �� ' N O. t'�kFs H o�� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279,AND 78-1288, AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 14-3695 WHEREAS, the Katherine M. Fox Trust, Bill C. Fox, Trustee (hereinafter "the applicanY'), represented by David Fox, is the owner of the property located at 1095 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as follows: All that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No.441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No, 1372, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 16.2% hardcover within the 0-75' setback from the lake where 0% is allowed and 0% within the 0-75' setback from the lagoon where 0% is allowed, and 18.2% within the 75'-250' zone where 25% is normally allowed and 14.4% currently exists in order to construct the proposed residence; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for construction of the new home; and Page ? of 6 �o�o C ITY OF ORONO RESOLUTION OF T'HE CITY COUNCIL ��'q �,G~� N o. d 4 6 � kEsxo� WHEREAS, the applicant is requesting that the identical approvals granted for the property on October 29, 2009 via Resolution No. 5872 and extended on April 25, 2011 via Resolution No. 6038, and extended again on July 9, 2012 via Resolution No. 6152 be again approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 14-3695. 2. The property is located in the LR-lA Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2014 and on a vote of 7 — 0 recommended approval based on its determination that the findings of Resolution No. 5872 remain valid, reiterated here as follows: a. Approval of the variances based on the following findings: i. The property contains 55,410 s.f. or 1.27 acre in area and contains 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The 75' setback from the OHWL of the lake is applied on two sides of the property due to the existence of the lagoon. iv. The existence of the 100-year floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. v. The proposal, at 8% structural coverage, will not exceed the structural lot coverage limitation of 15%. page 2 of 6 �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � �' G` � 4f � NO. t`9kES H 0�� vi. The applicant has proposed vegetative buffers on the property as , shown on the submitted plans by Gronberg & Associates dated 10/01/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. The history of site flooding was identified by the City of Orono during high water flooding conditions in June of 2014. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 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 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 practical diff culty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the viciniTy. CONCLiJSIONS, 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 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Section 78-1288 to allow 16.2% hardcover within the 0-75' setback from the lake where 0% is allowed and 0% from the lagoon where 0% is Page 3 of 6 g-��o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��'q tiG~� N o. 6 4 G � 'FE S H O� allowed, and 18.2% within the 75'-250' zone where 25% is normally allowed and 14.4% currently exists in order to construct the proposed residence; and a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the 0-75' zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home, subject to the following conditions: 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. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 2,506 s.f. or 16.2% and within the 0-75' zone from the lagoon hardcover will not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 6,764 s.f. or 18.2% per the existing conditions shown on the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Native plantings shall be incorporated into the plans as proposed on the 10/O1/09 survey by Gronberg and Associates. The plans shall be planted in accordance with the City Engineer's recommendations outlined within the 10/12/09 comment letter. 4. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as-built grading plan verifying compliance with the building permit, storm water management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 5. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 6. Due to the proximity of the proposed home to the lake, a natural color palette consisting of darker colors shall be used for the home's exterior in order to minimize the visibility of the home from the lake. Pa�e 4 of 6 �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � 6463 `� �'~ N O. t'9kE S H�� 7. Council approval of the conditional use permit is based on the grading and floodplain mitigation plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 8. Applicant sha11 remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 9. