HomeMy WebLinkAboutCouncil information 7-25-05MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 25, 2005
7:00 o'clock p.m.
(10. #05-3133 BRUCE AND ELIZABETHNUSBA UM, 3480 NORTHSHORE DRIVE,
Continued)
While the garage sits 3.5' off the side yard, Nusbaum noted that any more than 5' would obstruct
the view from the house. A plan which was designed specifically with a garage in the same
footprint or location was approved by the previous Council.
The builder, Ross Langhans, stated that the building inspectors stated they could likely gamer an
additional 1-1 %2' from the overhangs.
Sansevere noted that, typically, staff includes a recommendation with an application; which this
seemed to be lacking.
Gaffron stated that due to so many variables, staff found it difficult to make a recommendation;
however, a 10' side setback would be preferable to a 5' one.
Murphy suggested the applicant consider a higher pitch to the roofline in order to allow more
storage space above.
Langhans stated that they had designed the garage to match the home. He pointed out that the
survey and staff reports do not clearly identify the fact that the garage sits within two zones.
Nusbaum pointed out that a 22'X22' garage is 484 s.f, as opposed to the 440 s.f. as recommended
by the Planning Commission. He added that, several years ago when they had built their home, the
minutes will reflect that the City Council gave them permission to build a garage in the same
footprint as the current one.
Sansevere stated that he wished to see a 10' setback no matter if the garage was a single or 1 %2
story structure.
Murphy moved, White seconded, to adopt the Planning Commission recommendation with a
10' side setback for a 22'X22' garage whether constructed as single or 1 '/2 story structure for
the garage located at 3480 North Shore Drive.
Mrs. Nusbaum asked why they were not going to be given the 5' option.
Murphy stated that the City Council failed to identify a hardship to the land to support the 5'
option.
VOTE: Ayes 5, Nays 0.
*11. #05-3137 ROBERT AND VICTORIA JAFFRAY, 540 BARRETT AVENUE —
VARIANCES — RESOLUTION NO.5362
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO.5362, a Resolution
granting a front yard setback variance for 540 Barrett Avenue. VOTE: Ayes 5, Nays 0
PAGE 5 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 25, 2005
7:00 o'clock p.m.
*12. MORATORIUM ON DEVELOPMENT IN NAVARRE COMMERCIAL DISTRICT
— ORDINANCE NO. 26, 3rd SERIES
Murphy moved, Sansevere seconded, to adopt Ordinance #26, 3rd Series establishing a
moratorium prohibiting the granting of preliminary subdivision approval, zoning
(CUP/variance) approval, rezoning, or PUD approval for any property zoned or used for
commercial use adjacent to County Rods 15 and 19 within the Navarre commercial area in
the City of Orono. VOTE: Ayes 5, Nays 0.
13. STONEBAY DEVELOPERS AGREEMENT ASSIGNMENT APPROVAL
Gaffron explained that outlots need to be part of the legal description and have been added in, as
have the undeveloped additions.
White moved, Sansevere seconded, to authorize the Mayor and City Clerk to execute the
attached First Amendment to Planned Unit Development No. 4 Agreement. VOTE: Ayes 5,
Nays 0.
14. APPEAL OF ENFORCEMENT ACTION — 2600 CASCO POINT ROAD
Curtis stated that, in response to a nuisance complaint, a property inspection was performed at 2600
Casco Point Road on May 23, 2005. At that time, staff met with the property owner and together
performed the site inspection, noted violations, and documented with photos. The property owner
was provided with the appropriate City Code sections in the notice of violation letter.
Curtis noted that the applicant worked with staff to remove most of the existing violations and the
remainder of the materials on the site have been negotiated to extended deadlines with the
exception of the tractor/backhoe. Curtis suggested that the Council discuss whether or not the City
Code Section 78-1577c classifying the tractor/backhoe constitutes `special mobile equipment' and
is therefore prohibited within Residential Districts. She pointed out that the neighbors' supporting
statements have been included for Council review.
