HomeMy WebLinkAboutResolution 4871 � -
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�',� I G�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MITNICIPAL ZOI�tING CODE �
SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22,
SUBDIVISIONS 1 AND 2; SECTION 10.56, �
SUBDIVISION 16 (L) 1 AND 2; SECTION 10.55,SUBDIVISION 8;
� AND SECTION 10.61, SUBDIVISION 5 (A) �
FILE NO. 02-2813
WHEREAS, Mark Welch, (hereinafter "the applicant") is owner of�the property
located at 3625 North Shore Drive within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 9,Auditor's Subdivision No.273,Hennepin County,Minnesota(hereinafter"the
. property"); and
• WHEREAS, the applicant has applied for variances to Municipal Zoning Code
Section 10.22, Subdivisions 1 and 2,Section 10.55, Subdivision 8 and Section 10.56,Subdivisions
16 (L) 1 and 2 to permit 680 s.f. (18.1%) hardcover in the 0-75' lakeshore setback where 660 s.f.
(17.6%)hardcover exists and no hardcover is allowed, and to permit 884 s.f. (51.6%)hardcover in
the 75-250'setback where 932 s.f.(54.4%)hazdcover exists,not including the shared driveway,and
428 s.f.(25%)hazdcover is allowed;Section 10.25,Subdivision 6(B)to permit new construction on
the lot with a defined lot area of 5,462 s.f.where 21,780 s.f.is required and a lot width of 50'where
100'is required and to permit a side yazd setback of 5'for the house where a 10'setback is required;
and Section 10.61,Subdivision 5(A)to permit one off-street parking space to be located 3'from the
adjacent properry line where off-street parking in"R"districts where a 10' setback is required;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 August 19,2002,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.:
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RESOLUTION OF THE CITY COUNCIL
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FINDINGS
1. This application was reviewed as Zoning File#02-2813.
. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning
District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot
width. The property is 5,462 s.f.(absent the traveled portion of the shared driveway)
and has a lot width of 50'. •
3. The Planning Commission reviewed the application for variances and recommended
. approval of a revised plan by a vote of 7 to 0 based on the following findings�and
hardships:
A. On February 25, 2002 the City Council adopted Resolution No. 4763
approving variances to permit new construction on the property.
• B. The applicant had submitted a new variance application on July 16, 2002
requesting two changes to the�site plan approved per Resolution No. 4763:
a) To permit the southwest corner of the house to be shifted 1'towards
. � the west side properry line. _
b) To permit a 4.5' prow and 5' eave addition to the lakeside of the
residence. -
C. The City of Orono has routinely granted variances to lot azea and lot width
for redevelopment on non-conforming lots in the City. The property does
meet the criteria that is normally considered when zeviewing such proposals.
The property is connected to sanitary sewer and the house would be located
in an area above the regulatory flood plain. ���
D. Overall hardcover on the property would decrease.
E. The land elevation is about 4' higher than the ordinary high water level of
Lake Minnetonka. The lot cannot accommodate a basement.
F. The new house is proposed to be located 53'from the lakeshore where a 75'
• setback is required. Both adjacent houses aze within 50'of the lakeshore.
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G. The proposed house cannot meet a 75' setback due to the location of the
shared driveway access on the property. The house is located to within 2'of
the edge of the drive. •
H. The 5' side setback has been requested to provide one additional parking
space on the property. The Zoning Code requires residential properties to
have 2 off-street parking spaces. To accommodate a second parking space
next to the house, a side setback variance is required because the house is
shifted towards the west side property line. The parking stall must be located
between the house and side property line due to the shared driveway located
behind the house. The driveway is narrow and permanent parking within the
driveway area would block through traffic.
I. No parking is available on the opposite side of the shared driveway as the
land immediately begins to rise to the elevation of North Shore Drive.
• J. A typical parking space in a commercial area is 9' X 20' in size. The
proposed parking area would be approximately 10'X 20'.