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed home. 10. 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 and CUP will expire on that date (November 9, 2015). 11. 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 misdemeanor. 12. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the 10�' day of November, 2014. ATTEST: �',/�c�t_�_�:�� f,.�C�C��.� � . .+ ----{�— �,^ Rachel_ Dodg;,, Ci�y Clerk Lili Tod McMillan, Mayor � Page 5 of 6 �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��'l,� �,C'~� N�. E7 � [7 � kEsxo� Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_day of , 2012 by Bill C. Fox, Trustee of the Katherine M. Fox Trust. Notary Public Page 6 of 6 � N W � c�BILL�FOX FOR Resolution IN LOT 9,NORTH SHORE COTTAGE ACRES Exhibit A HENNEPIN COUNTY,MINNESOTA „__ \\\� �� _ / � / \� \\ �9�F u..�� \� �'. � �0 � "�.' 9 / �` � -..��--,,�� g �' � ��"\ R.L.�. I� �' i e� � �� ',�e. \��` ��— � � � °� � '� ��§,� '� � �� /:::�„� � � � �,� �� .'� �i' y�' -� °°�'��,�� , �� \� � � � � �� \\� �� /` �� I � -.,,, � ��'�� - � `� \ :�z `�' ..� /��__. �, � .��_ ��. �� . � ��,« �- � � �� ;�'• w,,,�" I �� -�.��-��.... e / \ � """"` S �`��... F� � �� - 1' ___— � � ' �� \��„ \ �' �.: �=\ �i �'� � �� 1� � � �� i i � „o � � �� ,�� J i � �.�_�� , i �� ` i I �::. � TRAC? �., J �„/ /� � � /� � � EXIST�� 1�� // �� `��A'Y�/ �w: /imi /� �/� ��\ � // -��.c� � , I _ � ,.,""'°°��.� �i� „P// ti"�.a. � ,�a•�i �\ � \\ _�,�l � `��'°Y° •�• '� � /� y��j/ Py � � � �, � �"�,�.,. // // j � ,1 �.\ � � � � \\"'`� , ;T' �,.s �/J'� Q� mar 1 � �� / �, / � : '�` ��""` .�` 'k/`� `, „,..l�% `. y ,,\ , _ . F+ oo . :i � .....N �� VS��`oyq\ O �_ j� �•- '\ 5 � / \ � \ w°°°v \\ QR��'�a�� w _ " // /� �1.�_.�. ��1�. �.�� , .� . q �J� _' -- � / / \ as, qy, � �— � m� ^� �f?/�rT � � �� n � s �. w � _ � � �� i = � � , � .�, � \� �,�h � � EXISTING �� "" +• _� //�a � ,��HOUSE r�s.s cartan uE�- \��.-6''� ` / � � / o � ,,,,n \� .� i � xme�aru�neoFrmu�r�c�r�r � �\ � � I \�� aaner,oso�eamnu�saun \ � �� \��\\\ \\\ ��` \\\ �\ � MINNETONKA �\� \ sr�owrrs snv \ \ � � �,�„�� - LEGAI DESCRIPTION OF PFiEM5E5 (from Bunret Title Cortxn�lmmi No 7-12835. 8r�oo111 AalHt NEWENOINAISI@t _ _ yy�w9j�� Atl tMl porl o�Lot 9,North Sfqre Colla�e Acres Loke Mvrieta�ka, 1GBWEW� �ymg Southe�lerly ol lhe Southeasterly unes of Reqiatered laM Svvey ��4�� No 441 mA Rerystered Lmtl Survey No 902,mW ynq Nprthwoterly ��.ninEr�aiom.n or tn�No.�n.,e�oi��,�e or RW'e�oa�o�d su�or No i3n. 0 20 40 80 w��ianExouw o 8yppiMp@g19py (90gJ) derw�es exrsU�q vpot elevatwn.meo o kvel dotun M�� notes exi 6rg ontnur Lne.rtrea aelevel do�un aaocaine+Roo rw�sed oo tw.o�e,m a b�d aowm SCAIE IN FEET w� deratn popoeetl apol ebwbon.eme aea bvel dotwn �� Bearmqs snorn me Dozerd upon on v�yd dotvn� �ryy�g5 This vey shows Inu boundorros of the obove Aescribed property, B6 PRARIECOROOPASS arM the proposed lotGtiOn ot a proposetl tiouse oM M popoxd LOT AREMS��VED vis�Cle"haracaver",antl aOjoimng Muxs tl�ereon n Ooes rqt purport lo siwv,ony other rmprovements or encroochnenls OCT 0 5 2009 � �'�' �� GRONBERG 8 Agk7�Wli�@B�VtpIC. D�TE BY NEtl�PoCS vwPRBIA�BYMlat�lLBeWd�clV9MluN fi3�U! �/� W�pILYUciIlmlROlklNOWL Wplm1 w >a�o w � womwam� " �r�rariwa�w�sasncmreoc CIVI�K�,4.LADD t'� SURVEYORS,LAf�PI.AtNER3 448 N.WILLOW OPoVE LONG LAKE,MN 35956 p� w �� PHONE 832�473.4141 FAX:852�73r1495 x��.c�woa�n.n.iaoo wre �/ u�seE /2� ` �°�o C ITY OF ORONO RESOLUTION OF T'HE CITY COUNCIL � ti `� G~ N O. �� t�KESH�� A RESOLUTION ENACTING AMENDMENT #2 OF THE ORONO 2008-2030 COMMUNITY MANAGEMENT PLAN: 405 North Arm Drive (AKA Lakeview Golf Course) Property Identification Numbers: 06-117-23-32-0003; 06-117-23-33-0005; 06-117-23-33-0007; 06-117-23-34-0002; and 07-117-23-12-0001 WHEREAS, the City of Orono (hereinafter "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, in September 2010 the Orono City Council adopted the 2008-2030 Orono Community Management Plan (hereinafter "CMP" or "the Comprehensive Plan") to provide for the orderly development of the City, in compliance with the Metropolitan Land Planning Act of 1976 and Minnesota Statutes Chapters 462 and 473; and WHEREAS, the property in question consists of approximately 142 acres, operated as a golf course since the late 1950s; and