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Home My WebLink AboutResolution 5315� o; � � �2�� . . • � � � C ITY of ORONO � �,� RESOLUTION OF THE CITY COUNCIL . ��kESI;O�r ---- —' NO. � �� . _ A RESOLUTION GRANTING VARIANCES TO MU1vICIPAL ZONING CODE SECTION 78-1279 FILE NO. 05-3086 WHEREAS, Philip W. Ordway and Cassandra S. Ordway, husband and wife (hereinafter"the applicants")are owners of the properiy located at 1145 Sixth Avenue North within • the City of Orono (hereinafter "the City") and legally described as follows: All that part of Lot 1,Auditor's Subdivision No.291,Hennepin County,Minn.lying East of a straight line drawn parallel with and 1055 feet East of,measured at right angles,to the East line of the West%Z of the Southwest Quarter of Section 26,Township 118,Range 23, and the same extended,and South of a straight line drawn parallel with and 366 feet North of,measured at right angles to, the South line of Section 26, Township 118,Range 23. • (hereinafter "the property") (also identified as PINS 26-118-23 34 0006); and WHEREAS, the applicants have submitted an application requesting variances to Municipal Zoning Code Section 78-1279 to permit the construction of a single family residence, a portion of which is proposed to be located less than the required 30'setback from the defined top of bluff; located partially within the defined bluff impact zone where no structure is normally allowed; and located lakeward of the defined average lakeshore setback line where no encroachment is normally allowed. WHEREAS, after due published notice and mailed notice in accordance with . Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 22, 2005 and April 18, 2005, at which times all persons desiring to be heard concerning this application were given the opporlunity to spealc thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#OS-3086. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requirulg • a minimum lot area of 2.0 acres and a minimum lot width of 200' for residential development. The property is approximately 3.65 acres in dry buildable area and approximately 600 feet in defined width. Page 1 of 6 , ' ,1 . O�7 • O O � 1 CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKO4`�'G No. 5 3 1 5 . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 05-3086 WHEREAS,Philip W.Ordway and Cassandra S.Ordway,husband and wife(hereinafter "the applicants")are owners of the properiy located at 1145 Sixth Avenue North within the City of Orono (hereinafter "the City") and legally described as follows: That part of Lot l,Auditor's Subdivision No.291,Hennepin County,Minnesota,lying East � of a line parallel with and 1055 feet East from the East line ofthe West half ofthe Southwest quarter of Section 26,Township 118,Range 23 and its extensions Southerly and South of a line parallel with and 366 feet North from the South line of said Section 26. (hereinafter "the properiy") (also identified as PINS 26-118-23 34 0006); and • WHEREAS,the applicants have submitted an application requesting variances to Municipal Zoning Code Section 78-1279 to permit the construction of a single familyresidence,aportion ofwhich is proposed to be located less than the required 30'setback from the defined top ofbluff;located partially within the defined bluff impact zone where no structure is normally allowed;and located lakeward of the defined average lakeshore setback line where no encroachment is normally allowed. WHEREAS,after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes,the Orono Planning Commission held a public ' hearing on February 22, 2005 and April 18, 2005, 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#OS-3086. 2. The property is located in the LR-1 A Lakeshore Residential Zoning District requiring a m;n;murn lot area of 2.0 acres and a nuiumum lot width of 200'forresidential development. � The property is approximately 3.65 acres in drybuildable area and approximately 600 feet in defined width . Page 1 of 6 � � , O� � • O �+ O � � C ITY of ORONO � - : � , ti ti RESOLUTION QF THE CITY COUNCIL ��`9k'EsII�4�G NO. a� � � � 3. The Planning Commission reviewed the variance application at a public hearing held on , February 22,2005 and reviewed the revised plan on Apri118,2005. Pla�uvng Commission subsequentlyrecommended approval of the requested va�-iances by a vote of 6-0 based