HomeMy WebLinkAboutResolution 6146 � O�
O , O CITY of ORONO
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A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 78-330, 78-1279, 78-1286 AND 78-1288
AND A CONDITIONAL USE PERMIT
PER SECTION 78-1286
FILE NO. 12-3551
WHEREAS, Yuehchuan Kung (a single person) (hereinafter "the Applicant") is
the owner of the property located at 1505 Long Lake Boulevard within the City of Orono
(hereinafter the `'City") and legally described as: Lot 23, ALBEE'S LONG LAKE
ADDITION, Hennepin County, Minnesota(hereinafter the "Property"); and
WHEREAS, the Applicant has made an application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-330 to allow construction of a new
residence to replace the existing residence on a lot of 0.27 acre in area and 99 feet in width where
2.0 acres and 200 feet in width are normally required;
WHEREAS, the Applicant has also made an application to the City of Orono for
variances to Section 78-330 to allow construction of said residence to be located 10.0 feet from
the west side lot line and 10.4 feet from the east lot line where 30 foot setbacks are normally
required; and to be located 23.5 feet from the street lot line where a 50 foot setback is normally
required;
WHEREAS, the Applicant has additionally made an application to the City of
Orono for variances to Section 78-1288 to allow 14.2% hardcover within the 0-75' zone where
no hardcover is normally allowed and 15.1% currently exists, and to allow 35.3% hardcover in
the 75-250' zone where only 25%hardcover is normally allowed and 15.7% currently exists;
WHEREAS, the Applicant has also made an application to the City of Orono for
variances to Section 78-1279 to allow construction of a new residence located 49.3 feet from the
OHWL of Long Lake where a setback of 100 feet is normally required; and to allow a 30-foot
encroachment past the defined Average Lakeshore Setback line where no encroachment is
normally allowed; and to allow construction including structure and placement of fill within the
Bluff Impact Zone where no structure or fill is normally allowed;
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WHEREAS, the Applicant has additionally made application to the City of
Orono for a conditional use permit and variance pursuant to Section 78-1286 to allow grading,
filling and excavating within 75' of the OHWL in excess of 10 cubic yards; 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
public hearings on April 16, 2012 and May 21, 2012 at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 12-3551.
2. The Property is located in the LR-lA One Family 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 public hearings held on
April 16, 2012 and May 21, 2012 and recommended conditional approval of the
variances and the conditional use permit based on the following findings:
a. The Property contains 11,951 square feet (0.27 acre) in area and has 99 feet in
width at the OHWL and at the 100-foot lake setback line, with a functional
width perpendicular to the side lot lines of 60 feet.
b. The Property contains an existing residence structure in poor repair as well as
a detached garage with a failing foundation. The lot was platted in 1926 and
the existing house is presumed to date from that time period. The properties
on either side are developed with single family homes, so no additional land is
available. The Applicant has the right to rebuild `in kind', but wishes to do a
total rebuild in a different shape, size and location, hence the need for lot area
and width variances.
c. The existing home is 37' from the street lot line, with its main floor
approximately 14 feet lower than street level. The existing one-stall detached
garage encroaches into the platted right-of-way by 1.6 feet. The proposed
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home will have an attached 2-stall garage located approximately 2 feet below
street level. The new home and garage will have a setback of 23.5 feet from
the street lot line, not unlike other homes along Long Lake Boulevard due to
the steep topography from the street to the lake. While the street setback could
be increased by placing more of the garage into the house footprint, the
proposed layout creates off-street parking not available to the existing home,
and off-street parking is a necessity on Long Lake Boulevard.
d. The existing home is only 2 feet from the west side lot line and 17 feet from
the east lot line. The proposed home will be centered on the lot, with 10'
setbacks on either side. Because the neighboring home to the east sits about
50 feet from the shared lot line, and because drainage from that property
generally heads toward the Applicant's site, the impacts of the decreased east
side setback are relatively minimal. The 10-foot proposed side setbacks are
consistent with those approved for other similarly sized lots in the LR-lA
zoning district.
e. Approximately 2/3 of the Property is within the 0-75' hardcover zone.
Existing 0-75' hardcover is 15.1% of which a majority is existing house and
the remainder is concrete sidewalks. The proposed plan reduces the 0-75'
hardcover to approximately 14.2% (1,088 s.f.) by replacing the existing
concrete sidewalks with a slightly smaller stairway. The proposed level of
hardcover is driven by the small size of the lot and the inability to place more
of the house nearer the street.
f. In the 75-250' zone, hardcover will increase from 15.7%to 35.3% (1,519 s.f.).
