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Home My WebLink About#2559 Recorded Resolution 44620 O RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10,55, SUBDIVISION 8; AND SECTION 10,56, SUBDIVISIONS 16(T) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISIONS 19-21 Metro �t = ,,&vices I i E #2559 Box 491 WHEREAS, Gilbert Gehl�'(hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows:rrni�r.l�� Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2559. 2. The property is 0.71 acres in area and is located in the LR-1C Single Family Lakeshore Residential Zoning District. Page 1 of 7 a � r C f RESOLUTION OF THE CITY COUNCIL NO. 3. The Orono Planning Commission reviewed this application on February 23, 2000 and on a vote of 4 to 0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.£, based upon the following findings: A. The property is located on a peninsula and has two 0-75' setback zones. It is not possible to locate a driveway access to the property without replacing hardcover for the new driveway. B. Most vegetation on the site will be protected. One tree within the southerly 0-75' setback will be replaced by additional plantings to be located where the existing detached garage will be removed. C. Overall hardcover on the site will be reduced based on the approved site plan. Total hardcover permitted on the site is 25% of the southern 0-75' Lakeshore setback and the 75-250' setback. D. All hardcover and structure within the northern 0-75' setback will be removed. No new hardcover or structure is proposed to replace any removed in the lakeshore setback. 4. The proposed grading in the southern 0-75' Lakeshore setback is required for driveway access. The house plans have been modified to lower the garage to the walkout level requiring a slope of approximately 5% for the new driveway. Less grading is required, thus maintaining a minimal slope and protection of mature trees in the southern 0.75' setback. The first proposal showed a driveway slope of greater than 13%. Additional grading in the northerly 0-75' setback will permit filling in the foundation and restoring the hillside following removal of the existing cabin. Applicant will pull the 940' contour back to accommodate a walkout level. Total grading for the walkout in the northerly 0- 75' is 7.4 cubic yards. The grading is necessary as the property had been filled prior to the construction of the existing cabin and is artificially high. Pulling the 940' contour back will permit the lowest floor elevation to be dropped approximately 3'. Page 2 of 7 PJ �64Vi 1 RESOLUTION OF THE CITY COUNCIL ti a 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 6. 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 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 applicant, but is necessary to alleviate a demonstrable 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. 7. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed 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 property, nor will such use 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 AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence constituting hardcover on the property of 5,725 s.f. per the approved revised site attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' Lakeshore protected zones subject to the following conditions. 1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not Page 3 of 7 mav E RESOLUTION OF THE CITY COUNCIL NOV a 3; exceed the square footages per the site plan attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 2. Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. 3. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. 4. Erosion protection as may be required by the Building Inspector shall be maintained at all times. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 2001). 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. 7. 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. Page 4 of 7 0 RESOLUTION OF THE CITY COUNCIL NO. R Adopted by the Orono City Council on the 8th day of May, 2000. ATTEST: Linda S: `lee, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Gabriel abbour, Mayor The foregoing instrument was acknowledged before me on this 8th day of May, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. MARY ANN JOHNSON - NOTARY PUBLIC • MINNESOTA ,y W Commission Expires Jan. 31, 2005 Page 5 of 7 RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /5�/� day of ` / U�/ 2. , 2000 before me a Notary Public within and for said county, personally appeared &i /A e e-7i(�e 6le, ! a f k�� e �/ 7 ' 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. rRY AM JOIiNSON NOTARY PUBLIC • MINNESOTA r: My Comn�bsion Expires Jan. 31, 2005 NOTA AyPUBLk STATE OF MINNESOTA ) ) ss. 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