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Home My WebLink AboutResolution 4991 i ' ' I O� . • O �� O . g � CITY of ORONO , � , �'a :. .. ti � � G, . RESOLUTION OF THE CITY COUNCIL �`9kESIIOg'� NO. � 9 � � ' A RESOLUTION GRANTING VARIANCES . TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5(B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16(L)(1); SECTION 10.56, SUBDIVISION 16(L)(2); SECTION 10.56, SUBDIVISION 16(�(2) AND DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22,SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 03-2885 � � WHEREAS, Killian's Gate LLC (hereinafter "the applicant"), represented by Dr. Dennis Killian and Diane Killian,husband and wife,are the owners of.the properties located at 1280 and 1290 Spruce Place, within the City of Orono (hereinafter "the City") and legally described as follows: • Lots 3 and 4, Block 10, SAGA HILL REVISED, Hennepin County, Minnesota � (hereinafter"the property"); and �� WHEREAS, the applicants have applied to the City for variances from Municipal Zonin� Code Section10.24,Subdivision 5(B);Section 10.22,Subdivision 2; Section 10.56,Subdivision 16 (L)(1); Section 10.56, Subdivision (L)(2); and Section 10.56, Subdivision 16 (J)(2) to permit construction of a new residence on the property with a lot area of 18,553 s.f. (0.43 acres) where 43,560 s.f.(1 acre)is required; a lot width of 99' at the OHWL and the 75' setback from the OHWL where 140'is required; l l l s.f.(1.47%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted; 3,303 s.f. (30%)hardcover within the 75' to 250' lakeshore setback zone where 2,753 s.f. (25%)is permitted; and grading and filling within 75' of the OHWL of Lake Minnetonka where no grading nor filling is permitted, in the LR-1B 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 Apri121,2003,and again on May 19,2003,at which time all persons desiring to be heard concerning this application were given the opporlunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � • , Page 1 of 6 . � ` ` Q� .. . . � • O '• O - s CITY of ORONO ,� �,- � , ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESI30g' NO. --�—��—�— l. � This application was reviewed as Zoning File#03-2885. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately 0.43 acres. � 3. The Orono Planning Commission reviewed this application on April 21, 2003 � and recommended tabling the application by a vote of 7 to 0 to allow the applicants to reduce structural coverage and hazdcover within the 75'to 250' setback�zone.The � application was reviewed at the May 19, 2003 meeting and a recommendation to � approve portions of the application was adopted by a vote of 4 to 2. 4. The Planning Commission made the following fmdings of fact: A. A new home cannot be constructed on these properties until they aze legally • combined as one lot; B. The removal of the existing house requires grading and filling within 75' of the OHWL; . C. Replacement of the existing retaining wall is not proposed in the 0-75' setback zone at this time and would require a new application in the future; D. The proposal does not require a variance for lot coverage by structures; E. The proposed new construction exceeds the 25%maximum permitted hardcover within the 75' to 250' setback zone. It is possible to meet this requirement on the legally combined lot without the granting of a variance; F.� Applications for hardcover beyond the maximum permitted proposed for new � construction have consistently been denied over the past four years; and G. No suitable hardship can be identified to support excessive hardcover in the _ 75' to 250' setback zone for new construction on the combined lot. � . 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 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. � Page 2 of 6 � , . � �� ' - - � .. • O �+ O � C ITY of ORONO � ' f � , � �� G�' . RESOLUTION OF THE CITY COUNCIL �kESI10g' . NO. � � �° � 6. 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 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 Section10.24, Subdivision 5 (B); Section 10.22, Subdivision 2; Section . 