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HomeMy WebLinkAbout1990-07-17 Resolution 2534 Zoning VarianceCITY City of ORONO ORONO RESOLUTION OF THE CITY COUNCIL NO. 2534________ ^ 0^ <1 kbsolotzoh gkahtihg rHB-FACT VMHAMCBS TO \ MDWICIPAL SOnSG COOB SBCTIOB 10.22, SUBOIVISIOW 2 ABD 8BCTI0B 10.55, 80BDIVISI0II 0 AND All AFTBR-THB-PACT COWDITIOWAL 08B PBRMIT PER NDHICIPAL S0BI1I6 CODE SECTION 10.03, SUBDIVISION 19 FILB #1309 WBBRBAS, Gerald Nelson, (hereinafter "the applicant") is the owner of the property located at 1629 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey #565, Hennepin County, Minnesota (hereinafter "property")? and WHEREAS, the applicant has made application to the City of Orono to allow a pond of approximately 165 s.f. constructed without the permit review, located within the la)ceshore protected area, and within the floor plain of Lake Minnetonka where no such alteration is allowed per Section 10.22, Subdivision 2 and Section 10.55, Subdiysion 8, and in addition, seeks a conditional use permit per Section 10.03, Subdivision 19 required for the installation of a pond. Minnesota: NOW, THERSPORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1309. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring a minimum of 1 acre in area per residential unit. 3. The property is approximately .8 acres in area. 4. The Orono Planning Commission reviewed this application on Au^st 15, 1988 and October 17, 1988, and recommended approval of the after- the-fact variances and conditional use permit as set forth above, based on the following findings: Page 1 of 4 ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2534 A) The Improvement as amended by the Planning Commission will provide the least impact on the adjacent lake and within the flood plain of Lake Minnetonka. B) The excavation of the pond has been equalized by the placement of the excavated fill within the flood plain area and has been found to have no negative impact on the flood plain of Lake Minnetonka nor on the adjacent properties. C) The property receives the majority of run-off from the adjacent properties located within the iimnediate watershed. D) The installation of the pond and the drainage path constructed in the south side yard that carries run-off to the pond and eventually to the grassed lakeshore yard meets the original intent of the grading and drainage plans approved at the time of development of this property. 5. The City Council finds that the conditions existing on this pro­ perty 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon­ strable hardship or 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 granting a conditional U3e permit to allow a 165 s.f. retention pond as amended by the City will not be detrimental to the health, safety or general welfare of t.he public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AMD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, and Section 10.55, Subdivision 8 and grants a conditional use permit per Section 10.03, Subdivision 19 to allow the retention pond to remain within 75' of the lakeshore and within the flood plain of Lake Minnetonka where no such excavations are allowed, subject to the following conditions: Page 2 of 4 ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2534_ _ _ _ A) The improvement as amended by the Planning Commission will provide the least Impact on the adjacent lake and within the flood plain of Lake Minnetonka. B) The excavation of the pond has been equalized by the placement of the excavated fill within the flood plain area and has been found to have no negative Impact on the flood plain of Lake Minnetonka nor on the adjacent properties. C) The property receives the majority of run-off from the adjacent properties located within the Immediate watershed. D) The installation of the pond and the drainage path constructed in the south side yard that carries run-off to the pond and eventually to the grassed lakeshore yard meets the original intent of the grading and drainage plans approved at the time of development of this property. 5. The City Council finds that the conditions existing on this pro­ perty 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon­ strable hardship or 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 granting a conditional use permit to allow a 165 s.f. retention pond as amended by the City will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. COBCXOSIONS, ORDER AMD CONDITIOMS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, and Section 10.55, Subdivision 8 and grants a conditional use permit per Section 10.03, Subdivision 19 to allow the retention pond to remain within 75* of the lakeshore and within the flood plain of Lake Minnetonka where no such excavations are allowed, subject to the following conditions: Page 2 of 4 - ..... CITY Qf- ORONO City of OFtONO RESOLUTION OF THE CITY COUNCIL NO. 2534 1988. 1. The plastic liner underlying the entire pond excavation and the crushed roclc/wood chips with underlying fabric are to remain as installed. 2. New plantings within lakeshore yard may remain as long as underlying geotechnic or filter fabric is removed. Wood pulp/chips or crushed rock may remain as long as they are installed on top of existing or natural grade. