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HomeMy WebLinkAbout#15-3773 Recorded Resolution 6546Ill II I 1111111111111111 Doc No A 10265582 Certified, filed and/or recorded on Dec 2, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1328629M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6546 NO. _________ _ A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1119(a) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1116(5) FILE NO. 15-3773 WHEREAS, Steve Elliot, a single person (hereinafter "the Owner'') is the owner of the property located at 1400 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as: Lot 15, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-1116 (5) in order to conduct grading and filling activity below the 931.5' elevation in conjunction with construction of a new residence elevated on fill to meet the regulatory flood protection elevation (hereinafter the "RFPE") requirements of the zoning code; and WHEREAS, the Owner has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1119 (a) to allow an elevation lower than 931.5 within 15 feet of the house in conjunction with construction of a replacement residence on fill material; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on August 17, 2015 and the Orono City Council on September 28, 2015 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 number 15-3773. Page 1 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6546 NO. _________ _ 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 17, 2015 and voted 6 for and O against on a motion to approve the conditional use permit. The Planning Commission finds that the following factors support the granting of the request: a. The Property has 0.28 acres in area (or 12,308 square feet). b. The Property has approximately 50 feet of width at the OHWL and approximately 50 feet at the 75-foot setback c. Development of the Property for residential use is consistent with the Community Management Plan. d. The project will conform to all applicable zoning requirements. e. The Property is adequately served by police, fire, roads, and stormwater management. f. The Property is provided with an adequate water supply and sewage disposal system; in the opinion of staff this criterion is met. g. The proposed use is not expected to generate excessive demand for public services at public cost. h. Development of the Property for residential use is compatible and consistent with the neighborhood and surrounding uses. i. The proposed use is compatible with the character of buildings and site improvements in the surrounding area. j. The request for grading and filling within the floodplain will be reviewed by Minnehaha Creek Watershed District and a 1 :1 mitigation will be required to offset any impacts from the filling activity. k. The project is not anticipated to result in undesirable views or sustained activity so as to disturb neighbors. Page 2 of? CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 5 4 6' NO. _______ _ I. The project is not anticipated to result in a nuisance condition. m. The applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be evaluated and monitored by the City Engineer and planning staff so as to minimize nuisances during the project. n. The overall long term effect of the project is anticipated to result in minimal if any environmental impacts. o. This project is anticipated to result in no additional non-residential lighting or glare. p. The project is not anticipated to not be a detriment to the public health, public safety, or general welfare. 4. The City Council reviewed this application at a public hearing held on September 28, 2015 including the variance request and finds that in addition to the above conditional use permit findings the following factors support the granting of the variance: a. