HomeMy WebLinkAbout#1968 Recorded Resolution 34996400058 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 9 9
A RESOLLTION GRANTING
VARJ.A~'\JCES TO i\'fUNICIPAL CODE SECTIOI\S 10.23, SUBDIVISION 6 (H),
~,I 2"' n·mnn 11.,1r·,;? 10 -.r Sl,T'I\T'l 'TC'J O'' 16 (J.' iv . -, ::,Uu . .b ~);, -1 ' • .:,o, Jo . ..11,· ~::, ,~ ..,_i,
10.56. SLl3D1YISI0N 16 (n & (J)
AND GRANTING A CONDITIONAL USE PE1U,1IT
FILE !\O. 1968
\YHERCAS , Keith and Vivian B,rngcn (hereinafter the "applkams'') have a:1
imc:re ~t rn the propeny loc::ii:e d ?.L 3500 13aysid~ Road within the Cry of Crcmo (hcrc~ie2frer
"City'') :-md ltg:-llly ccscribed as foJkm s :
Lots 24 and '.25. Audit or's Suhdivi.,ion No. 203. Hennepin Ccnmty. Mir::·iescr;:-i
(h.:rc~im fter the ''property"): and
\VffEREAS, rbe ap;_ilicams have made application to the Ci1y of Ornno '.(' pciwi L
tht con:;m1i:tio1~ of 2. residence ai1d a dfr;eway to save said rcs ic!er,ce, 1-:"::quirir;~ -.·ari:::r;cts re,
.\fon.:cipa! Zoning Code Section 10.2::.. Subdivisil 'll 6 (B) to allov,.-re51demia] use of a im J fo'
in \v•idth whet\; a lot width c..,f 200' is required and ieit area of l. 97 acres \v'l-iere ,: lm arei:! of 2 .U
acres is required, and variances t0 Scctio1:110.22. Subdivisicn 2 and Section 10.56. Subdl\'isio,,
16 r::_) to 2.]lo'N liatdcover in the 0-75" Jakeshore :,,::!back zone to accor:1 1T1odate th~ d r:vew2 _'<
wher:: no h3i.·d ccver is no:111aliy allowed. and a vari,:.nce w Section 10.56. Sc1bcivisio.il 16 (l) tc,
aUow in.r.ens iv (; vcgc~ation clearing to accommodate said dri·v1eway in the 0-75' zone ::md in th e
b;uff .i,11pac1 z.onr:.~ v;tert in te nsive ve~etation clearing is norrnali y prohibited, arn:: a variance to
Sc,.:Iio:: 10 .56. Subdi\:i<on. 16 (Ti i::, ;1ilow ,;radi!1g and filiiI:g within the G-'/5" 12.ke~hore <:-::,bad:
zone ~md v:it.1-iin the bluff impacl :wnc \Vhe:re grading and fiiii:1g is norrn::J:y :Xlc aiio1.\':::ci. and
i ·~·.::·nditic;na\ use perm1~ per Sectio~ 10 .0:;, Su b-.:livis iGr1 19 for lar:d ait('n,i:ions wi1hi~ a i<.'lkcshure
are:-1.
l\'0\V. THEREFORE , BE IT .R.CSOL VED by the Cii; Cc,uncil <A Oroao.
i\'f inri~so1.a:
FI?~'DINGS
1 ·.::-h is app]icaticu w2.s reviewed as Zoning Fi ie #1968.
TRANSFER ENTERED
HENl'iEPIN COUNTY TAXPAYER 9£it-l!CT:S
Page of 8
FEB 21 1995
Form 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '8 4 9 i•. ~
2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning
District requiring 2.0 acres minimum lot size and 200' minimum lot width.
3. The prope11y is approximately 1. 97 acres in area and 165' in width .
..1 Tt-~ Orc:•10 P!anrring Corru:ni:::~ion reviewed ,his application on September J. 0,
1994 and on a vote of 4 to O recommended denial of the proposed variance s and
conditional use pem1it. finding that the proposed driveway location and design
while potentially being the least environmentally disruptive of the alternatives
reviewed by the applicant for a driveway directly to Bayside Road, may have
porentially severe safety problems; that Hennepin County Public Works has
indicated that no location along this property abutting Bayside Road has good
sight distance and that their approval is merely for the most acceptable locatio;1,
and finding that allowing this access is not in the best interest of the City or the
property owner; finding that other means of accessing the site may be feasible via
an easement through adjacent property; finding that drainage issues are of concern
and tave not been adequately addressed; finding that the proposed driveway
results in many mature trees and most other vegetation being destroyed in tbe 0-
75' zone on a steep slope and bluff; finding that the proposed major disrupti·:m
of the hiliside will have a negative visual impact as viewed from the lake; and
finding that the hardships presented do not outweigh the negative aspect of tl1e
propos,!l.