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant completing the directives set forth above within the lakeshore yard by November 15, 1988 or the special conditions of this resolution will expire on that date. 4. Violation of or non-compliance with any of the terms and condi­ tions 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his 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 this 24th day of October, City of ORONO CITV RESOLUTION OF THE CITY COUNCIL NO. 2534________ ORONO 1. The plastic liner underlying the entire pond excavation and the crushed rock/wood chips with underlying fabric are to remain as installed. 2. Hew plantings within lakeshore yard may remain as long as underlying geotechnic or filter fabric is removed. Wood pulp/chips or crushed rock may remain as long as they are installed on top of existing or natural grade. 3. Authorities granted by this resolution ran with the property not with the applicant, but are permissive only and must be exercised by applicant completing the directives set forth above within the lakeshore yard by November 15, 1988 or the special conditions of this resolution will expire on that date. 4. Violation of or non-compliance with any of the terms and condi­ tions 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1988. ATT Adopted by the Orono City Council on this 24th day of October, ^TB ;T: >Oorothy M^allin, City Clerkt P^perty Owner (-s) Jame^ R. Grabek, Mayor Page 3 of 4 i L Mayor Grabek & Orono Council Members City Administrator Bernhardson Froais Data I Subject: Michael P. Gaffron, Asst Planning i Zoning Administrator August 7, 1990 #1556 Mr. 6 Mrs. Gerald Nelson, 1629 Bohns Point Road - Variance Soning District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for hardcover variance to construct room addition over existing grade-level hardcover area. Lint of Bxhibita Exhibit A Exhibit B Exhibit C Planning Commission Action Notice 7/17/90 Planning Commission Minutes 7/16/90 Meno & Exhibits of 7/9/90 Discussion - Please review the memo and exhibits of July 9, 1990, and the Planning Commission minutes. Briefly, the applicants request a hardcover variance to enclose a 7'xlO* existing hardcovered alcove to create a closet. Although the existing hardcover percentage would not increase, a hardcover review determined that the hardcover existing as of June 1990 exceeds the hardcover approved in a previous resolution by 1,051 s.f. (allowed 25%, existing today is 30.6%). As staff noted in the Planning Commission memo, the City's ability to monitor hardcover increases on a given property is constrained by a number of factors. In this specific application, the excessive driveway and sidewalk areas were apparently constructed before the applicant purchased the property. In discussing the hardcover excesses with the Planning Commission, applicants felt that the existing driveways and side­ walks were just adequate for the property, and while hardcover is excessive numerically the existing improvements are functionally appropriate for the house. They felt that removals of existing sidewalks or driveway would be a problem. The existing 5,776 s.f. of hardcover is 30.6% of the 75-250* zone. This does not include the deck on the west side, which was specifically approved as non-hardcover (see July 9th memo). This also does not include the rock beds which have a fabric underliner which was generally allowed at the time this house was constructed. These rock beds have been estimated by staff at approximately 600 s.f. Zoning File #1556 August 1, 1990 Page 2 of 2 Plamiiiig rr—itssiop RecosMendation - Planning Commission voted 3-2 to recommend denial of this request based on no hardship and the fact that hardcover exceeds the previously imposed limits. The minority opinion was that the addition is minor in the scope of the overall hardcover on the property, and that the sidewalks and driveway as they exist are functionally appropriate for the property. Staff RecoasMuidation - Council would have the following options; 1. Conceptually approve with no hardcover changes, directing staff to draft a resolution for your next meeting. 2. Grant conceptual approval subject to removal of existing hardcover in the 75-250' zone to a level of _ _%, staff to draft a resolution. 3. Conceptual denial per Planning Commission recommendation. If conceptual denial adopted, does Council wish to pursue the existing hardcover excess? 