10.56,Subdivision 16(L)(1);Section 10.56,Subdivision(L)(2);and Section 10.56,Subdivision 16 (J)(2)to permit construction of a new residence on the property with a lot area of 18,553 s.f. (0.43 acres) where 43,560 s.f. (1 acre) is required; a lot width of 99' at the OHWL and the 75' setback from the OH�1VL where 140' is required; 111 s.f. (1.47%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted; and grading and filling within 75' of the OHWL of Lake Minnetonka where no grading nor filling is permitted;and hereby denies a variance to Section 10.22, • Subdivision 2;Section 1�0.56,Subdivision 16(L)(2)for 3,303 s.f.(30%)hazdcover within the 75'to 250' lakeshore setback zone where only 2,753 s.f. (25%) is permitted. Approval is subject to the following conditions: 1. Staff acceptance and approval of an amended site plan, incorporating all of the above-listed approvals, is required prior to issuance of a building permit. 2. Approval is subject to the following conditions: a) Application for combination of lots 3 and 4 must be made prior to issuance of _ � a building permit; � b) The grading plan shall show a defined swale along the northwest lot line to � take storm water towards the lake and away from 1270 Spruce Place; c) Grading shall be coordinated with the proposed development at 1300 Spruce � Place so that drainage from both parcels is directed towards the street or the lake; d) Driveway grades shall be shown on the plans and should not exceed 10%; e) There are currently water and sewer services provided to each property, only � one of which will be needed for the new home. The unused sewer service should be removed to the Cifiy right of way and sealed to prevent infiltration into the sanitary sewer system. The old water service should be abandoned and the curb stop shut off. Sewer and water removals must be inspected and • Page 3 of 6 � � o � . . . � � . • � �. ° . � CITY of ORONO � .: :. � - . , ti �� G~' RESOLUTION OF THE CITY COUNCIL � �kESSOg' NO. � � � �- approved by the City's public works,department; and fl Erosion control shall be installed, inspected and approved prior to any work on site. . � � 3 . Authorities granted by this variance run with the property not with the applicants, � 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 (June 9, 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 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. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 9th day of June,2003. ' ATTEST: �C� �/� , Lirida .�1ee, Cify Cler Barb A. Peterso , Mayor � � . - Property Owner(s) � � • Page 4 of 6 . , t _ + . .. � 4� ' - .. .. • O �• O - . � CITY of ORONO � ; --- ; � . , ti �� G~' � RESOWTION OF THE CITY COUNCIL `9kEs�I��' . NO. � � � � STATE OF MINNESOTA � . COUNTY OF HENNEPIN �� The foregoing instrument was acknowledged before me on this 9th day of June, 2003,by Bazbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1��--l�-�uJ . . ` . Notary Public .. � AUSSA A.WINTERNHEIMER . NOTi�RY PUB�fC-MINNESOTA ' �fi'��misslan Expires Jan.31,2ppB , STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1 Z��day of June,2003 � by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said insmzment was executed on behalf of the City. t;..�-�x:�-,� � �T� RACHEL QODGE r (;�� O O� `, �, j NOTARY PUSLIC-MINNE?OTA ° � r;, ��' MY�anmission Exptre�Jan.31,�oa5 Notary Public �� --•,> �r ' STATE OF MINNESOTA COUNTY OF HENNEPIN � On this�day of J u ,2003, I J L—�N I� S. �I��T,�},�,� , e1h�r<<•�f personally _ appeared before me, � � � . - who is personally known to me � � whose identity I proved on the basis of ti�lN > 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 NOTARY PUBLIC-MINNESOTA • �y�y�ommission Expires Jan.31,2GC5 Page 5 of 6 , . � w. � • �� - .. . .. � � O �: O s CITY of ORONO � : ;. � . , ti �� G�' RESOLUTION OF THE CITY COUNCIL �kESI��4 � . " NO. � � � A . STATE OF NffNNESOTA COUNTY OF HENNEPIN On this�day of`T�_ ��_�, 2003, ,��Gn.c. � kic c%L a<r,'c��' nersonally . appeared before me, �� who is personally known to me � �� ,�. ✓�whose identity I proved on the basis of , � whose identity I proved on the oath/affirma�ion 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 �� . N4TNRypUgLIC-MINNESOTA NOt�PUUIIC ., ;.� My Commis�bn Expfres Jan.31,2005 . �;,� . � Page 6 of 6