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HomeMy WebLinkAboutResolution 4925 t sO CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ILI ��kES80NO. 4 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(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 - FILE #02-2854 WHEREAS, Kevin and Janet Manley (hereinafter "the applicants") are the owners of the property located at 1973 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 7, Fagerness, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances 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 boulder retaining walls constituting hardcover in the 0-75' zone where no hardcover is normally allowed, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2854. 2. The property is 0.24 acres in area and is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on December 9, 2002 and again on January 22, 2003 pursuant to referral by the City Council. On January 22, 2003 the Planning Commission on a vote of 6-1 recommended approval of a hardcover variance to allow hardcover in the westerly 0-75' zone of the property in the amount of 1,539.6 s.f. per revised Option 1 of the Metro Legal Services IAC. Box 491 Page 1 of 6 O , O CITY of ORONO RESOLUTION OF THE CITY COUNCIL `4 kk 110 NO. 4 9 2 5 submitted plans, and approval of a conditional use permit (CUP) for grading within the 0-75' lakeshore protected zone, based upon the following findings: a. In conjunction with an ongoing remodeling and addition project, the grade of the walkout level in the westerly 0-75' zone has been lowered by approximately 2', in violation of a 1998 City application denial for such work. This grading work was not covered by any permits issued by the City and has never been approved as part of any prior zoning application. The west lakeshore yard has been excavated and the west facade of the house has been opened up to a much broader width and height than the original house. This activity is inconsistent with long- standing City policies and ordinances which prohibit 0-75' land alteration to create a walkout situation. The grading activity to date on the west side of the house has left almost no vegetation intact and 90% of the lakeshore yard in a state of bare unprotected soil. b. The lakeshore bank as a result of wave action has been undercut and is need of rip-rapping and stabilization to limit further erosion. C. The applicants have provided three plan options for restoration of the lakeshore yard and protection of the lakeshore bank. Option 1 is preferred by the Planning Commission because it restores the grade elevation at the walkout side of the residence to that which existed prior to excavation. Option 1 creates a narrow lower area near the house and a walk-up to the yard. This lower area will be drained via a tile, and stormwater runoff to this area will be minimized by use of gutters and downspouts. d. While Option 3 provides for a 4' wide stairway to the lakeshore and a boulder retaining wall system with a first flush drain zone to enhance runoff quality, it does not restore the sideslopes at the top of the lakeshore- bank to their pre-existing condition. The result is the need for additional vegetation to screen the wider facade of the house now visible from the lake due to the grading. e. Option 3 including the existing remodeled residence structure constitutes 1539.6 s.f. of hardcover or 26.6% of the west 0-75' zone. Options 2 or 3 each would result in slightly lesser levels of hardcover but do not restore the grade elevation adequately. Page 2 of 6 o , o CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL NO. 4 r& f. A number of conditions regarding proper execution of the proposed grading and lakeshore bank protection work should be attached to the approval. 4. On January 27, 2003 the City Council granted approval of the proposed variances and CUP to allow the applicants to complete the proposed work per Option 1. Council directed that staff bring a resolution to the next Council meeting for adoption. 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 to permit the construction of boulder retaining walls constituting hardcover in the 0-75' zone where no hardcover is normally allowed, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work Page 3 of 6 � O _ V O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL L`�kESH0 NO. d 9 is normally prohibited per the submitted plan Option 1 revised to incorporate downspouts and gutters, and attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and within 5' of a lot line per said approved grading plan and site plan, subject to the following conditions: 1. The only hardcover allowed in the westerly 0-75' zone without further variances is that shown on the approved plans attached. This resolution discusses only the westerly 0-75' lakeshore protected zone, and does not purport to grant approval related to other portions of the property. Hardcover in the westerly 0-75' zone shall not exceed the square footages per the approved plan. 2. Applicant and his contractors shall strictly adhere to the revegetation and planting plan to ensure adequate screening or softening of the wall system as well as the building facade, and to provide long term soil stability. 3. Construction of the boulder wall system shall be by a highly qualified contractor and/or under the direct supervision of same. 4. The construction shall adhere to the required grades, and proper construction of the "first- flush" system and installation of gutters/downspouts to result in the degree of water quality control the plan intends to accomplish. 5. Applicants shall ensure that the ongoing work is subject to qualified inspection during the construction process. 