The increase is a function of a number of factars inherent in the proposed
design: 1) Increased house footprint; 2) attachment of a 2-stall garage; 3)
addition of driveway to serve the attached garage; and 4) providing an
acceptable setback from the street to the house.
g. Total proposed hardcover is 2,607 s.f. or 21.8% of the entire Property. Of
this amount, 1794 s.f. (exactly 15% of lot area) is in structure and 813 s.f. is in
driveway, steps and sidewalk. Minimizing the hardcover while resulting in a
functional site for a residence would require reduction of the house footprint
as the non-structural hardcover items proposed are necessary to provide
adequate access to the residence and to the lakeshore as well as provide
adequate off-street parking.
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h. Applicant proposes to install a series of raingardens southeast of the residence
to help mitigate the excess hardcover. Westerly portions of the roof will be
provided with gutters and downspouts to direct runoff to the raingardens. A
vegetated swale paralleling the lakeshore is also proposed which will filter
runoff from the site as well as runoff discharge from the City storm sewer
along the eastern boundary of the site.
i. The existing average lakeshore setback line runs through the streetward half
of the existing house, and will run through the midpoint of the proposed
house. Views of the lake enjoyed by the neighboring home to the west will be
slightly increased. Views of the lake enjoyed by the home to the east will be
slightly decreased (from side windows only). There is very minimal impact
from the average setback encroachment.
j. Slope percentage decreases from west to east across the Property. The
neighboring property to the west has slopes in excess of 30% and meets the
definition of bluff, but only the northwesterly portion of Applicant"s Property
is a bluff, with the 970' contour line defining the top of bluff. While the
existing house is partly within the defined bluff, a majority of the proposed
structure is not within the defined bluff, but the attached garage will be within
the bluff impact zone. The proposed grading and drainage plan including
swales, roof rain gutters, rain gardens and other features will minimize impact
to adjacent properties and will enhance slope stability.
k. Because the proposed site grading plan will involve more than 10 cubic yards
of earth movement, a conditional use permit and variance are required per
Section 78-1286. The grading plan involves excavating for the new house
foundation; excavating lakeward of the house to create a walkout situation;
grading swales alongside of the house and garage; and filling streetward of the
house to establish a grade for the driveway. Additional grading will be
required to create the proposed raingardens. Erosion control during
construction will also be critical as the Property naturally drains toward the
property to the west. The proposed grading plan directs a majority of the
driveway drainage to the east side of the house.
1. Two of the three large oak trees in the 0-75' zone are proposed to be removed,
including the 22" oak alongside the existing house (on the neighboring
property) and the 34" oak just south of the existing house. The Applicant's
landscaping consultant has recommended these be removed as a pre-emptive
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measure, based on proximity to the proposed house and the activity associated
with the new construction. The oak on the adjacent property is likely to
conflict with the upper story of the proposed house due to overhanging
branches. The larger oak south of the house would be at high risk of injury
due to the proximity of construction activity and its removal after the new
home is built would be difficult. While removal of the oaks is in conflict with
the City"s goals for protection of vegetation in the Shoreland, construction of
a new residence as proposed requires their removal. Applicant proposes to
plant five replacement trees (four on the Applicant's Property, one on adjacent
property) as a replacement for the two oaks.
m. The lot was legally created and the existing house built prior to the adoption
of the current zoning standards. State law allows replacement of the existing
house in kind. The property owner is proposing to construct a new residence
requiring a number of variances and approvals but which will not alter the
essential character of the locality. Economic considerations are not a factor in
this variance request.
n. The topographic conditions and existing lot size are factors unique to this
Property, not common for lakeshore lots in the LR-lA district. Granting of the
variances will allow the Applicant to construct a new residence to replace the
existing residence. The proposed house will not impair health, safety,
comfort, morals, or in any way be contrary to the intent of the zoning code.
Granting the requested variances is not merely a convenience to the Applicant
but will allow Applicant to use the Property in a reasonable manner.
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 and
conditional use permit 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 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 are necessary to alleviate a practical difficulty;
are 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.
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council
hereby grants variances to Orono Municipal Zoning Code Section 78-330 to allow construction
of a new residence to replace the existing residence on a lot of 0.27 acre in area and 99 feet in
width where 2.0 acres and 200 feet in width are normally required; and grants variances to
Section 78-330 to allow construction of said residence to be located 10.0 feet from the west side
lot line and 10.4 feet from the east lot line where 30 foot setbacks are normally required; and to
be located 23.5 feet from the street lot line where a 50 foot setback is normally required; and
grants variances to Section 78-1288 to allow 14.2% hardcover within the 0-75' zone where no
hardcover is normally allowed and 15.1% currently exists, and to allow 35.3% hardcover in the
75-250' zone where only 25% hardcover is normally allowed and 15.7% currently exists; and
grants variances to Section 78-1279 to allow construction of a new residence located 49.3 feet
from the OHWL of Long Lake where a setback of 100 feet is normally required; and to allow a
30-foot encroachment past the defined Average Lakeshore Setback line where no encroachment
is normally allowed; and to allow construction including structure and placement of fill within
the Bluff Impact Zone where no structure or fill is normally allowed; and grants a conditional use
permit and variance pursuant to Section 78-1286 to allow grading, filling and excavating within
75' of the OHWL in excess of 10 cubic yards; subject to the following conditions:
1. Council approval is based on the survey, construction plans, grading and drainage plans
and landscape plan submitted by the Applicant and annotated by City staff, attached to
this Resolution as Exhibit A. Any amendments to the plans which are not in conformity
with City codes will require further Planning Commission and City Council review.