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant proposes to construct a new residence on a residential property and will meet the shoreland and district setback requirements. b. The variance is consistent with the comprehensive plan. The Comp Plan has directives which are put in place to protect the lake, limit massing and hardcover. The proposed plan for a new residence results in neither an increase in structural coverage ( over the permitted 15% level) nor hardcover above 25%. c. The Owner has established that there are practical difficulties. d. The Owner proposes to use the Property in a reasonable manner not permitted by the official controls; the Owner proposes to construct a new home on the Property in conformance with the FEMA floodplain regulations lowest floor and MCWD's lowest opening requirements. In order to do so the Owner is elevating the new home on fill material; the Property is not wide enough to facilitate the requirement that the fill material extend 15 feet from the perimeter at the lowest floor elevation. Page 3 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 5 '-1 6 NO. _______ _ e. There are circumstances unique to the Property not created by the Owner. Portions of the Property have a 1 % annual chance of flooding. The Owner is proposing to elevate the structure in a conforming manner and location to meet the flood regulations; the narrowness of the Property creates a difficulty in meeting the 15-foot fill extension requirement. f. The variance will not alter the essential character of the locality. The proposed home does not appear to result in a negative impact on the character of the neighborhood. g. The home and attached garage must be elevated out of the area of 1 % annual chance of flooding. Orono Code requires the elevated fill extend at least 15 feet from the structure's perimeter, due to the width of the Property the 15- foot fill extension is not feasible. The resulting plan is not out of conformance with the general neighborhood and will not result in a negative impact to the adjacent properties. h. The conditions do not apply generally to other land or structures in the district in which the land is located. The Property is unique in that the proposed home is located partially within the area of 1 % annual chance of flooding. i. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Owner. j. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. k. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. There does not appear to be enough width available on the property to result in a functional width home which conforms to the 15-foot fill requirement. The site constraints serve as a practical difficulty. 5. The Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, and the effect of the proposed variance and conditional use permit 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 and conditional use permit would not adversely affect traffic Page4 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 5 4 6 NO. _________ _ conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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 grants: a CUP pursuant to Orono Zoning Code Section 78-1116 (5) in order to conduct grading and filling activity below the 931.5' elevation in order to meet the RFPE requirements of the zoning code; and a variance from Orono Municipal Zoning Code Section 78-1119 (a) to allow an elevation lower than 931.5 within 15 feet of the house in conjunction with construction of a replacement residence on fill material; subject to the following conditions: 1. Council approval is based on the survey and grading plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed overall hardcover levels shall conform to the Tier 1 standards. 