6. The landscape plan shall incorporate additional tree plantings in the Lakeshore yard to help soften the visual impact of the retaining walls and exposed house facade. The additional trees shall be located just outside the extended side lines of the house to allow applicants to maintain an unobstructed direct view of the lake. The number, size and type of trees to be planted shall be first approved by City staff. $. 7. Erosion protection as may be required by the Building Inspector and the MCWD shall be maintained at all times until the site is revegetated. 8.. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit within one year of the date of Council approval, or this variance will expire on that date (February 10, 2004). Page 4 of 6 0 0 CITY of ORONO RESOLUTION OFT E CITY COUNCIL ��kESH0 NO. 4A t 9. 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. 10. ,_ The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree fl =r t to,the recording of this resolution in the chain of title of the property. r ` Indo-ted by the Orono City Council on the 10th day of February, 2003. . �'QQ � it�:�aat •. t..j r City Clerk Barbara A. Peterson, Mayor Pr ty'O n (s) STA OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10`h day of February, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA 2. ALISSAZWINTERNHEIMERCOUNTY OF HENNEPIN NOTARTAMy Comm2006(fie foregoing instrument was acknowledged e o = of � � jai\,CkCkL � 2003 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. RACHEL DODGE Notary Public NOTARY PUBLIC-MINNE"OTA My commission Expires Jan,31,2005 f >U�. Page 5 of 6 o , o CITY of ORONO �ti (j RESOLUTION OF THE CITY COUNCIL �`9kES8D NO. 4 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day ofC_'z z , 20 -'-�i) � personally appeared before me, -7o I:EYtnI MAW-,EY who is personally known to me 6- whose identity I proved on the basis of "_k) 7 Cr whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. MINNESOTA My Cc: _,-,fres Jan.31,2005 ti Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On thisday of �/� , 20 1 V1 not(/l�LA- personally appeared before me, •To SNGT M4r4Lr t who is personally known to me L _ whose identity I proved on the basis of d�T Ail whose identity I proved on the oath/affirmation of , a credible witness # and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. RACHEL DODGE n. t.. NOTARY PUBLIC-MINNE^OTA ?; !1y Commission Expires Jan.31,2005 Notary Public .4 Page 6 of 6 A i Chilton 0 TIO 1 Stoop 1 .. A•1 Flagstone 94 0 BOOP -0-946.0 94 .66 I Add 2R.d soil&wall 946.0 gads prior to remodel Down Spouts I I Down Spalls to be petalled by to be instal led by owner knvner 942. � 938.3 939.5 TOW 937.75� 37.83 / 542.0 937.5 BOW •Gravel Rod: D•! Lawn Area , �. 7 Lam Area 3 5 BBusshhHmeysudde d 31 Serviceber 4"adid A"� Pvcto / 4/Red Twig dayliglt�f 12"Drain Dogwood Z Yiburrim \/ compact ` m 941 erikan 939 76 / . 91 I A Nati 4/Black Eyed 1 3/Fra gant Susan I Lavin Area Honeysuckle Sumac 937. +938.5 / Mixed Purple t 93 . 938.88 1(1 1/Joe Pye Weed Conesower 8&adr A^ Ganite First Flush Eyed Susan k _ steps 193 .5 Drain Zane 1/Miss Kin Lilac - .f 938.5 / - 38.88 1 938.5 a 36 tI N 935.5 r k :. a 931.5 cut steps into Rip Rap fp dock 11/ ayfilies I 1 - s t Y - k ,_ !. - Gravel oa • � ,.. 931.5 TOP GRIP RAP Remove 1 Hadkbarr 935.0 933.0 nomove,2Daxolda� 11M'an Fnerste calamagastis"grass' 931.5 TOP Y ---- OF RIP RAP S+BWe Pence 17/Dayliliea L . 929.4 GIW Jumper 934.0 TOW n 931.5 BOW gl Karl Foerster 1311 calarnagoetia"grass" RIP RAP to meet Hard Cover Calculations:0-75ft, water shed's specifications Hard Cover Areas:Building 983.7 sq.ft Stone Steps&Landings 173.4 sq.ft Boulder Walls 382.5 sq.ft proposed Elevations in BLUE Total Hard Cover: 1,539.6 sq.ft Existing Elevations in RED Total Area,0-75 ft 5,860.7 sq.ft Granite Boulders to be used througout. Boulder Sizes will range from 18" to 48" Hard Cover Ratio: 26.6% as necessary a Existing Native -- � Vegeton Ex sting Native s y. vegetation �I Top of well 999.5 w Top of wall 938.5 V Top of wall 935.0 Top ofwall 534.0 NYTop of RIP RAP 931.5 A r-7, OWH 925.4 `. Bot.of RIP RAP TBD �._ .1y Ik i", f 1".\� r`t° 1 , i ��" •e,l" r t„ Elevation oy Scale: 1 inch - 4 feet z 9fl�1�3 C�opoQr�oaa G°P�g adv - o `�� OPOGt7Op � January 15, 2003 1845 w4scotlsin Ave.No. Golden Valley,MN 55427 Tel.(763)544-4215 V 1 S'E� 7-0 /1 cal Pt)►'z � M� �t OPTION 1 23'-11 1/2" Top of wall 9395 Top of wall 9385 Top of wall 9355 ' - -- i i r Top of RIP RAP 931.5 JU 7713ralnZonrsush e OWH 829.4 P�Grade This system is designed to reduce the amount of toxins Proposed available at the Initial onset of a rain storm. The potential Bat of RIP RAP TES -. = E)isarg Grade V-6 toxins are diverted from entering the lake directly and an eAsIn scilFatallowed to utter natural) via the drain zone. .,.� me>taingadl y RlpRap Boulder v" Capacity: 1,032 gal.or 20 minutes Granular niter Wlerial Coverage:0-75(2,275 st.) (AfiDOT3601 s err equl�alerit) 100 yr runoff:3 Inchesthour Section 1 A-1 or 52 gal./minute Construction:4.5oz boulder fabric(bottom&sides)with 3/4"clear rods +'�, Itl� ,•r r�i. i r .''+: r,..3'— •�f EkslrgWgpeTree onSW f .✓r corner of bl 940.0 AK 937.0 Top of wall 934.0 Grade plar b constuclm Top of RIP RAP 931.5 OWH 929.4 Bat of RIP RAP TBD Section 1 A-2 945.5 i 944.0 V I�I. 940.00 Top of wall 935.0 Grade tabus conshuctbn Top of RIP RAP 831.5 OWH 929.4 Ilk Bot.of RIP RAP TBD _ r Section 1 A-3 Scale: 1 inch = 4 feet N �Oa3 [�o� oQraoa© Q�v Qdo z December 2, 2002 1045 Wiwamin Ave.No. Gdden Valtey,MN 55427 Tel.(763)544-4215 OQO�rt1Oo �a ° C� a,�a Tl m _ N goo C� ur < mrn m f � ' r r r1�j c� t -