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HomeMy WebLinkAboutResolution 5361 5 a �� ' � v � O �: O � CITY of ORONO � � ti �'� G'�' RESOWTION OF THE CITY COUNCIL �`�kEsll�g'� NO. � � � � � � . A RESOLUTION GRANTING A LOT AREA VARIANCE AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-305 (B), 78-967 (B) (2), AND SECTION 78-1286 (D) (2) . FILE NO. OS-3132 WHEREAS, Bradley M. Jones and Cheryl A. Jones, husband and wife (hereinafter "the applicants") are the owners of the property located at 2545 North Shore Drive within the City of Orono (hereinafter the"Cify") and legally described as follows: ' See attached Exhibit A � • (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a lot area variance and a conditional use perniit for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-305 (B), 78-967 (B) (2), 78-1286 (D) (2) to allow construction of a new residence on an existing lot 1.5 acres in total area with 0.92 acres considered dry buildable where 2.0 acres is normally required, and to incorporate approximately 900 cubic yaxds of fill into the street side of the property, but not impacting the wetland or 26' required setback. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3132. 2. • The property is located in the LR— lA, Zoning District which requires a minimum lot area of 2.0 dry acres and a min;mum lot width of 200 feet. 3. . The Platuiing Commission reviewed this application at a public hearing . • held on July 18, 2005 and recommended approval of the lot azea variance and conditional use permit based on the following findings: � Page 1 of 6 , • � O� . � O �, O � CITY of� ORONO � � � ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ � � � `9k'ESH.�g' NO. s � a. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance minixnum area and width lot requirements. b. The former residence existed on the substandard area lot since prior to 1960. c. The proposed residence meets all other Zoning Ordinance requirements with respect to setbacks, lot coverage by structures, � . hardcover, and building height. � d. The lot is provided with City sewer. e. The applicants are not able to acquire additional dry upland acreage to meet minimum lot area requixements without making an adjacent . • property more substandard than currently exists. f. The request for fill in excess of 500 cubic yards will not impact the � Properiy as viewed from the lake. g. The elevation which the fill is ultimately achieving already exists at the southeastern corner of the Property. h. Without, incorporation of fill on the street side of the Properly, any - attached garage would be set at a lower elevation than the main level of a home, requiring steps to the main level of the home; due to the reverse walk-out topographic configuration of the Property, as it exists . today. � . i. Neither the wetland body nor its required 26' setback will be impacted . by the proposed fill. j. Neither the shared driveway nor the adjacent properties will be negatively impacted by the proposed fill. . 4. . . The City. Gouncil has considered this application including the findings . • and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed Page 2 of 6 � ��� _� � �, � � CITY of ORONO � - : - � , ti ti RESOLUTION OF THE CITY COUNCIL �L`9kE3H.��`�G NO. a� � � � variance and conditional use permit on the health, safety and welfare of the community. 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 and conditional use permit 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 property right of the applicants; and would be in keeping with 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 a lot area variance and a conditional use permit for fill in excess of 500 cubic yards per Orono Municipa.l Zoning Code Sections 78-305 (B), 78-967 (B) (2), 78-1286 (D) (2) to a11ow construction of a new residence on an existing lot 1.5 acres in total area with . 