on the following findings and hardships: a) The portion of the lot that is buildable is very small compared to the entire lot area. The property contains nearly four acres of dry buildable land. However, the environmental constraints within the site including the creek,wetlands,lakeshore, � bluffs and steep slopes,combine to limit the actual buildable area of the site meeting required setbacks to less than one-half acre. b) The properly is constrained byblufFs to the northeast,east and south ofthe buildable area. The existinghouse and its associated driveways and patios are located at the • confluence of the blufflines where their visibility and drainage impacts are substantial. . The topography also presents a hardship to the property in making it difficult to establish a driveway access into the site with reasonable grades. c) The existing house and patios severely encroach into the required bluff setback. These encroachments will be removed,to be replaced with a residence that save for an attached garage, does not encroach the bluff setback. d) The initial plans have been revised and the house repositioned so that the only encroachment of the bluffsetback is at the location of the existing detached garage, the footprint of which will be re-used in construction of a new garage attached to the residence. This garage is located at a point where the bluff is receding and becomes merely a steep slope area by definition,and the slopes within 30'ofthe garage location are less than 30%. The proposed continuation of the 26' encroachment of the defined bluff setback will have minimal drainage and visual impacts,as this area is behind the house as viewed from the main body of the lake. Further,re-use of the existing garage footprint results in no significant new encroachment of the bluffsetback,and eluninates any grade changes within the bluff impact zone. . • 4. The Council finds that while the proposed residence will be located lakeward ofthe defined average lakeshore setback line,the adj oining residences are positioned such that neither will have lake views encroached upon by the new residence. Y ''� Page 2 of 6 ;4. ...... ..... .:.. ....i, _. ... ._ ... �'�. .,�. ..�.. .... ��... .... . .. �{ ' . . .;Y .�i�. .,t. ,. ..... �-, ' : : . � . .. , , . . . . .... .. _ .. . .. .,. ..r �... ..... � . ...i. ':5} ... . ... _ . �� '�r _ �� .�I' �,.� ... p � .. ... ... . �. �.. .. .. . .. �( • i . � O� • O O �� CITY of ORONO � ,� , � , ti ��L �G~' RESOLUTION OF Tl�H�C�ITY COUNCI L `�kEsi3�g' ' NO. � . 5. The City Council has considered this application including the find'ulgs and recommendations of the Planning Commission,reports by City staff,comments by the applicants and the public,and the effect of the proposed variance on the health,safety and welfare of the community. 6. The City Council finds that the conditions existing on this properiy are peculiar to it and do not apply generally to other properiy 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 applicants,but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial propertyright of the applicants;and would be in keepingwith the spirit and intent . of the Zoning Code and Comprehensive Plan of the City. • CONCLUSIONS ORDER AND CONDITIONS � Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Zoning Code Section 78-1279 to permit the consiruction of a single family residence, located less than the required 30'setback from the defined top of bluff;located partially within the defined bluff impact zone where no stnicture is normally allowed;and located lakeward of the defined average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: 1. Council approval is based onthe site plan submittedbythe applicants and 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. This approval includes the necessary minor grading within the bluff impact zone to allow for construction ofthe new garage portion ofthe new home,and to restore the existing house site to the contours shown on the approved site plan. 3. Applicants shall provide confirmation of hardcover percenta.ge compliance per standard procedure prior to issuance of building permits. � � 4. The proposed grading plan dated April l l,2005 is approved subj ect to City Engineer's review and approval. Page 3 of 6 . ;;; ' ,. _, .. . �; �� . . � �� , � � CITY of ORON4 ,� . , � , ti ti RESOLUTION OF THE CITY COUNCIL ��kESI304�G NO. �D a� 1 � . 