HomeMy WebLinkAboutResolution 4760 \, r'qq� `a�
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I i I� c i RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE ,
SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22,
SUBDIVISIONS 1 AND 2; SECTION 10.56,
SUBDIVISION 16 (L) 1 AND 2
FILE NO. 01-2730
WHEREAS, Ace Properties, LLC., (hereinafter "the applicant") is owner of the
property located at 3375 Crystal Bay Road within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 15, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied for variances to Municipal Zoning Code
Section 10.25, Subdivision 6 (B)to permit construction of a new residence on a property with a lot
size of 6,690 s.f. (.15 acre) where 21,780 s.f. (V2 acre) is required, lot width of 50' where 100' is
required,and to permit a 19'rear setback where 30'is required and a 9.7'side yard setback where 10'
is required; Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) 1 and 2 to
permit 748 s.f. (23.8%)hardcover in the 0-75'setback where no hardcover is allowed and 2,062 s.f.
(53.4%) hardcover in the 75-250' setback where 934 s.f. (25%) is allowed; 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 November 19,2001 and continued the hearing to January 22,
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 #01-2730.
Metro Legg! Services Inc.
Box 491
Page 1 of 7
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(70 ,14gip- CITY of ORONO
c.,',s � RESOLUTION OF THE CITY COUNCIL
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2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning
District where 'V2 acre is the minimum lot size and 100 feet is the minimum lot width.
3. The existing property is 6,690 s.f. (.15 acre) and has a 50' lot width.
4. The Orono Planning Commission reviewed this application on January 22,2002 and
recommended approval of variances by a vote of 6 to 0 based on the following
findings of fact:
A. The property was platted and developed prior to the adoption of the current
zoning standards. The plat of Wallace's Addition was recorded in 1908.
B. The lot is separated from the lakeshore by Crystal Bay Road, a publically
maintained road. The 600 s.f.paved surface area of the roadway is deducted
from the lot area of the property and the 0-75' lakeshore setback.
C. The total property located outside of the 75' lakeshore setback is 3,855 s.f.,
and the depth of the property from the edge of bituminous roadway to the rear
property line averages 120 s.f. The total depth of the property from the 75'
setback to rear property line averages 80'.
D. The existing house and attached concrete storage building is 1,946 s.f. The
last building permit issued for the property was for the storage building in
1971.
E. More recent ordinances were adopted for structural lot coverage to limit
structural massing on properties, and to preserve open space between
buildings. Additional structure also contributes towards additional hardcover
which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be
slowed and to infiltrate into the ground.
F. Municipal Code permits up to 15% of a lot to be dedicated to structural
improvements. The total structural improvements are allowed to be greater
than 15%on properties with a lot area of less than 10,000 s.f. On properties
less than 10,000 s.f., the total structure allowed on the property is 1,500 s.f.
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CITY of ORONO
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3,�;Il; �// RESOLUTION OF THE CITY COUNCIL
�kESH NO. 4760
The City does not normally look favorably on variances to the structural lot
coverage limitation, especially on properties less than 10,000 s.f. in size.
G. To place a 1,500 s.f. house on the property and maintain required lakeshore
setbacks, a rear yard setback is required. The property located behind the
subject property is guided for a future trail corridor and has been used as a
rail corridor for many years. This property does not abut another residential
property to the rear.
H. Crystal Bay Road is located only 10'from the lakeshore of Lake Minnetonka.
The road is a public road that is owned and maintained by the City of Orono.
To provide access to the property, a driveway must be located in the 0-75'
lakeshore setback. The property owners have designed a minimum sized
driveway that will provide adequate access to the two stall garage.
5. Council finds that the design of a 50' X 30' house allows the property to develop to
1,500 s.f. The location of a house 30' wide has caused the building to encroach
slightly into the side yard setbacks.
6. If the house were reduced in width to maintain a building size of 1,500 s.f. it would
require a greater rear yard setback. The proposed house is located at the setback of
the existing house on the lot.
7. The house has a FFE of 945.8'. The house is designed to match the existing
topography of the lot. If the house were moved closer to the rear property line the
house would begin to move into the hillside, as the ground elevation begins to
sharply rise to the future trail corridor.
8. 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.
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9. 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 10.25, Subdivision 6 (B) to permit construction of a
new residence on a property with a lot size of 6,690 s.f. (.15 acre) where 21,780 s.f. ('/2 acre) is
required, a lot width of 50'where 100' is required,to permit a 19'rear setback where 30' is required
and a 9.7' side setback where a 10' setback is required; Section 10.22, Subdivisions 1 and 2 and
Section 10.56, Subdivision 16 (L) 1 and 2 to permit 748 s.f. (23.8%)hardcover in the 0-75' setback
where no hardcover is allowed and 2,062 s.f. (53.4%) hardcover in the 75-250' setback where 934
s.f. (25%) is allowed subject to the following conditions:
1. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is
properly directed.