0.92 acres considered dry buildable where 2.0 acres is normally required, and to incorporate approximately 900 cubic yards of fill into the street side of the property, but not impacting the wetland or 26' required setback, subject to the following conditions: 1. Council approval is based on the site plan and grading plan submitted by the applicants and annota.ted by City sta.ff, atta.ched to this Resolution as Exhibit�B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover for the 0-75', 75'-250', and 250'-500' zones shall remain � conforming at 0%, 25%, and 30% respectively. Applicant is advised that any requests to increase hardcover beyond the allowable limits established in City . Code Section 78-1288 sha11 require City approval, and will not likely be approved. � 3. Applicant is hereby advised that all decorative landscape beds on the property sha11 not be lined with plastic or fabric liner material to ensure their permeability • as non-hardcover surfaces. Page 3 of 6 � �°� . ! o � � - - CITY of ORONO � : ; . � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsI'10g'�G NO. � s � � 4. In order to comply with the Planning Commission's stipulation that the amount of fill brought onto the Property be monitored so as to ensure compliance with the approved grading plan, prior to any fill being brought onto the Property, the applicants or the applicants' representative shall make arrangements with the � City's Building Official and/or Building Inspector with respect to monitoring and haul routes. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and rriust be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, � or the variance and conditional use permit will expire on that date (July 25, 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, sha11 automatically � terminate any authority granted herein, and shall be punishable as a misdemeanor. • 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the properry. Adopted by the Orono City Council on the 25�' day of July, 2005. ATTEST: • � ���� ,�. �.� Linda S.Vee, City Clerk Barbara A. Peterson,Mayor _ ✓/.. . Property Own ) • Page 4 of 6 - � °� �� o � � y C ITY of ORONO � - � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `9kESI3�g' NO. � � � � STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on tlus o`Z� day of •�i,�.C�� , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipal corporation and said instnunent was executed on behalf of the City. ';'"� W RSON ��a�,-' ►?, - �..�^^�� �`,�7±�.�� . }�}��$71 B.AND� Not Public ���=� NOTARY PUBLIC•MINNESOTA �' �,��My�mission ExWres Jan.31,20�7 �- • STATE OF MINNESOTA COUNTY OF HENNEPIN f The foregoing instrument was acknowledged �before me on this �S day of �t� ,,��1-, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. �.c.u---•�¢.�- �c���.... RACHEL DODGE Notary Public � NOTARY PUBLIC-MINNESOTA :���+:� My Commission Expires Jan.31,2010 ' • � Page 5 of 6 � o� • o � o _ � � CITY of ORONO ti ��l �Gti RESOLUTION OF THE CITY COUNCIL �kESI304 NO. � � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN �j1 This instrument was acknowledged before me this U day of �� ' , 2005 . by Bradley M. Jones, husband of Cheryl A. Jones. � � � RACHEL DODGE ��k�_ ��� � NOTARY PUBLIC-MINNESOTA �•�;,,;:�� My Commission Expires Jan.31,2(110 Notary Public • STATE OF MINNESOTA COUNTY OF HENNEPIN . y.�, This instnunent was acicnowledged before me this�day of . S� , 2005 by Cheryl A. Jones, wife of Bradley M. Jones. y a � , DENISE M. LESKINEN _ •;= NOTARY PUBLIC-MINNESOTA NOtaT' PUbI1C y'�;,,;: My Commission Expires Jan.31,2010 y _.