K. The Planning Commission advised the applicant the house should be
designed to meet the minimum 50'lakeshore setback as generally advised by
the DNR and not encroach any further into the shared driveway than the
existing house is located. Locating the house any closer to the lakeshore or
into the driveway would set a negative precedent for redevelopment of the
properties located on the shared driveway. Anybuilding in this neighborhood
� within 50' of the lakeshore would not be consistent with the policies
established by the City for lakeshore development.
4. THE CITY COUNCIL HEREBY MAKES THE FOLLOV�IlVG ADDITIONAL
FINDINGS: � �
A. The City Council finds the driveway width shall not be encroached upon to
allow adequate area for emergency vehicle access to all properties served by �
the driveway. Any encroachment would eliminate parking spaces and reduce �
the traveled width. It is the position of the City of Orono that the entire
driveway shall be encouraged to have an improved width of 24'. 24' is the
• standard minimum paved width for a private road.
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RESOLUTION OF THE CITY COUNCIL
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B. The lakeshore setback has been established by the location of the existing
houses on the adjacent lots. The proposed location of the applicant's house,
although not 50' from the lakeshore, is consistent with the development
pattern of the neighborhood. The fact that the private driveway crosses this
lot and adjacent lots requires the concentration of development to be within
75' of the lake.
C. The proposed size of the house is less than 1,500 s.f. 1,500 s.f.is the allowed
size for structures on this properry. The Council determined a 1,500 s.f. ,
building is too lazge for this property based on the magnitude of hazdcover
' ° and setback variances that would be needed, but the 1,241 s.f. proposed
'` building is consistent with the development patterns of this neighborhood.
D. The fact that a shared driveway is located on this properry is unique to this
neighborhood. The driveway divides this properry and adjacent properties,
and thus reduces the buildable portion of the lot. The driveway cannot be .
• relocated to allow any buildings further from the lakeshore due to a steep
grade that exists to accommodate the approach for the channel bridge. Any
relocation'of the private driveway further to the north would require removal .
of large amounts of the hillside and installation of retaining walls and
, additional hardcover on the properiy. It is concluded the best option to
protect the County Road and the lake(by not allowing additional hazdcover)
is to a11ow the house to be located closer to the lakeshore.
E. The variances are justified as the private road shall be left in its current
location while encouraging an improved width for the entire driveway of 24'.
5. The City Council finds that the conditions existing on this property are peculiaz 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. . �
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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 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, Subdivisions 1 and 2, Section 10.55,
Subdivision 8 and Section 10.56,Subdivisions 16(L) 1 and 2 to permit 680 s.f.(18.1%)hardcover in
the 0-75'lakeshore setback where 660 s.f.(17.6%)hardcover exists and no hardcover is allowed,and
to permit 884 s.f.(51.6%)haxdcover in the 75-250'setback where 932 s.f. (54.4%)hardcover exists
and 428 s.f. (25%)hardcover is allowed(hardcover does not include the shared driveway); Section
10.25, Subdivision 6 (B)to permit new construction on the lot with a defined lot area of 5,462 s.f.
where 21,780 s.f. is required and a lot width of 50'where 100'is required, and to permit a side yard
• setback of 5'for the house where a 10' setback is required; Section 10.61, and Subdivision 5 (A)to
permit one off-street parking space to be located 3'from the adjacent property line where off-street
parking in"R"districts is required to be set back 10', subject to the following conditions:
1. The existing shed and all hardcover proposed for removal shall be removed prior to
issuance of a Certificate of Occupancy for the new residence.
2. Gravel shall be removed from the parking area to leave a minimum 3'setback to the
property line.
3. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is
properly directed. �
4. The property shall be developed in conformance witli�the site plan attached as Exhibit
A.
5. The existing arborvitae between the applicant's lot and the property to the west shall
be maintained to ensure adequate screening between the properties.
6. Authorities granted by the variances run with the property not with the applicant,but
are pernussive 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
• (October 14, 2003).
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RESOLUTION OF THE CITY COUNCIL
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7. 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.
8. The undersigned owner has read,understands and hereby agrees to the terms of this
resolution and on behalf of himself,his heirs, successors and assigns,hereby agrees
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 14th day of October,2002.