2. Hardcover shall not increase above the approved levels as follows: 1,088 s.f. (14.2%)
hardcover within the 0-75' zone; and 1,519 square feet (35.3%) hardcover within the 75'
to 250' zone. The 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. Rain garden plans and final grading and drainage plans shall be submitted by the
Applicant and approved by the City prior to issuance of a building permit for the new
residence. Applicant shall install and maintain the approved raingardens and drainage
systems including raingutters and downspouts to direct roof runoff to the rain gardens.
Final grading and drainage plans shall address any City Engineer concerns regarding
slope stability. Construction on the site shall adhere to the City's erosion control
regulations as well as the permitting requirements of the Minnehaha Creek Watershed
District. Timely re-vegetation and stabilization of the site shall be required.
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4. Four replacement trees shall be planted on the Property with a minimum combined
diameter of 10 inches, and one replacement tree shall be planted on the adjacent property
to the west with a minimum diameter of 2 inches as mitigation for removal of the two
large oak trees, such replacement trees to be approved by the City as to species, size and
location. The Applicant shall take all necessary measures to ensure the survivability of
all other mature trees within the 0-75' protected area.
5. No encroachments of the east side 10' drainage and utility easement by overhangs,
cantilevers, or other structure will be allowed.
6. Any retaining walls 4 feet in height or greater will require submittal of plans designed by
a structural engineer.
7. Applicant is advised of street parking limitations during the construction process.
8. Approval is subject to all recommendations of the City Consulting Engineer in his letter
dated May 17, 2012.
9. 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 and commencing construction of said project. A framing inspection for the
new residence must be completed within one year of the date of Council approval, or the
variance will expire on that date (June 11, 2013).
10. 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.
The undersigned Applicant has read, understands and hereby agrees to the terms of this
resolution and on behalf of the Applicant's 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 11 th day of June, 2012.
ATTEST:
.-�a. ,�_-ee. �• o `� ,
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
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Pr y Owner/Ap t
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 3v day of N4��'�1T2012,by the
Property owner, Yuehchuan Kung, a single person.
l�'X�t.�a,�
Notary Public
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`� - �� BAr BP,RA G. SILUS
i NOTARY PUBLIC-t�INNESOTA
� My Commission Expires Jan.31,2013
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CE�TIFICATE 0� SURVEY AREA CALCULATIONS(total lot)
TOTAL LOT(obove OHY� = t11.951 sq. fL '
` FOR: TJB HOMES, INC. 9aza`�-' Propoaed House - t1,B92 Sq, Ft
Propoaed D�iveway— t535 Sq. Ft
ADDRESS: 1505 LONG LAKE VD,ORONO,MN � � Propoaed stoop - t14 sq. Ft
. 9e ��j Propoaed Deck � t88 Sq. Ft
gap� 981.5 "Gl ProPosed Sfdewalk � t123 Sq. Fi
�� � Impervioue = t20.57L 6 x � 6
eao a �s
° � '9,� AREA CALCULATIONS(0-75') _
i°� ''•• \ � 0-75' AREA � t7.B44 aq. ft.
� � Praposed House = t845 Sq. Ft
9n 3 y ' ' � Proposed Dedc � t88 Sq. Ft
�s �"�eBo, OG Proposed Steps � tt55 Sq. Ft,
972 8
�ry�Y � �� Impervtous = t14.27G
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"' s ° ,y.��e� � AREA CALCULATIONS(75-250')
`0� e�e.i 95H1{9789 .fl 2� ' R\ `Q 75-250' AREA = t4.306 sq. ft
�asnr�c Nause � ss+u c� v� _-cor�smucnori Propoaad House = f847 Sq. Ft
� � �' 9� S��� Er+rnu�cc � Proposed Driveway� t535 Sq. Ft
�9 o�L 979� Propoaed Stoop = t14 Sq. Ft
�� ���y � �roposed Sfdewdk = t123 Sq. Ft
9
�A 9�s 3 .� �8 pervioua = f35.2R
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NOTES �� '�' � `�s �� � FlRST FLOOR = 970.5
�� � \ ��. � `� x9535 LOWEST FLOOR � 960.0
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— BOUND1IRY INFORUATON TAII�NN FROG SURVET � '" ```�� I 10
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