HomeMy WebLinkAboutResolution 4935 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�L`9kESH0 NO. 4935
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(C), 16(J) AND 16(L);
AND A CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBD. 19
- FILE #03-2865
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:
Lot 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,
Subdivisions 16(C), 16(J) and 16(L) and a conditional use permit per Section 10.03, Subd. 19,
to permit the construction of a gravel driveway constituting hardcover in the easterly 0-75' zone
where no hardcover is normally allowed; to permit construction of a deck in the westerly 0-75'
zone constituting structure and hardcover within 75' of the shoreline where no structure or
hardcover is normally allowed, and constituting an average lakeshore setback encroachment
where none is normally allowed; and to permit construction of walkway in the 75-250' zone
constituting hardcover in excess of 25% where only 25% hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #03-2865.
2. The property is 10,322 s.f. or 0.24 acres in area west of the roadway; formal
acquisition of accretions east of the roadway would bring the total lot area to
approximately 13,922 s.f or 0.32 acres. The property is located in the LR-1C
Single Family Lakeshore Residential Zoning District.
Metro Legal Services Inc.
BOX 491 Page 1 of 7
a, CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�L�kESI;04NO. 4 93 S
3. The Orono Planning Commission reviewed this application on February 19, 2003
and on a vote of 4-2 recommended approval of the requested variances to allow
retention of an after-the-fact 4.5' x 12' deck in the westerly 0-75' zone;
construction of a 4' wide walkway between the house and the garage in the 75-
250' zone; and development of a 400 s.f. gravel parking area in the easterly 0-75'
zone, based upon the following findings:
a) The 20'x20' parking area is a reasonable request because the possible
parking area in front of the garage is 17'-19' deep from the door to the
traveled paved roadway. The average compact car is 14' long, and
nothing longer than that could comfortably park in front of the garage
without affecting traffic.
b) With the road width being only 18'-20' wide, there is no ability to
parallel park cars on the street. A parking area for two vehicles on the
east side of the road would potentially be of benefit to the neighborhood
as well as to the applicant in terms of safety and reducing congestion.
C) In keeping with the variance standards of Section 10.56 Subd.16(J)(3),
because cars will be parked very near the lake, applicant should provide
shrubbery between the parking area and the lake for screening of vehicles,
and the parking area should be limited to a depth of 25' measured from
the edge of the traveled paved road, yielding a 25-30' lake setback, and
the shed next to the lake which constitutes unnecessary structure and
hardcover on the site should be removed. Applicant should also obtain
any other agency permits necessary to allow the placement of hardcover
near the lake.
d) The westerly 0-75' deck is supported by sufficient hardship, because it is
needed to serve the adjacent room and patio door, and will have no
significant impact on neighbor's views of the lake as well as no impacts
as viewed from the lake, given the recently approved landscape plan
which calls for trees along the extended north line of the house, which
would soften the visibility of the deck.
Page 2 of 7
._ CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�`9kESYiD4`� NO. 4 9 R 5
e) Applicant has confirmed that the proposal submitted for a 12'x24' deck
between the house and garage was incorrect. The actual proposal is for
a widened walkway between the garage deck area and the house.
Planning Commission concluded a 4' walkway would be sufficient to
provide for safe pedestrian travel between the house and the above-garage
deck, and a larger walkway is unnecessary given the large deck already
existing above the garage.
fl Planning Commission concluded the hardcover increases associated with
the proposed parking area, deck and walkway are justified by the
hardships noted.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance and CUP 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.
6. The City Council finds that granting a conditional use permit for the proposed
grading to create a parking area in the east 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.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��`9kESII0 NO. 4 9 1
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Sections 10.22' Subdivisions 1 and 2; 10.55, Subdivision 8; and
10.56, Subdivisions 16(C), 16(J) and 16(L) and a conditional use permit per Section 10.03,
Subd. 19, to permit the construction of a gravel driveway constituting 400 s.f. of hardcover in
the easterly 0-75' zone where no hardcover is normally allowed; to permit construction of a
4.5' x 12' deck in the westerly 0-75' zone constituting structure and hardcover within 75' of the
shoreline where no structure or hardcover is normally allowed, and constituting an average
lakeshore setback encroachment where none is normally allowed; and to permit construction
of a 4' wide walkway between the garage deck and the house in the 75-250' zone constituting
hardcover in excess of 25% where only 25% hardcover is normally allowed subject to the
following conditions:
1. Hardcover and structure in the westerly 0-75' zone shall be limited to 27.0% as shown
on the attached site plan and table. Any changes to the site plan shall be subject to
further City review. Applicants and their contractors shall strictly adhere to the
revegetation and planting plan approved for the westerly 0-75' zone in Resolution No.
4925 to ensure adequate screening of the deck as viewed from the lake. Applicant shall
provide the Building Official with suitable plans for the 4.5' x 12' deck, shall obtain an
after-the-fact building permit for the deck, and shall make any changes necessary to the
deck to comply with building code standards.
2. Hardcover in the 75-250' zone shall be limited to 26.4% as shown on the attached site
plan and table. Any changes to the site plan shall be subject to further City review.
Applicant shall obtain a building permit if required by the building code for the 4' wide
walkway prior to its construction.
3. Hardcover associated with construction of the parking area in the easterly 0-75' zone
shall be limited to 11.1% as shown on the attached site plan and table. Applicant shall
obtain a land alteration permit from the City and any other agency permits that may be
required, prior to further work associated with the gravel parking area. The following
additional conditions shall be met regarding the easterly 0-75' zone:
a) Applicant shall provide shrubbery between the parking area and the lake for
screening of vehicles, such vegetation to be established during the 2003 growing
season; number and species of plantings to be approved by City staff.
