HomeMy WebLinkAboutResolution 4485 .. 3357O-"
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' CITY of ORO6AED
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, �� ��%� G'� RESOLUTION OF THE CITY COUNCIL
SHD4� NO. 4 4 8 5
A RESOLUTION GRANTING VARIANCES PER
MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2); SECTION 10.03,
SUBDIVISION 9(C); SECTION 10.03, SUBDIVISION 5 AND A
CONDITIONAL USE PERMIT PER
S C TION 10.03; SUBDIVISIONS 19-21
Metro Le. l Senile:), iii,_,
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FILE NO. 2555
EWHEREAS, Hennepin County (hereinafter the "applicant") is owner of a property
located at 3880 Shoreline Drive within the City of Orono(hereinafter "City")and legally described
as follows (hereinafter the "property"):
"Exhibit A" ; 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 public hearings on January 19, 2000 and April 17, 2000 at which times all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, the applicant submitted a land use application to the City of Orono
requesting the following approvals:
1. A Zoning Code Amendment would allow the County Maintenance Facility to exist in the
LR-1C zoning district. The facility was constructed at a time when the property was zoned
for commercial purposes, however, that zoning changed to residential in the early 1970's,
hence use of the property for the maintenance facility has continued as a legal non-
conforming use. (Section 10.25)
2. Variance to permit hardcover alteration within the 500-1000 foot setback from the OHWL
of Lake Minnetonka. The proposed hardcover would result in a reduction of impervious
surface from 148.835 square feet (61%) to 138,188 square feet (57%), where 35%
coverage is allowed in the setback. (Section 10.22, Subdivision 2 and 10.56, Subdivision
16 (L) (2)) _
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERV ES
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NOV 20 2000
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3. -armce to permit the sand/salt storage facility to exceed the maximum allowed size for
an oversized accessory structure on a 6.65 acre lot. The Code permits a 2,400 square foot
oversized accessory structure on the property. The proposed building is 60 feet X 120 feet
in size, 7,200 square feet. The same section of the ordinance permits the total aggregate
of all accessory structures on this property is 4,800 square feet. According to the most
recent site plan the total proposed square footage for accessory buildings is only the
salt/sand storage facility (7,200 square feet). (Section 10.03, Subdivision 9 (C) (2))
4. Conditional Use Permit for the grading on the property and construction of the stormwater
management pond. (Section 10.03, Subdivisions 19-21).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2555.
2. The property has been used as a County Highway maintenance facility since at least
1962, the time the original building was constructed. In 1962 the zoning of the
property was for commercial purposes, since the property was rezoned to LR-1C.
Because the use of the property has not changed since the rezoning, the facility has
been allowed to exist as a legal non-conforming use. The facility is used primarily
for winter road maintenance, with a coverage area for this facility from County
Road 15 between Moui;d : nd Highway 12, County Road 19 from Orono to
Excelsior.
3. The Planning Commission reviewed this application and recommended denial of
the Zoning Code Amendment to the LR-1C District based on the following:
A. The Comprehensive Plan has guided the property for residential use. The
proposed expanded use is much more intense than what the property is
currently used for.
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B. There was concern continued use of the site impacts the water quality of
Lake Minnetonka.
C. The City of Orono rezoned the property from commercial to residential in
the early 1970s. Approving a Code Amendment to permit this type of use
in the LR-1 C district would not be in keeping with the intent of the
Comprehensive Plan, so it should remain in a non-conforming status.
•
D. The proposed height of the building was 42' requiring a variance. The
building would have been 22' taller than the existing principal building.
E. Other sites in the area have not been explored to accommodate the salt and
sand storage building. The applicants were advised to research other
locations that may be feasible.
4. County Staff has indicated the proposed building would actually be less intense than
the use that exists because the number of salt/sand deliveries will be reduced by 60
trips annually and the salt/sand mix and storage would be relocated indoors. During
a significant snow event, night deliveries of dry salt and sand mix are required
because they have limited indoor storage. With an enclosed building, they could
stockpile the mix and accept deliveries during the daytime hours.
5. The proposed building has been reduced in height from 42' to 20' and the building
has been redesigned to not require a fully enclosed building but rather three storage
bays for tht salt/sand c rr uct
6. Elevation views, provided by Hennepin County, indicate the buildings would only
have minimal impact on adjacent properties to the north. The 42' building proposal
would have blocked views from a small area in Spring Park across the railroad
tracks.
7. The storage bays would provide protection for the salt and sand product. Much of
the salt and sand has been stored outdoors and could become part of the runoff
from the site towards Lake Minnetonka. The facility is located within the 1000'
Shoreland area of the lake.
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�'� �����i C~ / RESOLUTION OF THE CITY COUNCIL
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:. = stormwater management pond has been proposed to treat stormwater before
leaving the site. Water drains towards the south side of the property and enters a
culvert that carries the water directly to the lake. A management pond will treat
much of the water before leaving the site.
9. County staff has indicated the operations would reduce noise to surrounding
neighborhoods and eliminate the salt and sand transported by stormwater runoff to
the adjacent wetlands. The wetlands drain into a storm sewer pipe and are routed
to Lake Minnetonka.
10. Due to the proposed buildings capacity, Hennepin County has estimated
approximately 60 round trip truck runs annually would be eliminated and the
salt/sand operations would occur during daytime hours. Without indoor storage the
County is required to make deliveries on a 24 hour schedule during snowfall
events.
11. The 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 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 with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
12. The City Council finds that granting a conditional use permit for land alteration for
pond construction 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 property, nor will its use depreciate surrounding property
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.
