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HomeMy WebLinkAbout1988-05-09 Resolution 2424City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2424 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1, 2 AND 3 SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10(B) FILE 11255 WHEREAS, Orville Fisher (hereinafter "the applicant") is the owner of the property located at 1991 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A Attached (hereinafter "property"), and WHEREAS, the applicant has made application to the City of Orono to permit the construction of minor additions to the existing residence, which will constitute additional structure and hardcover within the 0-75' lakeshore setback zone where such structure and the hardcover associated with it are not normally allowed per Municipal Code Section 10.22, Subdivision 1 6 2, and to permit the removal of existing trees in the 0-75' zone and replacement with new trees, requiring the permission of the City Counci I rer Section 10.22, Subd' •vision 3; and to permit the regrading of the driveway and yard area in t:ie 0-75' zone, requiring a Conditional Use Permit per Section 10.55, Subdivision 10 and requiring a variance to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1255. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.54 acre in area, virtually all of which is wit)-',► the 0-75' lakeshore setback zone. 4. The Orono Planning Commission reviewed this application on April 19, 1988, and recommended on a 3-2 vote to approve the requested variances and Conditional Use Permits for the proposed additions, regrading and tree replacement based on the following findings: Page 1 of 6 City of ORONO yA & RESOLUTION Of THE CITY COUNCIL • NO. 2424 _ A. The proposed additions of 2 bay windows and a fireplace each extending no more than 2' past the existing walls of the house, and the addition of an open entryway with pillars, will not add to the perceived bulk of the house, and will not appear as a significant further encroachmen into the lakeshore yard areas. B. With the removal of plastic underlayment from all of the existing landscape and play areas, hardcover on the property can be reJuced by approximately 1/3, which is a significant benefit. C. The existing shed located within 15' of the shoreline is a non -conforming structure, and due to the uniqueness of this property being entirely within the 0-75' setback zone, it is appropriate to require that that shed be either moved to a location at least 50' from the shoreline and meeting all required accessory structure setbacks, or be removed entirely ante a structure of a similar area be allowed to be attached to the north end of the house. D. The relocation of the garage doer- and concurrent relocaticn of the driveway area will result in the improvement of tiie drainage pattern in the neight)orhood by decreasing excess runoff to the driveway area on the neighboring propert_,. E. The loss of an existing mature oak tree and a willow tree along the lakeshore as a result of this project is unfirtunate, however the replacement of those trees with otter trees is certainly appropriate and necessary to preserve the character of the lakeshore and the neighborhood. 5. The City Engineer has reviewed the grading proposal for the revised driveway and recommends approval, finding that the proposed driveway configuration and drainage pattern are no worse than the existing driveway, will help to alleviate an existinq drainage problem, and is the most feasible method for run-off control on the property considering the relative elevations of the driveway and yard area. 6. The City Council finds that the conditions existing on phis property are peculiar to it and do not apply gent rily 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 o'�her 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 property right of the applicant; and would be in keeping Paqe 2 of 6 M City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2424 with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow the proposed work within the 0-75' lakeshore setback zone will 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 properties, nor will it depreciate surrounding proper'y values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to municipal Zoning Code Section 10.22, Subdivision 1 & 2 to permit the construction of minor additions to the residence which constitute additional structure and hardcover within the 0- 75' lakeshore setback zone where such structure and the hardcover associated with it are not normally allowed, and grants permission for the removal of existing trees in the 0-75' zone and replacement with new trees, per Section 10.22, Subdivision 3, and grants a Conditional Use Permit per Section 10.55, Subdivision 10 and variances to Section 10.22, Subdivision 2 and Section 10.55, Subdivision B to permit the regrading of the driveway and yard area in the 0-75' zone, subject to the following conditions: 1. Applicant shall remove the Area of existing blacktop driveway and shall construct the driveway and the additional sidewalks as shown on the approved site plan, attached as Exhibit B. 2. Applicant shill remove the landscape rocks/plastic/timber area located adjacent to the existing driveway and this area shall revert to crass. 3. Applicant shall remove plastic from below all other decorative rockbeds on the property. 