HomeMy WebLinkAbout1994-05-23 Resolution #3430CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B),
SECTION 10.03, SUBDIVISION 14 (C),
SECTION 10.22, SUBDIVISION 2,
SECTION 10.55, SUBDIVISION 8, AND
SECTION 10.56, SUBDIVISION 16, AND
GRANTING A CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBDIVISION 19
FILE NO. 1919
WHEREAS, Tyrone and Mila Bucey (hereinafter the "applicants") are owners
of the property located at 2677 Casco Point Road within the City of Orono (hereinafter "City")
and legally described as follows:
Lot 135, Spring Park, Hennepin County, Minnesota (hereinafter the "property");
and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to construct a new residence on a lot of 12,894
s.f. in area where lot area of 21,780 s.f. or 0.50 acre is normally required, and of lot width 60’
where a lo* width of 100’ is normally required, and a further variance to Section 10.25,
Subdivision 6 (B) for attachment of the existing garage to the proposed new residence, such
garage being located 1.95 ’ from the side lot line where a 10’ side setback is normally required,
and 21.8’ from the street lot line where a 30 ’ street setback is normally required, and a variance
to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures of 21.0% where o^y
15% lot coverage is normally allowed, and a variance to Sections 10.22, Subdivision 2, 10.55,
Subdivision 8, and 10.56, Subdivision 16 (L) to allow 41.4% hardcover in the 75-2^’ zone
where only 25% hardcover is normally allowed, and a variance to Sections 10.55, SuMivision
8 and 10.56, Subdivision 16 (J)(2) and a conditional use permit per Section 10.03, Subdivision
19 to allow topographic alterations and excavation within 75 ’ of the ordinary high water level
of Lake Minnetonka and within the bluff impact zone where such activity is not normally
allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ^ 4 0--------
1.
2.
3.
FINDINGS
This application was reviewed as Zoning File #1919.
The property is located within the LR-IC Single Family Lakeshore Residential
Zoning District.
The Orono Plar ring Commission reviewed this application on April 18,1994 and
tabled the request pending proper public hearing legal notice and suggested
specific plan revisions. The Planning Commission further reviewed the revised
proposal at a public hearing on May 16, 1994 at which time all members of the
public wishing to comment were heard. On a vote of 5-1, Planning Commission
recommended approval of the revised plans, based on the following hardships and
justification:
The applicants’ house which existed on this property for many years was
destroyed by fire in December 1993. The existing lot area and width
cannot be increased because no adjacent vacant property is available for
acquisition.
a.
b.
c.
d.
The existing garage on the site located 1.95’ from the MUth side lot line
and 21.8’ from the street lot line was not destroyed in the fire and is
proposed to remain in its current location with attachment to the propo^d
residence rather than remaining detached as it previously existed. The
roof line of said garage is intended to be revised, but footprint of the
garage remain as fs. The side and street variances are justified based on
the existing location of the garage.
Pre-existing hardcover in the 75-250' zone was 47.6%. Hardcover in that
zone is proposed to reduce to 41.4%. Further reductions to *e 25%
hardcover limit ate not feasible if a residence is to be allowed on the
property.
The increase in lot coverage by strucSr«^m-18.4% pre-existing to
21.0% is due mainly to addition of an open deck on the lakeside of the
residence.
Page 2 of 6
CITY of ORONO
ft'.wV
RESOLUTION OF THE CITY COUNCIL
NO 3 4 30__L_
4.
5.
6.
e.Topography of the site is severe, and with construction of a new residence
the opportunity exists to improve drainage by reducing the impact of
drainage on neighboring properties and the potential negative impact on
the bluff existing at the lakeshore. Certain grading and excavation is
necessary within the 0-75’ setback and within the bluff impact zone in
order to improve the drainage.
f.No average setback, bluff setback, or strucmre height variances are
required.
S Applicants have addressed to the satisfaction of the Planning Commission
the concerns raised by the neighboring adjacent property owner to the
south.
