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Home My WebLink AboutResolution 6152 � o� O �, O CITY of ORONO � �� - �� RESOLUTION OF THE CITY COUNCIL � '" .:A�,.� �► �� No. 6152 '��E � O��G sH 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. 12-3555 WHEREAS, the Katherine M. Fox Trust, Bill C. Fox, Trustee (hereinafter "the applicant"), represe�ted 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 Page 1 of 6 � o� O �� ^ O CITY of ORONO �a�_. � �n' �-�2=��. � RESOLUTION OF THE CITY COUNCIL �� ,� No. 6 1 5 2 �kESH�g' 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 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 be again approved. NOW,THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3555. 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 June 18, 2012 and on a vote of 6 — 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 �,� O CITY of ORONO ;a�. �1 `� �- ��, � RESOLUTION OF THE CITY COUNCIL '�`�, ^, :a`�' Gti�' 6 1 5 2 NO. ��kESH�g'� vi. The applicant has proposed vegeta.tive buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/O 1/09. 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. 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 comrnunity. 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 difficulty; 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. CONCLUSIONS, 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 a.head 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 � o� O �_, O CITY of ORONO �a�__ � � � -4� � RESOLUTION OF THE CITY COUNCIL � ti b1 � 2 �� y, ".:�`, G,ti, NO. `�kESH�g'� 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, stormwater 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. Page 4 of 6 � o� O �!= O CITY of ORONO � a�== � � ��',-_' � RESOLUTION OF THE CITY COUNCIL �� .;�` � G,�,�' NO. � � � 2 �`�k'EsHog'� 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 shall 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 hazdcover 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 will expire on that date (July 9, 2013). 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 9th day of July, 2012. ATTEST: �� Linda S. Vee, City Clerk Lili Tod McMillan, Mayor � � Property Owner(s) Page 5 of 6 � O� O �� O CITY of ORONO >�,;�� °r�,%��. � RESOLUTION OF THE CITY COUNCIL � � G'�' NO. � 1 �i Z ��kESHOg'� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this � day of �f, 2012 by Bill C. Fox, Trustee of the Katherine M. Fox Trust. f�. ` '•��''�� MONICAA.FADNESS � � �. _,_ �`. 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