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Home My WebLink AboutResolution 5499• 040�0 14� CITY of ORONO RESOLUTION OF THE CITY COUNCIL • A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 06-3180 WHEREAS, William J. Ulrich and Mary A. Ulrich, husband and wife (hereinafter "the applicants") are the owners of the property located at 2280 French Creek Circle within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Block 1, French Creek, Hennepin County, Minnesota (hereinafter the "property"); and • WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(6) to allow constriction of an addition to the existing residence, such addition being located less than the required 150' from the . OHWL of French Lake and lakeward of the defined average lakeshore setback line where no encroachment of structure is normally allowed. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #06-3180. 2. The property is located in the RR -1B Rural Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200'. The lot contains 1.56 acres and has a defined width of 119' but is considered an existing conforming lot of record approved through the Planned Residential Development process. 3. The Planning Commission reviewed this application at a public hearing held on July 17, 2006 and on a 3-2 vote recommended denial of the lakeshore setback variance • and approval of the average setback variance. Page 1 of 7 17J • 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4. The City Council reviewed this application at a regular meeting held on August 14, 2006 and on a vote of 3-0 directed City staff to draft a resolution for approval of the lakeshore setback and average lakeshore setback variances. 5. The City Council makes the following findings in support of the requested variances: a) The plat of French Creek was approved in 1985 as a Planned Residential Development (PRD) which allowed the lots to be smaller than 2.0 acres, with setback requirements of 35' front and rear, 25' sides. The existing home on applicants' property was constructed in 1988,.at a time when French Lake was considered for code administrative purposes as merely a wetland, requiring only a 26' wetland setback for structures. The existing home was constructed to be significantly more than 26' from the apparent wetland boundary at that time and meeting all other City requirements. b) In 1991 the Minnesota Wetland Conservation Act came into effect, establishing delineation methods and development regulations with regards to wetlands. In 1992 Orono adopted its Shoreland Ordinance pursuant to requirements of the MnDNR, which henceforth defined French Lake as a Natural Environment ("NE") Lake, requiring a 150' setback for strictures from the OHWL. The OHWL was designated as elevation 930.0' after a study of the French Lake basin by DNR officials. C) The City Council in 1992 fully recognized that a number of existing homes would become non -conforming as a result of the designation of French Lake as "NE". The Council has since then granted a number of variances for additions to existing nonconforming residences around French Lake, the outcome dependent on the merits of each individual application. d) The existing residence is a 2 -level walkout, approximately 35'x 80' with a 3 - stall attached garage. The proposed 3 -level, 32' x 44' addition to the west end of the existing residence extends the length of the house as viewed from the north and south. The length of the house will expand from about 90' to about 135'. Visually, it will expand the width and mass of the home as viewed from across French Lake. Virtually the entire addition will be less than 150' from the OHWL. Page 2 of 7 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL e) From a visual perspective, Council concludes that approval of the requested setback variance will have little impact in the neighborhood, and little visual impact as viewed from across French Lake. At 135' in length, the proposed house will not be inconsistent in its bulk or massing with many other existing large homes that surround French Lake at setbacks of less than 150'. Because the lot is wooded, the visual impact of the addition from across the lake will also be softened. The opportunity does exist, however, to provide some additional screening vegetation between the lake and the addition. f) With regards to the average lakeshore setback, because the lot is wooded and due to the relative separation and angles of adjacent homes, neither of the two abutting lakeshore residence lake views will be impacted by the addition. g) The applicants have confirmed the site has septic system capability to serve. the proposed addition. h) The City Engineer has made certain recommendations with regards to site drainage that should be adhered to. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner, the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 7. 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 applicants and owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner and applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 49 9 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 Sections 78-1279(1) and 78-1279(6) to allow construction of an addition to the existing residence, such addition being located less than the required 150' from the OHWL of French Lake and lakeward of the defined average lakeshore setback line where no encroachment of structure is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants 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. Prior to issuance of a building permit, applicants shall submit a landscaping plan for City staff review and approval, the intent of such plan to provide additional screening between the lakeshore and the addition. 3. Applicants shall complete the required septic system modifications (new pumping chamber and expansion of rock bed) prior to occupancy of the addition. 4. Applicants shall comply with the recommendations of the City Engineer in his letter dated July 19, 2006. 5. Authorities granted by this resolution run with the property not with the applicants or owners, 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 (August 28, 2007). 6. 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. Page 4 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 49 9 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of August, 2006. ATTEST: A - aL--- • Lin a S. Vee, City Clerk Applicant 1] Barbara •Mayor A -, Applicant / Page 5 of 7 • • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 49 The foregoing instrument was acknowledged before me on this oeday of N2-'� , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corpdation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN JACQUELYN M. YOUNG Notary Puhlic-Minnesota My Commi• lon Expires Jan 31. 2010 f The foregoing instrument was acknowledged before me on this day of m� 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. L 4� A�• • • Public MY comml�sidhwifa�M.W,am .r.�' Page 6 of 7 • C STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 49 9 This instrument was acknowledged before me this -3'T'day of O 6EL, 2006, by William J. Ulrich, husband of Mary A. Ulrich. y CONNIE A JENSEN NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this -i-T"day of TOB '2006, by Mary A. Ulrich, wife of William J. 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