HomeMy WebLinkAboutResolution 4792 O O
ti
CITY Of ORONO
RESOLUTION OF THE CITY COUNCIL
�kESI30j
NO.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE SECTIONS
10.22 SUBDIVISION 2 AND 10.56 SUBDIVISION 16 (L)(2)
FILE NO. 02-2740
WHEREAS,Jeffiy J.Twidwell and Nancy A.Twidwell(hereinafter"the applicants")
are the owners of the property located at 1865 Concordia Street within the City of Orono(hereinafter
the "City") and legally described as follows:
Lot 1,Block 1,Fagerness Woods,Hennepin County,Minnesota (hereinafter the"property"); and
WHEREAS,the applicants have made application to the City of Orono for a variance
to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2)to
allow hardcover in the 75-250'zone in excess of the 25% allowed by code for the construction of
a new residence to replace the existing residence on the property.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#02-2740.
2. The property is located in the LR-1C Lakeshore Residential Zoning District,which
requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot
contains 0.51 acre and has a defined width of 102',and therefore is conforming in lot
area and width.
3. The property contains an existing residence structure and detached garage,comprising
`lot coverage by structures' of 11.4%where 15 %is normally allowed. The existing
residence,garage,decks,sidewalks,driveways,and other calculable hardcover on the
property totals 1,574 s.f. or 20.4 % in the 0-75' lakeshore setback zone where no
hardcover is normally allowed, and 6,124 s.f. or 42.83 %in the 75-250'zone where
only 25%hardcover is normally allowed.
Page 1 of 7 Metro Legal services Inc.
Box 491
/O O
b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. s o
4. Proposed hardcover on the property is 252 s.f.or 3.27%in the 0-75'zone,and 4,797
s.f. or 33.54%in the 75-250' zone. Proposed lot coverage by structures is 11.7
well below the 15 %maximum allowed.
5. The Orono Planning Commission reviewed this application on March 18,2002 and
recommended approval of the requested variance as presented on a vote of 7-0,
conditioned upon removal of the deck portion of the 252 s.f. stairway/deck
system located near the lakeshore in the 0-75'zone. The deck portion comprises 120
s.f. of hardcover to be removed, leaving 132 s.f. of stairway in the 0-75'zone.
6. The City Council makes the following findings of hardship and justification in
regards to this application:
a. The existing residence is in a non-conforming location because it is partially
within the 0-75'zone, and because it encroaches past the average lakeshore
setback defined by the locations of the two abutting lakeshore residence
structures. Applicants propose to remove the nonconforming residence and
replace it with a new residence,attached garage and decks located completely
outside of the 0-75' zone and behind the defined average lakeshore setback
line, resulting in a conforming residence location, but still resulting in an
excess of hardcover in the 75-250'zone.
b. Potential methods to reduce hardcover in the 75-250'zone include reducing
the footprint of the proposed residence and garage; moving the proposed
residence and garage nearer the street; and reducing the size of the driveway.
C. The proposed footprint of house and garage at 2,565 s.f.or 11.7%of lot area
is not excessive for a conforming lot in the LR-1C District.
d. Keeping the proposed residence relatively in line with adjacent lakeshore
residences will avoid a `domino' effect which would negatively affect the
neighbors' average Lakeshore setbacks.
e. Moving the proposed house and garage closer to the road could have a
negative impact on applicants'views of the lake which would be impeded by
the location of existing neighboring homes which are both conforming or
nearly conforming to the 75' Lakeshore setback.
Page 2 of 7
t
f
' V
O O
b CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
�kESH4 NO. 4 7P
f. Three mature maple trees in viable condition exist in the 75-250' zone, one
of which is located centrally on the property.Preservation of these maples will
preserve an amenity for the property and the neighborhood, and will be
consistent with the Comprehensive Plan by preserving the wooded nature of
the Lake Minnetonka shoreline. Further, the trees are so large that their
relocation is not feasible, and replacement with trees of similar size and
character is not feasible. For these reasons,the location of these trees presents
a hardship to redevelopment of the property,limiting the variety of possible
house/garage configurations and locations. The proposed house is designed
and located to limit encroachment into the root systems of these trees.
g. The proposed driveway is intended to serve a 3-stall garage and allow for a
backup area so that vehicles can enter Concordia Street without backing into
the street. This is important because existing vegetation on adjoining
properties limits traffic visibility. Even though Concordia is a relatively low-
traffic street,it is a through street,with a very narrow(only 25)right-of-way.
h. While a smaller driveway consisting of less hardcover could be designed to
accomplish the same objectives, such a driveway would have to be located
to the immediate south of the two mature maples nearest the road,rather than
in the existing/proposed driveway location north of said trees. This would
have a negative impact on their root systems,which have developed primarily
in this undisturbed area to their south rather than under the existing/proposed
driveway, as documented by applicants' forester, Steven J. Cook in letters
dated March 2, 2002 and April 8, 2002.
i. Hardcover in the 75-250' zone can be reduced by approximately 160 s.f by
reducing the driveway width from 18' to 14' for the first 40' as it enters the
property, resulting in 75-250'hardcover of 4,637 s.f. or 32.43 %.
j. Each of the factors noted above individually would not justify the granting of
a variance,but the combination of all factors affecting this specific property
does comprise a hardship to the property which supports the granting of a
variance.