3. Compliance with all permitting requirements of the Minnehaha Creek Watershed District. 4. Compliance with ongoing recommendations of the City Engineer. 5. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining permits and commencing construction of said project; and completion of a framing inspection for the new residence within one year of the date of Council approval, or the approvals granted by this Resolution will expire on that date (September 28, 2016). 6. An as-built survey and an elevation certificate will be required upon completion of the new home permit prior to refund of the permit escrow. 7. 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. 8. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Page 5 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6546 NO. ________ _ Adopted by the Orono City Council on the 28th day of September, 2015. Lili Tod McMillan, Mayor Page 6 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6546 NO. ________ _ 6CC~ Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this / C day of 2015, by Steve Elliot, a single person. MON/CAA. FADNESS NOTA~Y '. UBLIC-MINNESOTA My Co~m,sswn Expires Jan. 31, 2017 ~AC:_,~~ Not Public Page 7 of7 ~ 11 .,v:\1 l Jr V r; \11@ _,fl fii I ~ V ENGINmlfQl>enl&~ 6'IO Wa,-to 11¥4. MlmtNp;«.,iiil:Q oma, (7631 s•s-2100 ,_.., tr631 ffl,1to1 l!MAIL1 "-fo•Mt•n.-WIISl'n!s h~rl/H ..... c°"' SITE PLAN 13 -------- ~------- ----~HCU!E 11404 Ellll!IIO HCUIIE ------- --------- 1-l:IDl1IP'f'lllff,,_OIUM'f __ lYUEIIIU,_IIY_....,_ NG ~Tl 1M ~,·77~ z::::·1::· =-= "'-''- ......... 9MMJI L.& NO., 2!1105 ' . J I I I !;: • SWALI!: CROSSEX:llON (HOT 1D SCALE) D 30 _ Call 48 Hours bef, PC Exh,lblt~ GOPHER STATE ONt. Y6L-b Twin t--..----.t--.. LEGEND ~ OENOTES FOUND PROPERlY IRON ~ 0 DENOTES SET 1/2" X 18"· REBAR Y,m,I PJ.."511C CAP "PlS 25105• ---DENO'IES BOUNDARY LINE --DENOTES LOT LINE ------DENOlES SETBACK LINE ,..-999 -~DENOlES ElCISTING CON'IOOR Lil'£ X9!Hl.99 DENOTES ElOSTING SPOT ElEVIITION (23 DENOTES CONCRElE SURFACE -DEN01ES DRAINAGE FLOW rn: DENOTES FlNISH FLOOR El.EVA TION ~ DENOTES DECIDUOUS 1REE --DENOTES WIRE: FENCE --c-DENOTES WOOD FENCE --<lE-DENOlES CMRHEAO EI..ECTRIC CO., DENOlES El.£C1RIC POWER POLE E-DENOTES GUY ANCHOR @) DENO'IES MANHOlE -DENOlES RETAINING WALL -BOSe DENOTES SILT FENCE ~ DEN01ES PROP<HD GRADE ~ DENOTES PROPOSED CONTOUR BUIWING SETBACKS ZONING: LR-1C -ONE-F'AMILY LAKESHORE HOUSE: FRONT = 30 FT SIDE ,. 10 FT REAR (OHW) "' 75 FT REFERENCE BENCHMARK B.EVAllON ,. 931.76 0 SEYER MANHOlE RIM AT 1392 BAI.DUR PARK RD. 0,.. LEGAL DESCRIPTIO:tf C.Yi Lot 15, Block 1, BALDUR PARK, Hennepin Caunty, Mln11esota ..J::::,.. HARDCOVER RECEIVED AUG l O 2015 CllYOFORONO ElCISTING IMPERVIOUS SURFACES PROPOS8> IMPERVIOUS SURFACES TOTAL LOT AREA EXISTING HAROCO\IER PROPOSED HAROCOIIER ~ ~ C-', 3,292 SQ. FT. 3,100 SC. FT. 12,308 SQ. FT. 27 X 25 ,r; llll!ff---J08 IWAE: 51'-"E EWDIT FELD WORK 0\1E: 02/10/13 DRAWN BY: EP Pll0lf.'CI' NO.: mi' ~g I..OCA110N: FIELD D00IC NCI.: ms-10 CHECKED BY, VS I SHEET NO. 1 Cl -·-a'C ;:. s:r. ,-g Call 48 Hours before PCElifllbltc - GRADING, DRAl·NAGE AND EROSI.ON c·oN·TROL PLAN-GQfHER SJAJE or,c;~ ,..,,_ Cities Area 651-454-0002 ~ .,,.------___ .,,,,,. ... ,11-596 ------~JSllNG HOUSE I I . I I I I I I I I 11 D 20 ~ LEGEND ~ DENO"IES F<UID PROPERlY IRON ~ .... NKA'--1 ~~ ~ 0 OEN0lES SET 1/2• X 1119 REBAR WllH PLASTIC CAP "Pl.S 25105• ---DENOlES BOUNDARY LINE --DENOTES I.OT UNE · ,..._ Q. ......, 0 El ~ 10· 10 c,; RECEIVED_ AUG 102015· cnYOFCJRON0 -• DENOTES SETBACK IJNE ,-999 --DENOTES EXIS'lllfG CtllfTOUR LINE xB99.99 DENOlES EXISllNG SPOT El.EVA TION ~ DENO'TES CONCR£1E SURFACE -DENOlES DRAINAGE F1..0Yf. FFE DEN0lES FINISH FtOOR El.EVA llOlf e DENOlES DECIDUOUS lREE --o-DEN01ES WIRE FENCE -a-DEN01ES WOOO FENCE -OE-DENOTES OVERHEAD El£CTRIC "tl, DENO'IES El.EC'IRIC PO¥.