5. Authorities granted by this resolution run with the property not with the applicants, but are pernlissive only and must be exercisedby obtaining a land alteration pernut for the revised grading plan within one year of the date of Council approval,or the varia�ice will expire on that date(April 25, 2006). 6. Violation of or non-compliance with any ofthe temis and conditions ofthis resolution shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein,and sha11 be punishable as a misdemeanor. 7. The undersigned applicants have read,understood and hereby a�ree to the terms of this resolution and onbehalf 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 25th day of April, 2005. ATTEST: ��. ,� //� � Linda S. Vee, City Clerk Baxbara A, Peterson, Mayor ,� . ��z �. n � �. ,�l�i/r� Properly Owner(s) , " � � - Page 4 of 6 � ,; ;, � _ ;. . �; ;; , r. , � . _ , , . ,. . ., r, _ • - � . � O� . • O �. O . -� � � CITY of ORONO � -- : � , ti ti RESOLUTION OF THE�CITY COUNCIL ��`�kEsB�g'�G NO. � b � . STATE OF MINNESOTA � . COUNTY OF HENNEPIN �� The foregouig uistrumeilt was acknowledged before me on this�� day of l�`/ ,2005 by Barbara A.Peterson,Mayor of the City of Orono,a Miruiesota municipal corporation and said instrument was executed on belialf of the City. �--�a,,.��..�. ��.0 �' RACHEL DODGE : x �, NOTARY PUBUC-MINNESOTA Notary Public '•:;,�w My Commisslon Expires Jan.31,2010 � STATE OF MINNESOTA COUNTY OF HENNEPIN ��h � � ,2005 b The foregoing instrument was acknowledged before me on this_day of y Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. � RACHEL DODGE `�� GL — ` NOTARY PUBLIC-MINNESOTA �.7n,,� My Commisslon Expfres Jan.31,2010 U Notary Public • � � Page 5 of 6 � t � � � O� � O , O CITY of ORONO � - : � . , ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI3.�g'�G NO. � � 1 � . STATE OF MJNNESOTA COUNTY OF HENNEPIN � This instrumentwas acknowledgedbeforemethis-��dayof ..�s� ,2005 by . Plulip W. Ordway, husband of Cassandra S. Ordway. � ��,��e�2... ,��G�-�C � _ RACHEL DODGE Notary Public � � _ � NOTARY PUBLIC-MINNESOTA �:rr,,.� My Commission Expires Jan.31,2010 . � STATE OF MINNESOTA COUNTY OF HENNEPIN � • This instniment was acknowledgedbefore me thi.s�day of ,2005 by � Cassandra S. Ordway,wife of Philip W. Ordway. � � Notary Public RACHELDODGE ' NOTARY PUBLIC-MINNESOTA � •�,�,:� My Commission Expires Jan.31,2010 � Page 6 of 6 i � r ! . v . .� , �� . . �� I� � �C i� ` ; � II i II II � m m m m /�� 5, � N J v v�/ \ I � � � S01'12'i i"W 9 � 92 1 9>0 / � j� 9 � � 11�1�/�' �� p� � 9�� l� t� V �D � ~�' � �E �° ^°'' °' �w gg8 � 980� '� � I� � �6 �� I �� s � � � rn sa � � ��' I 'I �� 3a \ -Z86 �3R � , g74 �_i �- , �'� `� N 4 � �� I � P N dF , _ 2 I �° -� ` �� I � 4 ` 1 ,� � . � � � � � \� � � I 1 ` Y � , � � � . 9� \ \ � J n1 \� � � � a � '" 19� � � � � � \ : �' , � $� � � `�' ,�e�� j � ..`� - c � ��. �� , l 1 ��s�� `�so \'�� ` � ��''1°� .�." - ' `�w� _, o � i� , a �� \ �G� „ 9� .� �_� r a �� c96, \ �� \ \\ � F �F �_ •� :I. � � � � i I 1 �s�m� vs 9 . ,\ � \� � � �F _ � � �ti\f' !1i I / o \ S Sd,\ �\,` � �, s� ;; .� ,;;� Y � ,il � �.� ,R •�� j / � .� � ,, � � � I � � \ � I �J � �� •��°—''�? � / � rn `�s ,� \ ,� � ,��o� / �` � � / � �/' j.'� ''� � q�'� .'� Q s � �a,rn �rna'o-5�rn � � � � •�`� / I.�6 ��/I/ G i5`� �tJ Cn CP N _ ,� q � � w .�j, � � ` \ , � i- --' �_. --- __� i � � l ' / i/"� '7 p�0 � � m � / , � �� L6g /�. � i � �^�q8 n x i If �,�1/ /'� O g6q,9� � � � � 8�n`� � � °i`° � "� "� �` •\ ; �� 9 \ ;� M�1,4' �� 096.�b�6 I/ . •� i�� 9p �n�0�6 �d /�p��( � O � \ ti----- 1� ��9 i . �� °�1'�� • �6�I Z \ ; � � 2�`;�� . cba' �L61,�°�/�m� � j !�i --- 1 � p�.rO 4'�/�' � \ _ ---' - �q°� I � _ � v\ °� � �✓� �J �' p.,°'fof/O � � • �� I t66 /' � / Z'°'�c'%�� / I � � � I � � �� \�` \\ ru ��Jip iD I 9g?-��'` � � ��n�o'1'�'' � '. � � �� a\ � ��J�'-�rn�ornN� 1�989� �'o/� / � � � � � � � �z�� c�rn � °'a ` f9cP6,8 " �01 � I � � �E� �a �o�� \1 � , �� g � �°\� , �sAo� t ' ', � � '�� o,� 1 / � �� z�� s � �'', 1 �� , i�i Z � �� i � � q �� f ��t �� q � % � � � � a�� P � � n� . ��F �� a� � �_ / � � � � � � J � �� E �R� � WW � � � , j � �. � � � � =�..� � + / o :. - � ,�_-,� �, a::.;...: m , a r-. y,; , i g �.'�,.! 3 �-`- � 'r^"w, �e � ,S . � .. � i �� _ _ �\ `�- _ ,_. � � I �� , �� i .� _ m � - � W �, � . 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