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HomeMy WebLinkAboutResolution 6313 � '� -t � O� , O � O CITY of ORONO a � _ D+ RESOLUTION OF THE CITY COUNCIL �'� ���' No. 6 3 1 3 ��kESHog'� A RESOLUTION DENYING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330(b) AND 78-1279(6), AND DENYING A CONDITONAL USE PERMIT PURSUANT TO SECTIONS 78-966 AND 78-1286 FOR THE PROPERTY AT 1565 ORCHARD BEACH PLACE FILE#13-3614 WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,pursuant to State Statutes 412 et. seq. and 462 et. seq.,the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Fred Johnson(hereinafter "the applicant")has an interest in the property owned by Herbert and Patricia Pfeffer,husband and wife (hereinafter"the owners") located at 4725 North Shore Drive within the City of Orono (hereinafter"the City") and legally described as follows: Atta.ched hereto as Ezhibit A (hereinafter "the Properly"); and WHEREAS, the applicant has applied to the City of Orono for variances to permit the construction of a single family residence on the Property, requesting the following variances to Orono Zoning Code Sections 78-330(b) and 78-1279(6): 1) Lot area variance to allow construction on a lot of azea 9,641 s.f. where 43,560 s.f. is required; 2) Lot width variance to allow construction on a lot of 83' defined width where 140' is required; 3)Rear setback variance to allow rear(north)setback of 12.9' where 30' is required; and 4) Side street setback variance to allow east side street setback of 25.4' where 35' is required; and 5) Average lakeshore setback variance to allow construction of a single family residence lakewazd of the average lakeshore setback line where no such construction is normally allowed; and Page 1 of 3 r -` _� � O� O O CITY of ORONO � 4 ;�, A► RESOLUTION OF THE CITY COUNCIL � �,��' N o. 6 3 1 3 ��kEsH�4'� WHEREAS, the applicant has concurrently applied for a conditional use permit pursuant to Orono Zoning Code Sections 78-966(a)(3) and 78-1286 to allow grading and filling of more than 10 cubic yards within the Shoreland Overlay District and to change the grade of lakeshore property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on July 15, 2013, at which times all persons desiring to be heazd concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission subsequently voted 6-0 on a motion to recommend denial of the requested variances and CUP; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and Planning Commission; and the comments and written statements submitted by the applicant and received from members of the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances and conditional use permit as described above based on one or more of the following findings of fact concerning this property: 1. The deta.iled code and statutory analysis contained within that certain memo to the Planning Commission from Michael P. Gaffron dated July 11, 2013 is hereby incorporated by reference. 2. The Property consists of 0.22 acre, or 9,641 square feet in area in the LR-1B zoning district where the minimum lot size requirement is 1.0 acre or 43,560 s.f. 3. In past actions the City has generally denied lot area variances for vacant lots of area less than 10,000 s.f. 4. The Property has historically been assessed at a valuation significantly below that of a buildable lakeshore site. 5. The original plat designation as `Commons' strongly suggests that this site was originally platted as a neighborhood amenity rather than as an individual building site. 6. Factors that demonstrate the inconsistency of the applicant's proposal with the character of the surrounding neighborhood include: - The property at 0.22 acres is one-fifth the average size of developed residential lots within the immediate neighborhood. Page 2 of 3 r -� y � O� , O � O CITY of ORONO - . � r� " � RESOLUTION OF THE CITY COUNCIL �� , G'�� NO. 4 � � � ��kESH�g'� - T'he proposed lakeshore setback at 75 feet is significantly less than the setback of developed lakeshore lots within the immediate neighborhood, which range from 85 � feet to 165 feet and average 112 feet. - The proposed street setback of 25.4 feet where a 35-foot setback is required places the structure closer to the street than any other home on Orchard Beach Place. - Removal of nearly all vegetation in a swath approximately 65 feet x 80 feet potentially will alter the visual character of the neighborhood. 7. Grading of the site to accommodate the proposed house and redirect the natural runoff pattern will result in significant impacts to existing protected trees in the 0-75' lakeshore setback zone where trees are protected per the provisions of Section 78-1285. 8. Development on this small lot will be in conflict with many of the goals and policies contained within the 2000-2030 Orono Community Management Plan. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and members of the public and the effect of tne proposed variances and conditional use permit on the health, safety and welfare of the community. Adopted by the City Council of the City of Orono on this 26th day of August, 2013. ATTEST: _ (. �C-e� �Fi�- c�.�i.. � t��Y�.�� Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 3 of 3 ��-- EXHIBIT A ,�, 3 1 3 RESOLUTION NO. LEGAL DESCRIPTION The following land in Hennepin County, Minnesota known as PINS 07-117-23 43 0026 and legally described as: Commencing at the Southeast corner of Block 18, thence North 100 feet; thence Northwesterly to the Northeast corner of Lot 19;thence South 100 feet to the Lake Shore; thence East to the point of beginning. All within SAGA HILL REVISED, Hennepin County, Minnesota.