Page 3 of 7
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
t9kESI3D4� � NO. 47 0 I 9
k. Because the location of mature trees is a primary factor in the determination
of hardship for this site, the loss of said trees during or after redevelopment
of the property would negate many of the basis for hardship. Therefore,it is
reasonable to establish as a conditions of approval that the applicants and their
agents take all feasible and reasonable steps to ensure the continued viability
ofthe trees. Further,it is reasonable to require that if one or more of said trees
dies or is removed within the first 5 years after redevelopment of the site
commences,said trees will be replaced immediately with the most substantial
trees of like character that can feasibly be transplanted in the approximate
same locations as the tree lost.
7. 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 applicants' agents, and the effect of the proposed variance on
the health, safety and welfare of the community.
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
variance would 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 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 with the spirit and intent 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 Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision
16(L)(2)to allow hardcover in the 75-250'zone in the amount of 32.43%where only 25%hardcover
is normally allowed, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant and as modified
by City staff to show the driveway width reduced to 14' for the first 40', attached to
this resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
Page 4of7
% off
O O
ti
CITY of ORONO
514
RESOLUTION OF THE CITY COUNCIL
�kESH0 NO. a
2. Applicants are advised that the only site grading allowed in the 0-75' setback zone
is that minimal grading necessary to fill the foundation area of the existing house,and
any additional grading necessary to accomplish proper site drainage, subject to
approval of the City Engineer. Grading in the 0-75' zone intended to artificially
lower the pre-existing elevation to create a walkout situation is specifically not
approved. A site grading plan shall be submitted and approved by City staff prior to
issuance of the demolition and building permits for the site.
3. Applicants and their agents shall take all feasible and reasonable steps to ensure the
continued viability of the 3 mature maple trees identified as contributing to the
hardship situation on the property. If one or more of said trees dies or is removed
within the first 5 years after redevelopment of the site commences,said trees shall be
replaced immediately with the most substantial trees of like character that can feasibly
be transplanted in the approximate same locations as the trees lost.
4. Applicants shall obtain the appropriate erosion control permit from the MCAD prior
to commencing demolition, site grading or construction on the site.
5. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by obtaining a building permit for the
new construction within one year of the date of Council approval,or the variance will
expire on that date (April 22, 2003).
6. 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.
7. The undersigned applicants have read,understood 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.
Page 5 of 7
O O
D. CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
\kESHOj NO. 4 T 9 ,rt
Adopted by the Orono City Council on this 22nd day of April, 2002.
ATTEST:
X"02" 1, &-4,e,A,L..",���,--4--; �J
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Pr pert wner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of ;r r l ,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.
i
Notary Publ'
i JACKIE YOUNG
STATE OF MINNESOTA NOTARY PUBUC-MINNESOTA
COUNTY OF HENNEPIN My Commission Expires Jan.31,2005
The foregoing instrument was acknowledged before me on this_day of ri / ,2002
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.
RAViEL DODGE Nota Public
NOTAT.•''`UPLI%-klaim'2."OTA ry
^ei My Ccirmi=_sun Expires Jan.31,2705
Page 6 of 7
O O
01 CITY of ORONO
�J
G~ RESOLUTION OF THE CITYCOUNCIL
\kESH0 NO. 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this,7// day of C4e,,4 , 2002, /U,)k,uk ci /1.
personally appeared before me,
who is personally known to me
ii whose identity I proved on the basis of rt..i k'
whose identity I proved on the oath/affirmation of ,
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
STATE OF MINNESOTA C-MISE M.LESKINEN
COUNTY OF HENNEPIN NarawrPusuc- Sorg
My Comrdssion Exphes Jan.31,2005
On this 3c-IA day of /}?l-' v ---, 2002, -_l e-r Fq y J. Tw w e
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of !'1 N Z—
whose identity I proved on the oath/affirmation of ,
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.
-�� a--; �
Notary Public G
MARY ANN JOHNSON
hDrARYNKC-MMESOTA
yr CWA6 o Er*a Jon.r,2005
Page 7 of 7
gilt
• ' ` 1 EXHIBIT A
. •'; RESOLUTION NO.
�Or ~ EXISTING APPROVED SITE PLAN
HOUSEApproved 75-250' Hardcover(s.L)
- •- .. ' �( j House 1674
• • Garage 772
• f ` Porch 63
• Deck 56
J� f - • Driveway 1962
Walk 110
.. �/ .._ c �- 'T Cz� .. _ . •--•• Total 4637 s.f.
~ ^�� „�,. ��� Approved 0-75' Hardcover(s.C)
Sr" OOtA
.K. '�
Stairway to lake 132 s.f.
a ,`"'� �+•`r (adjacent 120 s.f. of decks to be removed)
• - h ' y 4 we• ' / '` 1 , r, OJ.
MMA
�•• pec.• , ; '! > ` . ` ^ hALLI i
r ALL
.�
ID
4.
0 %4
CIS
TV LA34 r!
y i
lkar
AN-
11
r% -Aaisl� �
%Wupy
OFFICE OF THA RW ATRAR
OF TITLE6
L"J HENPdEM COUNTY, fWNNESOTA
e ET —,
i
j AUG 2 8 2002
REGISTRAR/SF TITLES
BY DEPtffY