4. Applicant shall remove plastic from below the sandbox area where the trampoline is located. 5. Any of the as from which plastic is to be removed may be underlain by poi jeotechnical fabric if the applicant so desires. 6. Applicant shall remove the existing !,hed and attached roof structure from its current location and may either (lace that shed in Page 3 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2 124 a location at least 50' from the lake and 10' from both the north lot line and the north end of the house, or may construct an attached storage structure along the north end of the house, still meeting the required 1C' setback from the lot line. Hardcover of this attachment may be no greater than the current 208 s.f. shed structure. In either case, a separate building permit will be required. 7. Aopl icant shall plant replacement trees on the property per the landscape plan attach-d as Exhinit C. 2. ';he maximum hardc ver on the property i; allowed as follows (all in the 0-75' zone): House and garage West deck and step New entryway New bay windows and firr-7lace New sidewal:s New driveway Existing porch steps Shed (moved or attached) Total 2,308 s.f. 33F s . f . 132 s . f . 65 s . f . 3c2 s.f. 1,2 J6 s.f. 61, s.f. _ 208 s_.f _ 79© s. (4,790/23400 = 20.5%) 9. Applicants are advised that no future additional hardcover will be approved for this property, and any future proposals to add hardco-er might be approved only in conjunction with concurrent removal of existing hardcover, resulting in no net hardcover increase. 10. Authorities granted by this resolution run with the property not with the applies-int, but are permissive only and must be exercised by application tc. a building permit within one year of the date of. Council approval, or the special conditions of this resolution will expire on that date (May 9, 1989). 11. violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 12. The undersigned applicant ~.as read, understood and hereby agrees .r, rh- terms of this resolution ~nd on behalf of himself, his heirs. Page 4 of 6 I City of ORONO RESOLUTION Of THE CITY COUNCIL NO. 2.324 successors and assigns, hereby agrees to the recording of this resolution in the chain of ti`le of the property. "'"`'' -�o Ci .-y Counci 1 on this 9t)r day of May, 1988_ Tame4 R. Grabek, Mayor Pan• 5 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2424 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this II 4k day of MQZt , 19ef before me a Notary Public within and fof said county, personally appeared Qry 1 J!z F. Fisher Jr. known t. 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) free act and deed. Patricia L. PefeTsun WWARY VU" . IM KSGTA Ny oawMrr°^ MrM 7 � STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) &tz� NOTARY PUBLIC 17-/5- 93 MY COMMISSION EXPIRES On this day of 1981, before me a Notary Public within and for said County, personally appeared rtd�� C' F,She,- known 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) free act and deed. NOTARY PUBLIC Patricia L. Petrrw i NOTARY PUBIC - MINNESOTA HENNEPIN COUNTY"7-1�+ /J _ c-9-3 My commission eaplrwes 7. 5. r MY C01MTSS10S L-XPIRES Paqe 6 cf 6 w�„ 00 — r wr � f � { i • T f \ to / Ask e EXHIBIT B RESOLUTION NO. 2424 SITE,'DRIVEWAY GRADING PLAN EXHIBIT C RESOLUTION NO.2424 LANDSCAPE PLAN ti, . . . . . . . . . . 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Aw *Ito 6VI& 40404 mom-edl%L 2.1ft go--t, &.0 am-. / Mov %a LAPWAO 6#dWb *ob ftA7m #sop fts, WA- � wo -ftwo "adk&" 7 �tL�f'ezhrdrf �� Y 5ouf�iNeS•ly hne. e \ --I Cot i� `�� Line A .• ' E+t.;r/i.•� ii.� nro 4irf•--,.��1�Y, oo - g0 �• � (1O n 1 Inca L- r 3 c . ,z,. � •• Bar 'y � C/ ,Anti G Vi (, q .� '00/, W .�do�.+i o Irc� fir.• c,F toP O M I*j /L1 1♦'P�o.•ortd J'n12 t.9 °hereby certify that this is a true and correct *presentation of a survey of boundaries of the following Cribed property: A EXHIBIT A RESOLUTION NO. 2424 LEGI.L DESCRIPTION Lot 26, rAGERNESS. except that ;part thercot described as follows: Commencing at a point in the Southerly line of Lot 2, FAGERNESS, extenders Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.66 feet; thence angle right 90 degrees in a straight lino a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1, which point is t!ir2 actual point of beginning; thence continuing on said same straight line to the shore of Lake Minnetonka; thence Northerly along said shore to its intersection with the Southerly line of Lot 1. FAGERNESS; thence Southeasterly along the Southerly tine of Lot 1 to the point of beginning. Also. that part of Lot 1, FAGERNESS. described as follows: Commencing at a point in the Southerly line of lot 2 extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.66 feet to the actual point of beginning, said 77.66 foot line being hereinafter called line A; thence angle right 90 degrees a distance of 69.6 feet to the point of int^rsection with the Southwesterly line of said Lot 1; thence Southeasterly a:ong said Southwesterly line a distance of 100.28 feet, more or less, to the shore line of Lake Idinneto0 a; thence rlortherly along said shore line to a Iine drawn at right angles to line A from the point of beginning; thence Westerly 25 feet, more or- less, to the point of eginning, All within the plat of Fagerness, Hennepin County, Minnesota.