Kaster stated that he bought the tractor 30 years ago, and that it sits on the property down a hillside
hidden by trees. He added that he has no trailer and simply uses it for his personal use. He
distributed numerous neighbors' comments that supported his use of the tractor, and acknowledged
that many cannot even see it in the woods.
As a nearby neighbor, White stated that he, too, could not see the tractor.
Murphy stated that he parks his bobcat in his garage and the law states that Mr. Kaster must also.
He pointed out that staff and Council spent a great deal of time developing the special mobile
equipment ordinance and must enforce it.
Kaster reiterated that, although the tractor is not parked in the garage, it is fully screened. He stated
that he did not wish to construct a structure and lose the trees along the hillside.
Murphy voiced concern that the City might be opening a `Pandora's box' if it fails to enforce its
code and be consistent.
PAGE 6 of 10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, July 18, 2005
6:00 o'clock p.m.
15. #05-3137 ROBERT AND VICTORIA JAFFRAY, 540 BARRETT AVENUE, VARIANCES,
10:12 P.M. —10:20 P.M.
Robert Jaffray, Applicant, was present.
Gundlach stated the applicant is requesting a front yard setback variance to perniit an attached garage
addition and a covered entry addition. The applicant is requesting a front yard setback of 23 feet where
50 feet is normally required, 23 feet currently exists, and 25 feet was previously approved.
Staff has discovered that the previously approved 1992 and 1999 variances required a 25-foot setback
from Barrett Avenue and the survey submitted with this request shows the setback to be 23 feet from
Barrett Avenue at the most northwestern point. Staff concludes that the previously approved variances
did not take into consideration that the house does not sit square on the lot and is angled north-northwest.
Staff finds that the placement of the existing house from the front lot line and topography calling for a
tuck -under style garage creates a hardship to warrant approval of a front yard setback. Staff feels,
however, that the applicant should be held to the 25-foot setback previously approved as the proposed
plans can be shifted two feet to the east without changing the design.
Jaffray stated the current garage is 19.3' deep, with a service door in one comer, which makes it difficult
to park a vehicle in there. Jaffray stated he would like to bump the garage out an additional five feet to
allow for a more functional garage.
Rahn inquired whether the service door would be eliminated if the addition is moved two feet.
Jaffray stated he could eliminate the door but design -wise it does not make much sense.
There were no public comments regarding this application.
Rahn stated he does not have any issues with the recommendation of Staff.
Bremer inquired how the setback differs from what was originally approved.
Jaffray stated the house is slightly off from being parallel to the road and that could have resulted in the
house being constructed 23 feet from the road rather than 25 feet.
Bremer moved, Kempf seconded, to recommend approval of Application #05-3137, Robert and
Victoria Jaffray, granting of a front yard setback variance at 22.8' in order to construct a garage
addition onto the existing home, including a screen porch above the easterly 20' by 15.5' of the
addition, for the property located at 540 Barrett Avenue.
Leslie inquired how the City can be assured that this addition will not also encroach more than 22.8'
given the placement of the house.
Jaffray stated he is assuming the new survey completed by Gronberg is accurate.
VOTE: Ayes 7, Nays 0.
PAGE 30
CITY OF ORONO ZONING FILE: #05-3137
2750 Kelley Parkway
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
(952) 249-4600 DATE OF NOTICE: July 26, 2005
-----------------------------------------------------------------------------------
TO: Robert & Victoria Jaffray COPIES:
540 Barrett Avenue
Wayzata, MN 55391
TYPE -OF -APPLICATION: Front Yard Setback Variance
--------------------------------------------------------------------------------
DATE OF MEETING: July 25, 2005 VOTE: 5 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed
to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday
through Thursday 7:30am to 5:00pm and Friday 7:30am to 11:30am). All persons
with interest in the property must sign the resolutions
Variance approval is limited to the extent shown on approved plan and as noted in the
approval resolution. Changes in approved plans are subject to further review by the City.
Variance approval expires one year after date of approval. A building permit must be
obtained no later than July 25, 2006
If you desire certified copies of the official Council minutes, they are available from the
City Clerk after review and approval by the City Council.
