HomeMy WebLinkAboutResolution 4957 •
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CITY of ORONO
AIVO°." RESOLUTION OF THE CITY COUNCIL
NO. 9 5 7
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (A); SECTION 10.25, SUBDIVISION 6 (B);
SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(1);
SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C)(6);
SECTION 10.56, SUBDIVISION 16 (L)(1); AND
SECTION 10.56, SUBDIVSION 16 (L)(2)
FILE NO. 03-2876
WHEREAS, Sevie L. Lanning (hereinafter "the app/scant") is the owner of the
property located at 3329 Crystal Bay Road, within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 6, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County,
Minnesota, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances from Municipal Zoning Code
Section 10.25, Subdivision 6 (A); Section 10.25, Subdivision 6 (B); Section 10.22, Subdivision 2;
Section 10.56,Subdivision 16(C)(1); Section 10.22, Subdivision 1 (B); Section 10.56, Subdivision
16 (C)(6); Section 10.56, Subdivision 16 (L)(1); and Section 10.56, Subdivision 16 (L)(2) to
construct a new residence on the property with a lot area of 3,741 s.f. (0.09 acres)where 21,780 s.f.
(0.5 acres)is required; a lot width of 50' where 100' is required; setback of 48' from the OHWL of
Lake Minnetonka where 75' is required; rear yard setback of 10' where 30' is required; an
encroachment of 16' into the average lakeshore setback; 1,121 s.f. (40.82%)hardcover within the 0
to 75' lakeshore setback zone where none is permitted; and 285 s.f. (28.64%)hardcover within the
75' to 250' lakeshore setback zone where 248.75 s.f. (25%) is permitted, in the LR-1C zoning
district; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on March 17,2003, at which time 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:
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�11/�V 0RESOLUTION OF THE CITY COUNCIL
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FINDINGS
1. This application was reviewed as Zoning File#03-2876.
2. The property is located in the LR-1C Zoning District, where 0.5 acres is the
minimum required lot area. The property consists of approximately 0.09 acres.
3. The Orono Planning Commission reviewed this application on March 17,2003 and
tabled the application in order for the applicant to provide elevations depicting the
height of the proposed structure.The Planning Commission heard the application for
the second time on April 21, 2003 and recommended approval by a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. The lot size and width are substandard for the zoning district;
B. The property contains an existing residence;
C. The majority of the lot is located within 75' of the OHWL of Lake
Minnetonka. The required 30' setback from the rear lot line and 75' setback
from the OHWL overlap, leaving no buildable area on the lot;
D. The 100' of Dakota Rail right-of-way on the rear of the property is not in use
as a rail corridor and is guided for a regional trail in the future. Therefore, a 5'
setback from the rear lot line, rather than the 10' proposed, will not negatively
impact land owners to the south and will allow for a reduction of the proposed
encroachments of average setback and 75' setback; and
E. The proposed house will encroach between 8'-11' into the average lakeshore
setback whereas the existing house encroaches 9'. The neighboring views of
the lake will not be greatly impacted by the proposed encroachment.
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
variances will 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.
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6. 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 variances on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby grants variances
from Municipal Zoning Code Section 10.25, Subdivision 6 (A); Section 10.25, Subdivision 6
(B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.22,
Subdivision 1 (B); Section 10.56, Subdivision 16(C)(6); Section 10.56, Subdivision 16(L)(1);
and Section 10.56, Subdivision 16(L)(2)to construct a new residence on the property with a lot
area of 3,741 s.f. (0.09 acres)where 21,780 s.f. (0.5 acres) is required; a lot width of 50' where
100' is required;setback of 53' from the OHWL of Lake Minnetonka where 75' is required;rear
yard setback of 5' where 30' is required; an encroachment of 8-11' into the average lakeshore
setback; 1,029s.f. (37.47%)hardcover within the 0 to 75' lakeshore setback zone where none is
permitted; and 420s.f. (42.21%)hardcover within the 75'to 250' lakeshore setback zone where
248.75 s.f. (25%) is permitted.