�..._,. . • Page 6 of 6 . �� . � � s g � EXHIBIT A ,� All that part of Government Lot�, Section 9,Township 117,Range 23,described as follows: Commencing at a point in the centerline of County Road No.51,which point is 437.4 feet West of a point in the East line of Govemment Lot 5, , distant 1260 feet South of the East'/coiner of said Section;thence Northwesterly along the centerline of said road a ' distance of 534.6 feet to the true point of beginning of the property being described;thence continuing Northwesterly along the centerline of said road to a point 265.25 feet Southeasterly measured along the center line of said road from its � intersection with the West line of Government Lot 5;thence Southwesterly with an interior angle of 90 degrees and 41 minutes a distance of 435.7 feet more or less to a point in the West line of said Government Lot 5,said point being 507 feet South of the intersection of said�West line witli tlie centerline of said County Road,said point also beuig on tlze shore of Crystal Bay,Lake Minnetonka,thence Southeasterly along said shoreline to its intersection with a line drawn tt�rough the pouit of beginning and foiming an interior angle of 84 degrees and 29 minutes with the centerline of said road;thence Northeasterly along last described line a distance of 435 feet,more or less tb the true point of beginrung. Subject to a perpetual�easement for roadway purposes for ingress and egress,on and over a strip of land 7%z feet wide, abutting aud adjoiniug tlie Southeasterly line of tl:►e above desci7bed prenuses on the West side thereof and commencing with the centerline of County Road No. 51, and extending Southwesterly along the South li.ne of the above described prenuses a distance of 300 feet. Together with an easement over,in and upon a strip of land 7'/z feet in width adjoining the - above described easement along the Easterly side and lying Easterly of tlie above described Southeasterly boundary of the � above described premises,conunencing with the centerline of County Road No. 51 and running Soutl.iwesterly along said . boundary line 300.feet for roadway purposes and ingress and egress to said premises. Hennepin County,Minnesota . • . . � . �.x� �f�. g . . - �}}7 - ` � NOR TH SHORE DRI VE }�h} � n E �77 70 EpGE BIT ROAD � ; I � I S 58°29 30 0 �' � � � I C L I 4� - -�i� � -�lnW I I � 7 .$ �ti�� . y�t �0 30 60 90 I bo�n I �U��I � _�, ►SCALE IN FEET �z�° � � I 'YJ�.� � ,�yv'� = EXISTING SPOT ELEVATION. ,� � W�a� HARDCOVER � � X(998.0) = PROPOSED SPOT ELEVATION ,'�I �i�o� N � �DW01 250+ (-ESMT&RD) � � = DIRECTION SURFACE DRAINAGE � 27500SF/0.63AC o X30%= 8250 SF HC � IPROPOSED ELEVATIONS � a I � GARAGE FLOOR=941.9 N DRIVE = 180 SF(0.6�) �TOP OF FOUNDATION =941.2 � N � � �L O WES T FLOOR=932.5 � ° I � �U � 75-250 z � V J I 26915SF/O.6AC(-1/2ESMT) • � n� A P P R O X. 9 0 0 Y D S F I L L R E Q U I R E D � Q � j l� m X25�=6729 SF HC � (VERIFY) ol W � �� BENCHMARK � 26 a �I� �1� p IHOUSE = 3830 SF(14.2�) O � TR SAN MH � ,� r � � Q I PORCHDK = 400 SF ELEV = 931.1 / ��� � � q O � � � WALK = 36 SF � 250 SETBACK at�.° }P2 v, �I � CONC PDS = 36 SF n - y / a I� J IDRIVE = 2330 SF � oE� , e� 'r `�� � � � I RET WALL - 65 SF �u Ps N ¢ m � lU O TOTAL = 6720 SF(24.9�) . � �� 3 � �h 3 � Z �(� O y�,'�y � N ' „^' •^� ti � � Q "1 ADDRESS � I �' ' �' ^' ��x o `� � �2545 NORTH SHORE DR � -� • ' '� O ` P I DT 0 9-1 1 7-2 3-41-0003 o II/ ��9 � kF � � N / � ^ F` m in : I� '` DESCRIPTION: � rOm� .y'Y1 n : �I� s�Y� IPT OF EC. 9, T.1 17, R.23 Z .� � °� ^�° ° �+� � ; �� LYING SEL OF NWLY 50 FT I� ' � . ��q: a¢-o� � X ti,a g � o ���� � FROM A PT N CL 437.41 FEET y � � SELY FROM LINE GOVT LOT 5 ,� ��, yZPh�'J� ,�� 932 y ao � HENNEPIN COU Y, MN. I ,�, m o ��� � SURVEY IS SUBJECT TO ^'� � � 93 ��` 7.5�5 -r �i�o � I ^ . CHANGE PER TITLE OR 't ,r J�, � c� ' ���� � EASEMENT INFORMATION �6: ' 34•� o¢` � so•4 •ry z Z � �.. � \C��' 2a o 2.5(� X a � � €<� 'PS�PG� rn r�i P�'O•0 05O 9 m °•��F'°• c�i �� ���� i I Gp.EL .3 n Q,FL N� �Q Q �„�^` N m � < .;�. G Q-. � V, Q' ��7ry 9.23 7.0 N 1.0� 7.2 a ^ o ,m P o �� � ' o ,�,ti. 20.0 ti � v� , ,�n; �'� 45.0 TFE=941.2�r�i ' I " m" Z�' PROPOSED � - QQ • ° = N HOUSE �^ 4 ° � h �� y�' � ryw N o LFE=932.5 in a 9 ti� "� b } r x 47. �c ti'�� t .0 76.44 N72.0 46.0 78.0 �74.66 30. °j I � �\�� 1.7 1 � � 7.50 Z r o _ o"'.� } ry �(\�� ����OJS . y 2s.3 - �` '�. �c.�\�OJS. 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