5. Th~ City Council reviewed this application on October 10, 1994 and on a vote
of 4 to O granted conc.eptual approval of the proposed driveway subject to limiring
apron; subject to appli c ant providing a revised plan addressing trie City
Engineer's expressed concerns, to be approved by City Engineer prior to final
Council approval; subject to applicant providing acceptable tree and vegetation
removal schedule and repiacemem plan for City approval; and that no future
variances shall be granted for development of this property.
6 . On November 28, 1994 the City Council reviewed the revised grading plan,
reto.ining wall plan, and tree /vegetation removal and replacement plan submitted
by the applicant and the City Council hereby makes the following additional
findings of fact:
Page 2 of 8
Form 500 5 Di sk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 9 9
a. At 165' in width and 1.97 acres in area, the property is substantially large
enough to accommodate development of a single family residen..:e without
the need for any variances other than lot area. lot width and those needed
for construction of the driveway in the 0-75' setback and bluff impact
zones.
b. The subject lot is served by and has been assessed for sewer as pan of the
Stubbs Bay Sewer Project.
c. The only road right-of-way adjacent to the property is Bayside Road. It
is not reasonable to Jeny access to Bayside Road, and the City cannot
force a neighboring property owner to sell or grant an easement for access
to the applicants' property.
d. Although the proposal w ill eliminate a significant number of trees and
destroy a significant amount of vegetation in the 0-75' zone and on the
bluff impact zone. the impact is beir.g minimized by the construction of
retaining walls w result in less area being disturbed than -,vould be
disturbed if retaining walls were not used and slopes were graded at the
required 3: 1 slope.
e. For the purpose of this application . the tor.al area of the 0-7 5' zone
includes only that area wit)·1in 75' of the shoreline and not within the 66'
right-of-way of Bayside Road. The 0 -75' setback zone therefore contains
an area of 2,970 s.f. Hardcover proposed in the 0 -75' zone is 1,265 s.f.
or42.6%.
f. Applicants have provided a replanting pian which will provide for
screening of the retaining walls as viewed from the lake, and \Vhich
proposes to replace approximately on a tree-for-tree basis the number of
6" diameter or larger trees expected to be removed in both the 0-75' and
bluff impact zones. While the trees to be planted do not match in height
or diameter the mature trees to be removed. said new trees will help retain
the natural wooded character of the lot. It is appropriate in the context of
the major disruption which will occur that applicants · plan be modified to
replace no Jess than one tree for each tree 6" in diameter or greater that
is removed from the 0-75' setback zone .
Page 3 of 8
Form 500 5 Dis k Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 9 9
g. The impact of the proposed plan as viewed from the lake is no greater
than the impact provided by other alternatives for driveway location on the
propeny.
h. With minor rev1s1ons to applicants' plan. the concerns of the City
7. The 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 properties, 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 propeny right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
8. The City Council finds that granting a conditional use permit to aliow the
drive,vay construction in the 0-75 ' lakeshore setback zone wi 11 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
it depreciate surrounding propeny values and that the proposed level of use of the
propeny will be in keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
Based upon one or more of the above findings , rhe Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23. Subdivision 6 (B) to allow residential
development of a lot 165. in width and 1.97 acres in area where 200' of width and 2.0 acres in
area are normally required; and grants a variance to Section 10.22. Subdivision 2 and Section
10.56, Subdivision 16 (L) to allow hardcover in the 0-75' lakeshore setback zone of 1.266 s.f.
or 42.6% where no hardcover is nom1ally allowed: and grants a variance to Section 10.56,
Subdivision 16 (I) and (J) to allow intensive vegetation clearing and grading and filling •.vithin
the 0-75' lakeshore setback zone and within a bluff impact zone where intensive vegetation
clearing and grading and filling is normally not allo\ved: and grants a conditional use permit per
Section 10.03 , Subdivision 19 for grading within the lakeshore zone , subject to the following
conditions:
Page 4 of 8
Form 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 4-q tJ
1. Hardcover in the 0-75 ' zone shall not exceed 1,265 s.f. or 42.6 %, and shall onJy
include the driveway and re raining walls . Hardcover in the 75-250 ' zone shall
not exceed th.:: maximum allowance of 25.0 % or 7 ,219 s .f., and applicants are
placed on notice that it is unlikely that this Council or a future Council would
grant a variance for hardcover in the 0-75' zone.
