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Home My WebLink AboutResolution 4847 � � ..J,,,y . . . � O� • O 1. O - l. � CITY of ORONO ,� -�.,.. � ,r � RESOLUTION OF THE CITY COUNCIL ��L ��'ti . . . - `�kESI3�g' � � � NO. �� ' A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 10.22,SUBDIVISION 2; SECTION 10.56, � SUBDIVISION 16 (L); AND SECTION 10.56,SUBDIVISION 16 (C) (6) . FILE NO. 02-2808 WI�REAS,James Echtencamp and Jean Echtenkamp,(hereinafter"the applicants") , are owners of the property located at 2800 Pheasant Road within the City of Orono(hereinafter"the City") and legally described as follows: Attached"Exhibit A" (hereinafter "the property"); and W�iEREAS, the applicants submitted an application requesting variances' to_ . Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f.(39.2%)hardcover in the 75=250'lakeshore setback,where 7,856 s.f.(34.9%)exists and 5,624 s.f.(25%)is allowed;and a vaziance to Section 10.56,Subdivision 16(C)(6)to permit an an encroachment into the average lakeshore setback; 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 July 15,2002, 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: FINDINGS � 1. This application was reviewed as Zoning File#02-2808. , 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning . District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. • � Page 1 of 8 ' , . . � h• R O� , 4 � � ' � ,. . I • O � O . -_ � � CITY of ORONO ,� .;.. � - . ��, ti �',� ' G�' RESOLUTION OF THE CITY COUNCIL ��kES�I�� NO. � � � �' • � . 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hazdships: A. Continued use of the properry as residential is consistent with the zoning district and with the development of the surrounding properties. B. The City of Orono had approved variances in 1990 allowing total hardcover on the property at a greater amount than what the applicants have proposed on the site. The actual property hardcover will decrease as a result of the redevelopment. C. The property is a 2 acre lot in a 1 acre zoning district. 66,046 s.f.of the lot is located within 75' of the lakeshore,and only 22,497 s.f.is located within the 75-250' lakeshore setback. 983 s.f. of hardcover that exists on the property� within 75' of the lakeshore will be removed based on the new house's • � location outside the 75' setback. � � D. A hazdcover variance is justified due to the disproportionate amount of land located within 75' of the lakeshore. All the property within 75' of the � lakeshore would provide adequate absorption area. The total hardcover devoted to the house and driveway areas would not increase from existing levels: E. A variance to permit an encroachment into the average lakeshore setback is justified based on the fact the property is a peninsula lot and there is no suitable building site on the entire 2 acres without a variance. The proposed house is located further from the lakeshore than the existing house. � 4. The Council makes these additional findings of fact in regard to this application: � A. T'his property is uniquely situated such that reduction of the 0-75' hardcover below the proposed amount is not feasible, i.e. the small portions of driveway within 75' of the shore is necessary to access the property, and the extensive length of seawall is necessary to prevent . shoreline erosion. • B. While limiting hardcover in the 75-250' zone to the 25% standard is feasible, such a limitation would result in the construction of a residence that would not be in keeping with the character of the existing Page 2 of 8 c , � O� • O ',� ^ O � CITY of ORONO � .,: � �r.• � ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kES�I�4 � NO. � � � � neighborhood and surrounding homes. . C. The properry is efFectively surrounded on three sides by lakeshore. Therefore,the square footage of pervious surface (lawn) that is located between the proposed hardsurfaces and the lake is significantly greater than that of typical lakeshore lots. A typical conforming 140' wide, 310' deep LR-1B lot would be allowed 10,400 s.f. of hardcover whose runoff would be absorbed over a 10,500 s.f. 0-75' zone, or about a 1:1 ratio. On this property,however,basecl on the location of proposed hardcover and the topography,the runoff from 8,800 s.f. of 75-250' hardcover will be absorbed by an azea 75'x350' or 26,000 s.f. within the 0-75' zone that is � directly downhill from the hardsurfaces. This results in a"hazdsurface-to- functional-absorbtion-area"ratio of about 1:3, i.e. much greater functional absorbtion azea than a typical lot. This phenomenon is unique to this lot � . . and the_very few similarly situated lots in the City, and acts to mitigate the . • impacts of hardcover in excess of the 25%normallimit. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property iri 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 tlie applicants,but is necessary to alleviate a demonstrable hardship or di�culty; 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 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 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 to Municipal Zoning Code Section 10.22, Subdivision 2 and Section �10.56, Subdivision 16(L)to permit 8,810 s.f.