Plannins Commission ftmher recommended that
plan and house plans, and the grading and drainage plan
reached between the applicants and the neigh^r <o.the somh ^
referenced in the Cits' approval resolution. Planning Commission further
rt^o^fnded *at ;o'fumfe hardcover variances should be granted for this
,propert>'.
The City Council has considered this application including
recommendations of the Planning Commission. f “^and
by the applicants and the effect of the proposed variance on the health, safety ano
welfare of the community.
Snof-r;
ah n“r“l«^“aSrTor other »
City.
Page 3 of 6
hrnfm
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
no._3_4_S_Q____
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
LcMaraee S" looted 1.95- from d.e side lot line where a 10' side secback >s nonna!^
requi^. and 21.8’ from the street lot line where a 30 ’ street setback is normally “
a variance to Section 10.03. Subdivision 14 (C) to allow lot coverage by stracmres ^21?^
where only 15% lot coverage is normally allowed, and a variance to Sectiom ‘0-22. SuMivision
2T0 55. Lbdivision 8. and 10.56, Subdivision 16 (L) .0 allow 41.4% hardc»«r m ^
zone where only 25% hardcover is normally allowed, and a variance to j°- •
Subdivision 8 and 10.56, Subdivision 16 (J)(2) and a conditional
Subdivision 19 to allow topographic alterations and excavation within 75 of the ordinary hign
wam^r level of Lake Minnetonka and within the bluff impact zone where such activity
normally allowed, subject to the following conditions:
1.Approval is gmiiBi iubject to adherence to the site P'“" ^
resolution as Exhibit A; to the grading and drainage plan attached as f-****''
and to the construction plans attached as Exhibit C. Any deviation fto ”
plan or grading and drainase plan shall require further City review airf approvaL
MV revision to the construction plans which increases the height of the
or which is deemed by the Building & Zoning Department as a substantial
departure from the plan shall require further City revtew and approval.
2.Hardcover on the property is limited to 41.4% in the 75-250’ zone >"<1 7.9% m
the 0-75’ zone as shown on Exhibit A attached. Applicants ^
fumre proposals to increase hardcover may not be looked on favorably by the
City.
3.Applicants ate advised that the existing boatj21!§£,,£n ,
rhfpirtinent code requirements for mainteSto atuntmcmral improvement of
such structures.
Page 4 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 3 fl-------
4.The proposed Und alterations in the bluff impact zone and withm the 0-75
setback rone shall be subject to the sediment and erosion control provisions of
M^rcode Section 10.56. Subdivisions 16 (J)(5) and shall adhere to *e
MPCA^s "Best Management Practices for Protectmg Water Quality in U
Areas".
5.Authorities granted by this resolution run with the property not with the owner
but are permissive oniy and must be exercised by application for a land »**®*;^ ‘
__nnp vpar of the date of Council approval or the special conditions^Sfon: y- :?rd,te of « approval or the special conditions
of this resolution will expire on that date (May 23, 1995).
6.
terminate any authority granted herein, and shall be punishable as a mtsdemeanor.
7.The undersianed applicants have read, understood and hereby agree »the tejms
If STresolmion aSd on behalf of themselves their hejrs su™ "he
hereby agree to the recording of this resolution in the chain of
property.
Adopted by the Orono Cii>- Council on this 23rd day of May. 1994.
AfTEST:
Dorothy MnFtllin,City Clerk
Property Qwner(s)
Page 5 of 6
1
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 4 0
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of May,
1994, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
Cit}'. ’
•1
A; LIS'DA S. VEE
My comfT.tssioo wpirM I
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
refQnihis day of A! ____^__a99/, before me a Notary Public
within and for said County , personally apjieared t yId fOf- nur^y^ r /nf/a. f r i
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
My cornrT.i5f.icn expire! 8-12-96 Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 ___, before me a Notary Public
within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their^^.e^^ and deed.
Notary Public
Page 6 of 6
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