2. Prior to commencing construction of the proposed driveway, appijcams slv.11
complete the following :
a. Provide for City Engineer revie w and approval a revised plan for the
driveway moving it approximately 5 ' northward near the road access
apron in order that only the entrance portion of the driveway is within the
right-of-way of Bayside Road.
b . Provide for the City Engineer's review and approval a cross section of the
propo sed driveway indicating the presence or absence o f c:urbing and
drainage accommodation .
c. Provide for City Engineer 's review and approval detailed design plans for
the catch basin and culvert proposed at the driveway entrance.
d. Provide for City Engineer's review and approval a detailed design for the
proposed guardrail at the southwest curve of the property.
e. Provide for City Engineer's review and approval detailed design for
:~cn:e mr:f; along e,!>t lin e~ ro prev~nt h e adlight conflict with westbound
traffic .
f. Obtain a permit from Hennepin County Department of Public Works for
the proposed driveway and culvert construction.
g. If driveway construction commences prior to issuance of a building permit
for the new residence , obtain a driveway /land alteration permit from the
City.
Page 5 of 8
Form 5005 o,sk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 4 9 9 ·~ ...
h. Meet with staff on the site to inventory and mark all trees of 6" diameter
or greater in the 0 -75 ' zo ne, and modify the proposed replanting plan to
include replacement of all such trees in the 0-75' zone (on a tree-for-tree
basis) that are ultimately removed to accommodate the construction.
3. Apf)lica nts and their contractors shall adhere to the "Best Management Practices
for Protecting Water Quality in Urban Areas", and sh::ill lakf: whatever erosion
control measures the City deems necessary for erosion control on the site.
4. The City Engineer shall make periodic inspections of the site during construction
and a final inspection of the driveway prior to its final approval.
5. Revegetation of disturbed soils at the site shall inclu de sodding of all disturbed
slopes as soon after commencement of grading as is feasible. The re-pianting
plan for trees and shrubs is attached to this resolution as Exhibit A (to be
modified as noted above), and all proposed plantings shall be completed per said
plan prior to issuance of a Certificate of Occupancy for a new residence on the
property, or within one year of the commencement of driveway construction,
whichever is sooner.
6. Authorities granted by this resoiution run with the property not with the owners,
but are permissive only and must be exercised by application for a building
permit for a residence on the property within one year of the date of Council
approval, or the special conditions of this resolution will expire on that date
(November 28, 1995).
7. \Tiolation of or non-compiiancc with any of ihe terms and conditions or ibis
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned applicants have read, understood and hereby agree to the terms
of this re solution 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.
Page 6 of 8
Form 5005 Disk Droll{)
ST ATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 &, ~: ;,;
1994.
~_t~~-----
Eclward J. er', Jr., Mayor/
7'/Lc -,o ~-
,,
The foregoing instrumem was acknowledged before me on thi s 28th d"y of
:\fovember. l 994. by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono , a Minnesorn municipal corporation and said instrument was executed on
behalf of the City .
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
) ss.
_ _Qg_/11 <---C_~_· ,.,.L--px_. ,_~_6_'.:}_-; i __ l-~----
No c:;i. Public
COUNTY OF HEN~PIN )
On this~---day of ~t7l br ·-' l99t-/ . hefore me a Notary Public
\Vi thin and for said County, personally appeared~ ~ _
kn ow n ro me to be the person(s) described in and who&~ecutedt~going instrument , and
acknowledged that he (they) executed t!1e same as his (their) free act and deed.
Page 7 of 8
Form 5005 Disk Oro no
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 .t.1. <rt) ;1
0 · · 3 / .;j/ d ·· 1 QC\ ,... • r "T
, --------·--____ [~.!(...-~Y, ___ , >./-..::d__ v -J.·J _.. -a -''-'l::t .; ' n 'n1s ay 0 '1' /) vi 1/,i, ~~'· . ·., " "<'-' r·,i·,, r-1 ·1··· " :-.. ,-,·~';"\'
Public _withi~ and for said county' persona ll'~ I ppeared '.ijµ.._d}..1.:i auHd' JI t!Jtlt1f_Ai ----
~U,,;L yi;J V t"-'-? ll ./ known ro me to be the person(s) described in: nd who executed
the foregoing instr6ment , and ack.110\vledged that he (they) executed the same as his (their) free
act and deed.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31 , 2000
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this __________ day of _____ _ , 199
Public within and for said county, personallv appeared ______________________ _
_ k,.1own to me to be the person(s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) frte
act and deed.
-
NOTJ.~RY PUBLIC
Page 8 of 8
Form 5005 Disk Orono
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO \
)
RESOLUTION #3 4 9 0
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held on
November 2 8 , 19 -9.A., and that the same is a true and correct
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 30th -------
day of November , 19_2j__
•,
, City Clerk
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6400058
21 FEB951.5 = 2? A640005E:
21FEE:9515 =2? A640005B SCD $4.50
DOC $16 .00
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1995 FEB 21 PH 3: 28
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