(39.2%)hardcover in the 75-250' lakeshore setback, where 7,856 s.f. (34.9%) exists and 5,624 s.f. (25%) is allowed; and a variance to Section • 10.56, Subdivision 16 (C) (6) to permit an an encroachment into the average lakeshore setback, subject to the following conditions: • Page 3 of 8 . . � O� • O O G '� � �," CITY of ORONO g..� � ,� y� _ . - . . .� . � RESOLUTION OF THE CITY COUNCIL '��'.� , �,O~ . . . . . �kESIIO'4� _ NO. •� �� 1. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. Final plans include providing a new survey indicating all existing � and proposed grade levels as well as all proposed site changes. All such drainage is required to be directed to the low area of the property. 2. The property shall be developed in general conformance with the site plan attached as Exhibit B, including removal of all hardcover as noted on the site plan. 3. Authorities granted by the variances 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 (August 12, 2003). � 4. Violation of or non-compliance with any of the terms and conditions of the variances � 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 owners have read,understand 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 of Orono, Minnesota at a regular meeting held on the 12�'day of August, 2002. � ATTEST: . - /.,� l/,�e- ' �.in a-S.Vee, City Cler • � Barbara A. Peter n, Ma or � ``�-�; _ pplicants ' I I • . , Page 4 of 8 � O,�. � , � � � . . � . ' � � � CITY of ORON� �. ,� -�..:. � � �,� � G�'� RESOLUTION OF THE CITY COUNCIL ��kESI3�4� � � � NO. � � � �' . _ � STATE OF MINNESOTA � COUNTY OF HENNEPIN � ��ti Tlie foregoing instrument was acknowledged before me on this �2�'day of August,2002 by . Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� °' '. RACHEL DODGE . n� •��'-a`,�� NOTARY PUBLiC-MtNtJE^OTA � �-- �U� G�—' ,�:�:'•.`'••:' Wry C.orrxr�ssbn ExpN+as Jan.31�2005 ��• . Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instnunent was acknowledged before me on this � � �� day of . ��(,�:� c,t��- , 200 � 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. �''�''� RACHEL DODGC �Q�_��-- �v�" � p:1: . � �4� ��r�� r.. �, ,,-_�-f NOTARY PUBLIC-M.,l�.," -%� • ' w;j,.✓ My Commission Expires Jsn : � Notary Public :c..,�,ya�;. e, :.r.:c.�,.:•-•-^, r'' . STATE OF MINNESOTA � COUNTY OF HENNEPIN � . Ori this %d day of � /71�./ , 20� � �. ��e.n I�rt`I'eeQ � 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/�rmation , 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 ` NpTqRy pUgLiC.MINNESOTA �y�y�omMsSion Expires Jan.a�,2�5 Notary Public Page 5 of 8 �°� . • o . � � '� � CITY of ORONO 3 � �'��i. . � � � �',� � G'�'F � � RESOLUTION OF THE CITY COUNCIL � � �`�kEsKO�`'� � rvo. 4 � � � - . STATE OF MINNESOTA COUNTY OF HENNEPIN On this /D day of��, 20 03,_ ;TeC�Il �C��1-4fl in�rn 1� personally appeared before me, � who is personally known to me �whose identity I proved on the basis of � �U � �- whose identity I proved on the oath/�rmatiori , 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 � . ' , PIOTARY PU8L1C-MINNESOTA' • NOtaly PUbI1C (ufy Cordnioebn F�cpires J�n.31,Z005 • • - ' , . ,` . • - Page 6 of 8 t .. • Exhibit A ' � ' ' . � . . � . � . � i . • . • i - � . . � , � . . � 4 � 47' . � �. �� rr: l ,q i}E'�'RtPTION �F PREHISES � , . ' . , • ; ' ' . . , ' . . ; 'Lot 13•nnd thnt part of Lot i�, 'Pheasnnt Lar�', descrtlied�as,follors�•Begtrx�ing'ot the. � • ' •Soutf�ec�s-t'erly or� nas# Ensterly cornei-•of' Lot .13 h•sald.'Pheasnnt L�ntrri'j thence t�t-th�restei-ty � � alor�g t!� dv�aGng;llne�between Lots 13 o.i�d,14 to the •North�asterl'y a^•nost•Narther.Cy ecr�ner • • . �eP snW Lat 131 ihence easterly, deflectlri�.et:o.r�•nngle of•127 degrees 15�r�trtiutes to th� ri�ht' • f�-a, tust descrlbed eoa'rse, o dlstnnce of 120 feetJ �EJ�ente southeesterly pnrdttei:with.-tfie �v18(ng : Une between sntd Lots 13 and 14• n c8staric'e af 208 feet1 thence easteri�y deflectfn�'at nn nngte ef 54 degrees no nlnutes to the left' fror�•lns't descrlbQOl course, o•elistnnce of 38.5 .peet� • . ' • . thence at p rtght .angle.southerly 75'•feet, nare cr. Iess,. to the share of Lrike Hlnnetonkn� . � . thence �resterty along the• shore of•�sold�lake..ta tlie polnt•of .tsegtru�ing,,nccarding to the.pl6t � thereof on fl[Q nnd of record�ln tf.�e offlce ofi the•iteglstrn,r of'Tities, h nn fnr snid County o.nd Stnte• . • ' � ' ' . • . Page 7 of 8 � . • Exhibit B /� , . . . . . . . : . . � � � � . :� - 4�� 4 �' �; : . � . . . � . O� � . �. . . . - � � ; : �� . � . . . . . . . � : . � � . . � �, � � . � � . � . - � . � � � . J2 � . . ,q��. � � `�� ' �S. �o . . . . . � . .. � . . . � . �f�o- S 8\179 OS'30' E . � � o�� 0.27 • . � _ . . . :�� r�mc asoi , . — . . � � rr. � , , . � ' . � v O �� 4YA .tY lOt aDOt � ' . . , . 1 .t• \ . . . ' \ . . . �� • . . . . � - � ., \ . : ., . • \ . , �:�j: K� . . x � 7'.j'S�Bl�1(L� . 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