Date Application Received: 6-22-05
Date Application Considered as Complete: 7-6-05
60-Day Review Period Expires: 9-4-05
REQUEST FOR COUNCIL ACTION
Date: July 21, 2005
Item No.:
Department Approval: Administrator Approval: Agenda Section:
Zoning
Name: Janice Gundlach�
Title: City Planner
Item Description: #05-3137, Robert & Victoria Jaffray, 540 Barrett Avenue, Variance, Resolution
Zoning District: RR-1B, One Family Rural Residential District (2 acre min.)
Lot Area: 0.45 acres (19,422 s.f.)
Lot Width: 150 feet (200' required)
List of Exhibits
A — Resolution per Planning Commission Recommendation
B — PC Action Notice 7-19-05
C — PC Memo and Exhibits of 7-13-05
Application Summary: Applicant requests the following variance in order to construct a garage
addition onto the existing home including a screen porch above the easterly 20' x 15.5' of the
addition and a covered entry:
1. Front yard setback variance to permit a front yard setback of 22.8' where 50' is
normally required, approximately 23' currently exists, and 25' was previously
approved.
Planning Commission Recommendation
The Planning Commission voted 7-0 to approve the front yard setback request at 23 feet where 50
feet is normally required as only a minor additional encroachment results at that setback due to the
angling of the home.
Staff Recommendation
Approval per the attached Resolution.
COUNCIL ACTION REQUESTED
Adopt the attached Resolution granting a front yard setback variance for 540 Barrett Avenue.
A RESOLUTION GRANTING A
FRONT YARD SETBACK VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-420 (B)
FILE NO.05-3137
WHEREAS, Robert T. Jaffray and Victoria H. Jaffray, husband and wife
(hereinafter "the applicants") are the owners of the property located at 540 Barrett
Avenue within the City of Orono (hereinafter the "City") and legally described as
follows:
Lots 19,20 and 21, Block 14, MINNETONKA BLUFFS, Hennepin County,
Minnesota
(hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono for a
front yard setback variance per Orono Municipal Zoning Code Section 78-420 (B) to
permit construction of a garage addition onto the existing home including a screen porch
above the easterly 20' x 15.5' of the addition to be located 22.8' from the front lot line
where a 50' setback is normally required, and a covered entry.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 05-3137.
2. The property is located in the RR — 113, Zoning District which requires a
minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The
applicant's property is 0.45 acres in area and 150 feet in width.
3. The Planning Commission reviewed this application at a public hearing
held on July 18, 2005 and recommended approval of the front yard
setback variance based on the following findings:
Page 1 of 5
a. While the 1992 and 1995 variances approved a front yard setback of
25 feet, the 23 feet that exists today was unintentional.
b. The proposal includes no further measurable encroachment to the
existing front yard of Barrett Avenue, and will have no negative
impacts to the neighborhood.
c. All other Zoning Ordinance requirements with respect to structural
coverage, side and rear yard setbacks, and building height are met.
The property is not located within a hardcover zone.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicant and the public, and the effect of the proposed
variance 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 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 front yard setback variance per Orono Municipal Zoning Code Section 78-420
(B) to permit construction of a garage addition onto the existing home including a screen
porch above the easterly 20' x 15.5' of the addition to be located 22.8' from the front lot
line where a 50' setback is normally required, and a covered entry, subject to the
following conditions:
1. Council approval is based on the site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as Exhibit A. Any
Page 2 of 5
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. The shed located in the northeastern corner of the site shall be removed.
3. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (July 25, 2006).
4. 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.
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 property.
Adopted by the Orono City Council on the 25a' day of July, 2005.
ATTEST:
Linda S. Vee, City Clerk
Property Owner(s)
Barbara A. Peterson, Mayor
Page 3 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
2005 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
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
2005 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.
Notary Public
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this _ day of 2005
by Robert T. Jaffray, husband of Victoria H. Jaffray, husband and wife.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2005
by Victoria H. Jaffray, wife of Robert T. Jaffray, husband and wife.
Notary Public
Page 5 of 5
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