1. Council approval is based on the site plan submitted by the applicant as attached
to this resolution as Exhibit A. Any further amendments to the site plan may
require further Planning Commission and City Council review.
2. Approval is subject to the following conditions:
a) A building of no more than 30' and 2 '/2 stories in height will be permitted to
be constructed on the lot;
b) Overhangs must not exceed 1 '/2' encroachments into the setbacks;
c) A minimal sidewalk may be added from the front door to the driveway, not
exceeding 2' in width. The sidewalk will count as additional hardcover in the
0-75' setback zone, beyond the 1,029 s.f. (37.47%) hardcover proposed;
d) The existing storm water culvert must be located on the property prior to
discussions with City staff regarding culvert relocation. Prior to obtaining a
building permit, a survey showing the proposed relocation of the culvert
within 5' from the rear lot line and 10' from a side lot line will be required. A
drainage and utility easement will be required over the relocated culvert as
well. The costs of these improvements will be the financial responsibility of
the property owner. If the relocation of the culvert cannot be accomplished
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a: . - CITY of ORONO
"V , G RESOLUTION OF THE CITY COUNCIL
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without revisions to the house footprint, those revisions may be subject to
further review by the Planning Commission and City Council;
e) Existing and proposed grading and drainage ways should be shown on plans
submitted for a building permit; and
f) Erosion control measures must be installed, inspected and approved prior to
any work on the site.
3 . Authorities granted by this variance run with the property not with the applicant,
but are permissive only and must be exercised by application for a building permit
within one year of the date of Council approval, or these variances will expire on
that date (April 28, 2004).
4 . Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicant has read,understood and hereby agrees to the terms of this
resolution and on behalf of herself,her heirs,successors and assigns,hereby agrees to
the recording of this resolution in the Chain of Title of the property.
r
�y 'lA d by the City Council of the City or Orono,Minnesota at a regular meeting held on the
;;:'1,..;,44,I:'' ' ! 1, 2003.
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1z filo •ee, City Clerk Barbara A. Peterson, Mayor
Property Ow er(s
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4._ CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�ESII�4 NO. 495
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 28th day of April, 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
4
• . mins.ANDERSON Notary Public
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S 'M1 Sty 1 A
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this l day of April,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.
i
RACHEL DODGE 4. •i - -''
Iv
, t)7 ,`(PUBLIC-MN. 'OTA }i$ aryNotPublic
t- "y Ccnr ssicn Expires Ja- :1 21:5 e'
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this n day of i , , ,2003, , ,, , L . C,-, , u ,>; L. personally
appeared before me,
who is personally known to me
whose identity I proved on the basis of i- :) .
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. /
- .. CENISE M.LESKINEN , , t. y.,___../ . '_m_______
s ` NOTARY PUBUC-MINNESOTA
Notary Public
' ," My Commission Expires Jan.31,2005 ,`
Page 5 of 6
Ogv .47.O�_e O
a - CITY of ORONO
. f I RESOLUTION OF THE CITY COUNCIL
lkES80Vv NO. 4 9 5 '?
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of , 2003, personally
appeared before me,
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.
Notary Public
Page 6 of 6
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` CERTIFICATE OF SURVEY FOR eltlillOrt A
SEVIE LAN ING "s*"`"'"
OF LOT 6, WALLACE' S ADDITION TO MINNETONKA BEACH
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES : \,09t1W Ch -l'''/
Lot 6, Wallace' s Addition to Minnetonka Beoch
o : denotes iron marker found
Bearings shown are based upon an assumed datum. ._ .
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This survey intends to show the boundaries of the above •
described property, the location of an existing house, and '
the proposed locution of a proposed house thereon. lt does
not purport to show any other improvements or encroachments.
I hereby certify that thissurrey was prepared by me or under my Brett super- SCALE
GRONBERG eam& AuvoSSOCIAsaws.TEsTES, INC. rsian,aid that 1 an a ddy registered Civ Engineer and Lad Suveya under 1"=20'
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the lows of the State of Minnesota. DATE
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02-11-03
445 Ulla ME LCNG 4155356
952-413-4141
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(CO Mark S.Cronberg Mimesoto Licen Number 12755 y O.
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