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t,0. CITY of ORONO
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•' \ li1� / RESOLUTION OF THE CITY COUNCIL
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he 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 10.03, Subdivision 5 to permit construction
of an accessory building on property that is devoted to a non-conforming use; Section 10.22,
Subdivision 2 and Section 10.56, Subdivision 16(L) (2)to permit hardcover alteration in the 500'-
1000' lakeshore setback in excess of 35%; Section 10.03, Subdivision 9 (C) to permit a 60' X
120' (7,200 s.f.) accessory building to be constructed on the property, where a building 2,400
s.f. is allowed; and for a conditional use permit to Municipal Zoning Code Section 10.03,
Subdivisions 19-21 to permit land alteration for construction of a stormwater management pond.
Approval is subject to the following conditions:
1. The building is constructed per the site plans provided by Hennepin County.
2. Erosion control measures shall be in place prior to any land alteration activities,
and shall not be removed until such time Staff authorizes removal.
3. The fill removed from ponding areas shall be placed in the locations and to the
grades as shown on the site plans on file with the City of Orono.
4. All land alteration shall be subject to final approval by the City Engineer.
5. The use of the building shall be limited to storage of the salt/sand product.
6. The three lots that exist on the property shall be combined into one tax parcel.
7. Authorities granted by this resolution run with the property not with the owner, but
are permissive only and must be exercised by application for a building permit and
land alteration permit within one year of the date of Council's approval, or the
special conditions of this resolution will expire on that date (June 26, 2001).
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SCANNED
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�,tt> > ,M, ��:.1 G', RESOLUTION OF THE CITY COUNCIL
49kESH0j NO. 4 4 8 t
:--= iolation 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.
9. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of itself, its successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 26th day of June, 2000.
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`;* `,:g.,.7.-" o,.,Clerk Gabri- Jabbour, May
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Prop" Owners Rep. /Ie-v,rn. co.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of June,
2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
MARY ANN JOHNSON Notary Public
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NOTARY PUBLIC-MINNESOTA `-
it Commission Expire,Jan.31,2005
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CITY of ORONO
7��1104 G~ RESOLUTION OF THE CITY COUNCIL
�kESHOj NO. 4 4 8 5
STATE' • NNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J - , day of Al cc e rn 6P , 20 ca , before me a Notary
Publ within and for said County, personally appeared Guy , ti% '4 R „,7L, i1 ,71,v Clic
known to me to be the person described in and who executed the foregoing instrument, and
acknowledged that she executed the same as her free act and deed.
4,11 MARY ANN JOHNSON �
N OTARY PUBUC••MINNESOTA 1 .J/��Q
1,Commission DON.len.31,2005 ,
Notary is
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 , before me a Notary
Public within and for said County, personally appeared
known to me to be the person described in and who executed the foregoing instrument, and
acknowledged that she executed the same as her free act and deed.
Notary Public
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Exhibit A
LEGAL DESCRIPTIONS:
Tract 1 -Torten Property per CerttflMi
cate of e 3.54670 .� •'•... .:
The East 50 feet of the West 200 feet of the South 2a3of that part of Government Lot 8. Section i7,
Township 117, Range 23, lying East of the East lire of "Streater's Spring Park Addition', Hennepin
County, Minnesota, the boundaries of which tract are marked by Judicial Landmarks placed at the
Northwest and Northeast corners thereof, and by Judicial Landmarks placed on the west line of said
tract 33.01 feet North of the Southwest corner thereof and on the East line of said tract 33.01 feet
North of the Southeast corner thereof, pursuant to Torrens Case No. 15147. According to the
Government Survey thereof.
All of Tract 1 is subject to permanent easements for street purposes as per Torrens Documents 137750
and 1656002 (County Highway Plat)
Area of Tract 1 = 11, 632 Square Feet (0.267 Acres) .
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Tract 2-Totrerl Property per Certificate of?the 359670
i.k That part of Government Lot 8, Section 17, Township 117, Range 23, and that part of Lot 1, Block 9,
Townsite of Langdon Park, all described as beginning at the intersection of a line drawn parallel
with and 233 feet North of the South line of said Government Lot 8 and a line drawn parallel with
and 100 feet East of the East line of "Streater's Spring Park Addition", Hennepin County, Minnesota;
thence North along the last described parallel line and its extension to the Southerly right of way
line of the Great Northern Railway Company; thence Easterly along said Southerly right of way line
to its intersection with a line drawn North at right angles to the South line of said Section 17
from a point thereon distant 1315.97 feet West from the South quarter-corner of said Section 17;
thence South along said last described line to a point 233 feet North of the South line of said
Section 17: thence West parallel with the South line of said Section 17 to the point of beginning.
the boundaries of which tract are marked by Judicial Landmarks placed at the four corners thereof
and the South line of which tract is further marked by Judicial Landmarks placed thereon 50.02 feet
and 100.04 feet East of the Southwest corner of said tract, pursuant to Torrens Case No. 15147.
\ ccording to the Government Survey thereof and according to the recorded plat thereof.
Subject to a private driveway or street easement over the westerly 100 feet of Tract 2.
Area of Tract 2 = 243, 101 Square Feet (5.581 Acres)
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Tract 3-Abstract Property per Document No.3845782
That part of Government Lot 8, Section 17. Township 117. Range 23 West, lying within a distance of
100 feet Easterly of the Easterly line of 'Streater's Spring Park Addition', Hennepin County,
Minnesota, and lying North of the southerly 233 feet of said Government Lot 8, and South of the
Great Northern Railway right of way.
Subject to an easement for street purposes over Tract 3, lying North of a line parallel with and
50 feet Southerly of the Southerly right of way line of the Great Northern Railway right of way, as
per Docurents 3328237 and 39457P2
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