£R POLE E-DEN01ES GUY ANCHOR @) DENOTES MANHOLE -DEN0lES RETAllflNG WALL -asaa DENO'IES SILT FENCE [i!itiJ DEN01ES PROPOSED GRADE ~ DENOTES PROPOSm CONTOUR 15.87-=---I / .;:: ---+-~ ~"1.l,(J.._ ~ :z.. ~ ... 1 " -----SEDIMENT & EROSION CONTROL -NOTES ~,g_r; J<'33\l / S26"01 '15"W 222 70 ma.~-\ '-.. 30-i.AI..LEXPOSEDSOILNl!J!A, INa.UDINGTEMP0RARl'ST0ClG'I.ES,MUSTBe ------ ('-' I ~ .,., t-- ~), t ' NUMBERED NOTES / 9"J • , ~ 1.0" I STMR.121!DAS800NASP088111.EBUTINNOCASEIATER'lkAN14DAV!IAFIER / ,. . :1 --! QC CONSTRlJCTION IICTIVITY IN ntATPORTlCN OF'TIESITEKAS'TB.W'ORMLYOR .,...,. __ ,..-;:,...,~~'-: '33 . I • -~YCEASBJ.STABl.lZEWllHTl!NFORARYSl!l!DANDSTRAWIIIU.Cli 10.22....,.._ ~~~~❖~'-.~~~~--_,, '-..._ · Al'PIJEDAT2TONSPER:ACRES. · · ',.., J2. Sl.TF!NCl!!9HAIJ.8E INSl'Al.l..ED AND ATll-E LOCATIONS SHOWN ONlHEPI.AN 14 -~---------~· HARDCOVER ~ ', 'l!-AND AROUND/INY·S'l"OCKPILES. l!IILTFENCESHALLl!E NIPECIEDAND MAINTIIBJ . ~ ,/ )( \ WEEKLY(ANDWfflilN24HRSOFAD.5"RAlNFALL)UN111.FINALSEEDINGAND Ry HIGu,, MULCHNG(OR80DDING)OFLOT. OROINA )'' 3. CUSTCONTROl.19iHE RESPONSIIILITY OF THE PEIMTHOUlER. 1HE PEIMT WA 1ER UN E>:-= 929.4 HOLDER NIUSl"l!UMINAT! DUST PROBLEMS UPON RECEIVING N011Cl!FROMTHE ,. -.. 1 ,. 'V.., 1 ,, ,11 ,,,. BUILDING OFFICIAL lHA.T TIERE 19 A DUSTPROl!LEM. 1-< I ·I I ~ ., 4. STREETCU:ANIN,O SHIii.i. OCCUR CII\IL Y CRAS NEEDED. ----·----·-·-·· ·1.;.r1.-··,·.., ,.r,·,~··-:--;J-------S;l!IR.Ll!IRU1!80EMAN(812.308.2!Ql)ISRBIPONSB.EFORTHECI.ENl:IEISOFTHE -------- BUILDING SETBACKS ZONING: LR-1C • ONE-FAMILY LAKESHORE HOUSE: FRONT ,. 30 FT SllE • 10 FT I SITEANDTHEIWNTENANCl! OFlHE l!ROSION AND SED~CON'111CLS.. / 6, lllESlOCICPILELOCATIONSHAI..LBEATnE80U11iEAST~OF'IMl!LDT I (SETIIACK2D' FROM FRONTl'ROPenYLINE). I ~j3 7. SITE ACCESS stWJ. BE'W.A ROCK CONSIRUC110N ENJJW«:l!ATPROl'OSa> f ,.<\ ' DRIIIEWAY.TOTHEEXTENTPRACTICAIILl;,HEAVYE!CIUIPM!NTANDTRUCKSSHAU. BEPROHIBITED FROM PARKINGOUTSIDE OF THE GRAVEL PAD AT SfTEACCE'SS. 9. AS IS PRACl'ICABLI;, BUILDl!R TO MAJNTQ,I CONTIMJOU8 IIILTFEICE~ SITl!ACCESS'MIEN NOTIN USE. · 9. IN THE CASE OF PUMPED DISCHARGE, C0NTRACT0R llllSJ'FLTERANY'TIJIIIO"" REAR (CJ,!W) = 75 FT REFERENCE BENCHMARK .WATl!R lHROUGH SAND MD SILT Fl!NCI!! l!ll!FORe DISCHARGING 'TO 8 PROl1!C110N MUST BE IN Pl.ACE ~ INSTALLBILT9DCl<f!NCETOSTARTOFSO!LDl$!UlBING ACTIYITES, ElCISllNG IMPER\1100S SURFACES PROPOSED IMPERVIOUS SURFACES TOTAL LOT AREA 3,292 SQ. FT. , 3,100 SO. FT. 12.308 SQ. FT. nEVATION • 9:S1.78 0 SEWER MNIHDI.E RIM AT 1392 BAl.llUR PARK RD. tO. ER>9l0N AP!DSEDIMENT C01fTROLBMPS SHOUID Bl! INSTM.I.EDAN BY THE CITY PRIOR TO Nt'i LAND lllSfURIIING ACTMTl!!S. 111: CON ll&ISTPROIIIJEA ~ 24 ~ N011CEPRIORTO INSPECJION. mf ~ INSTN..L TEMPORARY GRA.VS. CONSTRUCTION EN'llWICI; PRIORTO START OF SOI. DJSTUIB.tlG ACTMTES. EXIS1lNG HARDCOVER PRCf'OSED HARDCOVER 27" 25:,,; . LEGAL "DESCRIPTION .. Lot 15, Block 1, SAL.DUR PARK, Hennepin Ccunty, Minn990ta l-11111Ft'IIIATMIU"-1'--I.TIIE'"'....,,"'.....,._ MD'MA1'1MI.AIII.YU~LAJID~INllll:lMEI.AWlt:l1Hln'IIC#...aD'fl.. ·• --'ltet! ·:·f.;,•-• ;• · --..!!!!!!!!! .~ ~o e:S: --· mo cR c..,., ~ C,, ST A TE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, ce1iifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 28, 2015 with the original thereof on file in my office, and the same is a correct transcription thereof. ., , ,. · . \ ,\ \' . . ,• \ \;•J /f,,1 ,.:,,. ,· I WITNESS my hand officially as such City Clerk and the coip~nite-s:,-al-bf-tge: City tJ.us 15 th day of October, 2015. . :.:· ,c. ~-··.-~_,, ·. ·: ._: i ! .· ·: ·-s.··,, . . f ~:: .::· 1~\::J !· L ne T1egs I'fP y._@trf , ·,. ~/, .. ; --... f' . 'i --( ·. -... •·/.o... I I l . ( f .,."' 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