ATTEST:
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• Linda S. Vee, City.Clerk Barbara A. Peterson, Mayor
,��.� .� .�z��
Property Owner
STATE OF MINNESOTA �
COUNTY OF HENNEPIN _
The foregoing instrument was acknowledged before me on this 14th day of October,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.
(,t�-��z�o l� t+� ►1�11l�1�{�li�.da� .
Notary Public
ALISSA A.WINTERNHEIMER
NOTARY PUBLIC-MINt�SOTA
' .,,;� hAy Camm(ssion Expires Jan.31,2006 '
�.�...,.,.,..,,-��____._ . .._ .----------•- �
•
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RESOLUTION OF THE CITY COUNC�L
�L`9kEsi3�g'�G � N O. � $ °� �.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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T foregoing instrument was acknowledged before me on this ��r day of
�,200 02 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 DODGE
'�`�``�` NOTARY PUBLIC-MINNE^OTA
I"M�`k�� MyCorrur�lonFxpke�Jan.31,2005 �..�,��. `�C?C�-°��j�
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Notary Public
STATE OF MINNESOTA �
COUNTY OF HENNEPIN
On this�day of (i�fio,�'�c-� , 20 02, �.�-� �, l,v e,<<c.� personally
� appeared before me,
who is personally known to me
� whose identity I proved on the basis of 1�t►V D L '. �
whose identity I proved on the oath/affirmation , 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.
No
STATE OF MINNESOTA DENISE M.LESKINEN
COUNTY OF HENNEPIN � No�ra��r�-��s�A
My Conu�lon E�S Jan.31�2005
On this day of ,20_, �' personally
appeazed before me, '
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation , 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
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, CERTIFICATE OF SURVEY FOR Exhibit a �RO9�� ����
. IVtARK WELC � 3�as �,��.�-� �N . . �
•�N LOT 9, AUD. SUB. N0. 273 . .• � �i � �,
HENNEPIN COUNTY, MINNESOTA
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p=p2°53` 21�� '•R=987.68
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'�% � '� .�`� SURVE �
PROPOSED ELEVAT I ONS : W ' `•�+ LINE;�..••�:: � . _ �
DkAtNGAGE�;�.::::"�"Q�`'='� rr i
1 Gara e 4• � �y r
� 9 = � � ..:1`'ANU UTILITY+ . '
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2) First floor�= � S 79°�gg05 y-• , 1 ,+
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LEGAL DESCR I PT I ON OF PREM I SE : ���Et "�29.4 CoNTOUR LINE
Lot 9, Auditor' s Subdivision No. 263 IV�T N N E T 0 N K A �
o : denotes i ron marker CRYSTAL BAY
(908.3): denotes existing spot elevation, mean sea level dat�.a�n
�fl , �+ /iv/mJGd �. .� .. �. ,
----9io---: denotes existing contour line, mean sea level dat�.m
�_ . �. ��o/ore.L i• i, ., .. .. ..
Bearings shown are based upon an assumed datun.
, This survey intends to show the boundaries of the above des-erit�ed ,�•'� ,
property, the location of an existing house and shed, the proposed
. location of a proposed house, and the location of all visible
"hardcover" thereon. It does not purport to show any other
irrprovernents or encroachrnents.
NOTE: For purposes of this survey the North property line is shown
33 feet south fran the centerline of travel for North Shore Drive.
Verify title information for any road easerrients that exist. .
• I I�reC calif Ihot Uis�rve sas ed b me a uder m arect SCAIE
GRONBERG de ASSOCIATES,INC. �����I an a dJy regislered�i Enginea ad lmd Suveya�der �"=20,
���������� the laws oi lhe Slale of Mimesola. �—�0-02
. � 9-J-07:RiCCOSID�I7bE fSY6D
�J���� • ���� . 10-9-02fId5E tr PO4IqH lRYGFD
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952-473-4141 02-0048
eco oxoaerccvxmsao Mak S.Gronber Mimesota Lic se Number 12755
02—OO�B . .
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