WHEREAS,the previous land use category applied to the subject property in the CMP was "Parks Recreational and Open Space"; and WHEREAS, the current owner applied for an amendment to the CMP to change the land use designation from "Parks Recreational and Open Space"to "Rural Residential"; and WI3EREAS, the land use category "Parks Recreational and Open Space" has for many years been applied to nearly all the open space areas in Orono, whether owned and/or operated by public or private entities, and whether such properties are open to public or private use. Properties subject to this land use category include public parks, as well golf courses that are private use only, a golf course that is owned by the City and made available to public use, and the subject property, privately owned,but open to public play; and WHEREAS, the subject property is zoned "RR-1B", a zoning district that allows rural residential land use. The purpose of the "RR-1B" zoning district reads as follows: "The RR-1B one-family rural residential district is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity."; and WHEREAS, Single family homes on 2 acre lots are permitted uses in the RR-1B District, while golf courses are allowed as conditional uses; and Pa��e 2 of 3 � ��0 C ITY OF �RONO �ESOLUTION OF THE CITY COUNCIL � � �� G N O. � ti �"�kFs H o��' WHEREAS, the CMP envisions that development, where it occurs in the rural (non-MUSA) area, such as the subject property, will reflect the rural densities predominant in the neighborhood; and WHEREAS, the proposed development of the subject property under the Rural Residential land use would be consistent with the surrounding patterns of land use; and WHEREAS, the City has regulations in place that provide contemporary management of the impacts of development on stormwater, septic systems, water supply systems, roadway design and maintenance, environmental conditions, including wetlands, trees, and other natural resources, all of which have been developed to further the City's CMP vision of environmental protection and rural development patterns; and WHEREAS, the application of the Rural Residential land use category to this site appears to be the most viable, appropriate, and realistic alternative, and is most consistent with surrounding land uses; and WHEREAS, the proposed use will not overburden the City's public service capability; and WHEREAS, the reguiding of the subject property from Parks Recreational and Open Space to Rural Residential is consistent with and will promote the public health, safety, and welfare of the community; and WHEREAS, the reguiding of the subject property from Parks Recreational and Open Space to Rural Residential will not have a substantial impact or contain a substantial departure from Metropolitan System Plans; and WHEREAS, the Orono Planning Commission pursuant to published and written notice held a public hearing on October 21, 2013 and on a vote of 6-1 recommended that the subject property, commonly known as Lakeview Golf Course at 405 North Arm Drive be re- guided from its previous land use category of Parks, Recreational, and Open Space to a new category of Rural Residential; and WHEREAS, the Orono City Council approved the amendment unanimously on 3anuary 13, 2014, subject to review by the Metropolitan Council; and WHEREAS, the amendment was distributed to affected jurisdictions and parties per Minnesota Rules; and Pa�e Z o.3 �°�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� `� G NO. � � 6 � ��kESH�� WHEREAS, the Metropolitan Council Community Development Committee (CDC) met to consider the amendment on November 3, 2014, unanimously recommending said amendment for enactment; and WHEREAS, the full Metropolitan Council unanimously adopted the CDC recommendation on November 12, 2014, allowing the amendment to take effect. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council, in light of the above noted facts, as well as the applicant's materials, staff reports, citizen comments and submittals, and all other facts and information supplied and considered as a part of the record of this proceeding, approves and enacts an amendment of the 2008-2030 Community Management Plan to change the land use designation for the property known as the Lakeview Golf Course at 405 North Arm Drive from Parks Recreational and Open Space to Rural Residential. Adopted by the City Council of Orono, Minnesota this 24�`day of November, 2014. ATTEST: �' d�`� Lili Tod McMillan, Mayor . ' iane Tiegs, Cit�Clerk PaQe 3 of 3