2. The property shall be developed in conformance with the site plan attached as Exhibit
A.
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
(February 25, 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.
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�, :140, 41)0I .°' RESOLUTION OF THE CITY COUNCIL
\-,,,l / NO. 4760
s :,;.PiHyt f' Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
had;'off`lhe tot day of February, 2002.
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odk 9':VEe;'kOClerk Barbara A. Peterson, Mayor
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Repre.- o e Pro .erties
ST• TE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 25th day of February, 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.
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-IP", ALISSA A.WINTERNHEIMER
STATE OF MINNESOTA '4"''(."' NOTARY PUBLIC-MINNESOTA
COUNTY OF HENNEPIN l My c lon Excims Jan 31,2006 cl
The foregoing instrument was acknowledged before me on this t- day of
.4---/LI r-C P--- , 200 2 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.
CJSC;261-(, 2 ---;;Q, ..
Notary Public
4.",..'s, DENISE M.LESKINEN
'r' NOTARY PUBLIC-MINNESOTA
0 My Commission Expires Jan.31,2005 (�
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kRESOLUTION OF THE CITY COUNCIL
9 4�'/ NO. 4760
� ESH�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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On this ,:///, day of 4i i;k i ,._ , 20‘ 2, i 1 a rLy'
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of . '1? .7' 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.
MARY ANN JOHNSON NotaryPublic
a NOTARY PUBLIC•MINNESOTA ti
t4 Commission Expires Jan.31,2005
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STA • ' y W_A,. %�� -
COUNTY OF HENNEPIN
On this day of , 20_,
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/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
Page 6 of 7
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Exhibit A
• CERTIFICATE OF SURVEY FOR 4 7 6 0
ACL PREF - R I I = S
OF LOT 15, WALLACE'S ADDITION TO MINNETONKA BEACH
HENNEPIN COUNTY, MINNESOTA
LAKE
MIN NE 10NKA
929.4 CONTOUR LIN- CRYSTAL BAY .--
0
6,
s., N 77.49.6 033s)
a�/ CR`l S ROAD
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o n
P SURVEY
l ' N s
- N - 14
Ns�r
EXISTING
N °y .. aaaSED �.:
0-44.0 p DRIVEVAjS S £t9PEK
HOUSE
16 G1 1110011.5 -41101,w
✓
PROPOSED 1y
I, EXI'TING
HOUSE
EXISTING 6 GE'
(93
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PROPOSED ELEVATIONS i HOUSE ya
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1) Garage = 939.2 wS�
'
2) First floor = 948.2 1 ••\,
0.
cam'V141.2)
(7412) 3' .\
NOTES Proposed house grades outside 2S
of building to notch existing grades O�� 22 (947m(947m�
to preserve sane drainage pattern. �Gj CZ
) ‘.16-1:n:, MU)
CH 17
TWIN
LEGAL DESCRIPTION OF PREMISES : m"`® L, ,
Lot 15, WALLACE'S ADDITION TO MINNETONKA BEACH (933-1, ,e' . -0 \.,1 ,
Crjab
o I denotes iron marker ,`' ""`1•
a \V''
<908.3)denotes existing spot elevation, mean sea level datum �,c�`
904{6 denotes proposed spot elevation, mean sea level datum
—917.E--denotes existing contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey Intends to show the boundaries of the above
described property, and the proposed location of a
proposed house thereon. It does not purport to show
any other improvements or encroachments
11-t4-e10 A0.11 RICKY-sraT atVAT G¢w
I hereby certify that this survey was prepared by me or undeis direct super-
C eSBERG & ASSOIIdrATEc6iha 4m a duly registered Civil Engineer anti Lard=SSrveyor under
theOr ,ENGINEERS, LAND SURVEYuK ,Ig LAN ERS me of Minnesota. DATE
2-11-02
ILLOV DRIVE LONG LAKE, MN. 55356
ma
952-473-4141 AB
Cal Mork S. Gronberg Minnesota License Number .2752-046
02-046
Page 7 of 7
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OFFICE OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY. MINNESOTA
CERTIFIED FLED ON
JUN 0 6 2002 / t2/41
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F1• IS 7 OF TITLES
gY _ i�,-. DEPUTY
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