Page 4 of 7
as= CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
ESH0 NO. 4 `R?
b) The parking area be limited to a depth of 25' measured from the edge of the
traveled paved road, yielding a 25-30' lake setback. The gravel parking area shall
be no closer than 5' from the northerly and southerly lot lines.
C) The shed next to the lake shall be removed from the property by June 1, 2003.
Failure to remove the shed shall constitute a violation of this approval.
4. Authorities granted by this variance and CUP 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 (March W, 2004).
5. 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.
6. 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
to the recording of this resolution in the chain of title of the property.
4'
R
Adol'ied by the Orono City Council on the 10th day of March, 2003.
r
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rt� 1 t p
� x
ity Clerk Barbara A. Peterson, Mayor
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PropO«ner(s)
Page 5 of 7
p � O
'� �.. CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L�kESII04� NO. 4 9 5 5
STATE 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.
a-
Notary Public
ALISSA A.VANTERNHEIMER
NOTARY PUBLIC-MINNESOTA
STATE OF MINNESOTA My "Expir s.Jan.3i,2
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this
.�_ day of
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.
tt RACHEL DODGE Notary Public
ICTARY PUBLIC MINNE"0TA
%"y Comn:ssion Expires Jan.39,2005
Page 6 of 7
..
� O _ V
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��`gkESI3�4�G NO. 4 �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this a day of , 20 �
personally appeared before me, 'rte K6-V4'4 MANL�&V
who is personally known to me
whose identity I proved on the basis of 4L-W O L
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.
DENISE M.LESKINEN
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,20C'3 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
c J
On thisL day of ' �.,. , 20 G 3, k-k v r Kl �? Q
personally appeared before me, -AKiFT' AA LEV
who is personally known to me
_ whose identity I proved on the basis of ��(�
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.
RACHELDODGE r
NOTARY PUBLIC-h11'r., 'OTA
My Commission Expires J;n i', ,00S1!
`5 Notary Public
Page 7 of 7
AL
boundary tines of the legal description you O APPROVED HARDCOVER
y � EXHIBIT A
Pro
'? ( {rest 0-75'Hardcover: Approved Retaining RESOLUTION NO. 4935
Wall&Landscape Existing/Previously Approved Approved per Resolution No.4935
Plan,"Option 1"and West 0-75'Hardcover 1540/5861=26.3% 1582/5861=27.0%
ICI1i: Approved Deck
House 983.7 sf 75-250'Hardcover 1120/4462=25.1% 1176/4462=26.4%
111�1i
Stone Steps and Landings 173.4 sf East 0-75'Hardcover +650/3600=18%(incl.shed) 400/3600=11.1
Boulder Walls 382.5 sf (Shed must go,20x20 portion of gravel
may remain)
mi 1 Flagstones - Approved
mill Deck 42 s.f.*
Total{gest 0-75'Hardcover 1,581.6 sf J� 54 &L Deck
`iT 1 0-75'Zone Area 5,860.7 sf
Am, {rest 0-75'Hardcover% 27.0%
!W 947.06 �Nc
0 C'S .08
Co 943.
X 94 3 4s•23 N 64• Approved Gravel
8 -q-)
. 9 7 X -4.9422 9 44.877 S7,08 Parking Area
\r L, .O // 938.064\ ;p
9 90 �v^� 40. 5
945.66 X94 . 946// 08
8 9 ��� N �
938!4b 2 7 1 s X945.74 2-
- 0
3 .7 1 9-9 .8.55 7 2� X9 9�
942 91 937 8 38.97 �fq Q STO,Qr� , X94 .
� ��� 944.6863
944 47 ? �O�y � �C gfYF =�C�Q� X93 . �
29� If I9 945.06 X .31 0'2 F �; 944.20 U�2o X941. *X9 455
�- 46.42X947.1
Q' 1� f C' X944.03 X943.11 �C 36 \ 93 .20
X946. 8 6 9 �e 43.27 41.99 \ �, / .40 /'/
X .79 h / \� g34 6
:fication, Te 75-250'Hardcover Analysis 946.46 �\ �/ \ � ``4S'0
S 3
at I am a lic Approved
-1 \ 4 8 �Y
75-250' �' _ t
s P
,vs of the St Hardcover X9�-= C 943.11 rl 93 •12 1.34.3
House 333.2 sf S` �Q� �> • c�9�q 9 3 , .95 9 4.1 933.13
Garage 558.4 sf 6811. 3.91
Driveway 74.6 sf s2s., /A�� ��r. 933.60 ��A 32._`
-35 Sidewalk 153.5 sf ` JS 1 JKN��O' 3.97 6 /
4'x 14'Walkway 56 s.f. 6'Y/S` f QJ k I I\. / 932.25
Total Hardcover 1176 sf Q nNc 34. �� / 5- //
/ G&
�V � •, et/
Area of Zone 4461.5 sf Ne 6.15 93 A '�1 929.4V1',k
Approved 75-250' 26.4%
Hardcover% ---- 2.72 g31 P
/ ,933.50 X93 4 r 929.460
Approved e 933 [� 4v i �-6 o
4' Walkway �� o
RAPHIC SCALE X931.48931.61 pry�/ 929.71
o to 20 so / .S \48 31.29 �
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