4. Other. Based on Council's action, staff will draft a resolution for your next meeting. Ccnt\% ^ OROHO REGULAR COUIKIL MEETING HELD AUGUST 13, 1990 ZONING FILE #1553-PIB!ICB COHTIMOBD Mayor Grabek asked Mr. Pierce what action he would prefer to have Council take. He stated that Council must vote on what has been presented, but that tabling was also an option. Mr. Pierce indicated that his questions had answered, but that he preferred tabling to denial. all been It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table application #1553. Motion, Ayes-4, Nays-0. Motion passed. #1556 GERALD NELSON 1629 BOHNS POINT ROAD VARIANCE Mr. Nelson was present City Administrator Bernhardson reviewed the information regarding the subject property and Mr. Nelson's application (see Michael Gaffron's memo dated August 7, 1990). Mr. Nelson said, "We purchased the house 24 to 3 years after it was built. The areas of excess hardcover referred to by the Planning Commission was already there. I believe that 775 s.f. was allowed and that is not enough to provide an adequawe driveway. The existing driveway is 1400 s.f. and the walkway to the side door and steps in front of the house bring the total excess to 1800 s.f. I am now asking for a rear entry closet. The alcove and concrete slab for the closet already exists. are just asking for permission to put up an additional wall and a section of roof. It is my understanding that we exceed what is allowed in the 75-250' zone by 5%. However, in the 250-500' zone we have nothing. It seems to me that our request is fairly insignificant. I'm not asking to increase the existing hardcover." Mayor Grabek asked staff whether the alcove had been included on the original building plans. Gaffron stated that the alcove was not included on the original building plan. He showed Council a sketch of the original plan and depicted the areas where hardcover was originally proposed and allowed. Councilmember Goetten stated that she is sympathetic to Mr. Nelson because the hardcover situation that exists was not his doing. She said, "However, I have taken a consistent position on the issue of structure over hardcover. There does not appear to be a real hardship in this case." Mr. Nelson replied, "The hardship is that there is no other location for the closet because the house extends as far toward - 9 - J • ORONO REGULAR COUBCIL MBBTING HELD AUGUST 13» 1990 SOMIHG PILE fl556-MBLSON COMTINUED the side yard as allowed.** Goetten stated that it is sometimes necessary to stay within the confines of the structure when large houses are constructed on limited lots. It was moved by Mayor Grabek to approve the hardcover variance to allow the construction of a rear entry closet. The motion failed due to a lack of a second. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to conceptually deny application #1556 and direct staff to prepare a denial resolution for the August 27, 1990 Council Meeting. Mayor Grabek believed that denying the enclosure of an existing area, 7* x 10', is extreme. Motion, Ayes-3, Grabek, Nay. Motion passed. 1557 HIKE CULLEN 2700 PHEASANT ROAD VARIANCE RESOLUTION 12849 Mrs. Cullen was present. Bernhardson provided a summary of the information in Michael Gaffron's memo dated August 8. 1990. Gaffron asked Mrs. Cullen whether it is their intention to have a fence around the pool. Mrs. Cullen replied property. ** 'There v/ill be no fence anywhere on the It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution 12849.- approving the hardcover and average setback variances to construct a pool and patio at 2700 Pheasant Road. Motion, Ayes-4, Nays-0. Motion passed. 11563 MAURENE 1 JERRY DENZEL 1295 BLMHOOD AVENUE VARIANCE RESOLUTION #2850 Mr. and Mrs. Denzel were present. Bernhardson and Mabusth explained the Denzel's application. Mabusth noted that the Denzels have discussed the driveway use of the unimproved right-of-way of Summit Avenue for access with the Public VJorks Director. She said, "The Public V/orks Director sees no problem with this arrangement provided certain agreements are executed between the parties." - 10 - 1 APPLICIiTIOII NO. 1556 T CTTT CT OSOHO P.O. Box 66 HOnCB OP COUNCIL ACTION . Crystal Bay, MN 55323 “-473-7357 . Date of Notice: 8/14/90 - - - - --- - - - - - --- - - - - - - - - - - - -- - - - - -—-- - - -—- - -- - - - - - - -- - - - - - -- - -- - --1- - - - -- - - - - - - - Gerald Nelson . _ _ _ _ _ _ , COPIBSs V- . 1629 Bohn's Point Road f -Waysata, MM 55391 TIFB OP APPLZCATIOHt Variance DATS OP NBBTINGs August 13, 1990 VOTB: 3 For 1 Against COUNCIL ACTION - NOTION: Conceptual denial of requested variance. Staff to draft a resolution of denial to be presented at the Monday, August 27, 1990 meeting. (Meeting starts at 7:00 p.m.). If applicant has any questions, please contact staff at 473-7357. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Isv L _ ClTf or OMNK> r. O. Box ii Crystal Bay, I 473-7357 10B1M6 PILB 11556 55323 ■ones OP PIABBIBG COMIUSSIOB ACTIOB Date of Notice* 07/17/90 Gerald Nelson 1629 Bohn's Point Road Waysata, MN 55391 COPIB8 TOs TTPB OP BPPUCBTIOBt Variance DBTB OP MBBTIBGi July 16, 1990 VOTBs 3 For 2 Against PlaPBiag Coaadasion rernaannds the following t Denial for reasons noted below BORS ABD SPECIAL COBDITlOBSs Motion to recommend denial was based on current existing hardcover exceeding the limits allowed in Resolution #1776. The minority opinion was that the exisitng hardcover was appropriate, and that the originally approved amounts might not have been realistic for this magnitude of house and garage. Applicant may wish to consider whether there are any areas of hardcover that may be removed to compensate for the addition. Applicant's next scheduled meeting is confirmed as City Council on Monday, August 13, 1990; meeting starts at 7*00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. «fMi« III r- ■ • ■! IIIWT ~ I ■ I r-*