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Home My WebLink AboutResolution 4415 ;. �-_' � O� • O O ��b. - CITY of ORONO � � 'Rj '�' RESOLUTION OF THE CITY COUNCIL ��kE Hp4ti�'G NO. �� S A RESOLUTION DENYING VARIANCES PER MUIVICIPAL ZO1�iING CODE SECTION 10.22, SUBDIVISIONS 1 (B)AND 2; SECTION 10.56, SUBDIVISION 16 (L) (2)AND (C) (6). FILE#2539 WI�REAS,the City of Orono is a municipal corporation organized and existing under the laws of the Sfate of Minnesota; and WHEREAS,pursuant to State Statutes 412 et.seq.and 462 et.seq.,the City Council of the City of Orono has adopted zoning regulations for the protection of the public health,.safety and general welfare; and WI�EREAS, John Sundet and Rebecca Sundet (hereinafter "the applicants") are owners of the properry located at 684 Tonkawa Road within the City of Orono (hereinafter "the • City") and legally described as follows: The Southeasterly Half of Lot 5,and the Northwesterly Half of Lot 6,Except the Northwesterly 15.00 feet of the Southeasterly Half of Lot 5, Parten's Point First Division, Hennepin County, Minnesota(hereinafter "the property"); and W�iEREAS, the applicant has applied to the City of Orono for variances for hazdcover and a�erage lakeshore setback to permit additions to an existing residence,requesting the following approvals: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover Requirements: Within 75'to 250'of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 5,841 square feet (39.26%), where 5,201 squaze feet(34.96%) exists,and 3,719.5 squaze feet(25%)is allowed. 2. Section 10.22, Subd. 1(B) and Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback: No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots,except this does not apply to stairways,lifts,landings, and lockboxes. The average lakeshore setback line shall be a straight line connecting the most � lakeward protrusions of the residence buildings on the immediately adjacent • Page 1 of 5 i� � O� • O O ��b - CITY of ORONO � ti � '�' RESOLUTION OF THE CITY COUNCIL ��9.kE p4��'G � NO. � � �, � sx lakeshore lots. To permit a variance to encroach 34 feet into the average lakeshore setback. VV�iEREAS,the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission;and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances as described above based on one or more of the following fmdings of fact concerning this properry: 1. The property consists of.68 acre, or 29,500 square feet in land area in the LR-1B, . � Single Family Lakeshore Residential District. 2. The property is an existing residential property consisting of a 1,007 square foot , single story house and a detached garage located near the street lot line consisting of � 667 square feet. 3. The proposed addition to the residence would include an attached garage and living space. The total footprint for the proposed addition would increase the size of the residential structure to 2,666 square feet,which is an increase in 1,659 square feet. 4. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would require granting of variances for the amount of hazdcover proposed. •� 5. The development is inconsistent with General Land Use Policies and Goals. The Orono Community Management Plan(CMP 4-15)General Land Use Policy No. 13 states "Future development must enhance the environment. Land Development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always produce more aesthetic results and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density." � Page 2 of 5 , �- � O� • O O 6. - C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL �L9kE p4��'G NO. .4� �: � � SI; 6. The granting,of the requested after-the-fact variances would be contrary to the provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A)with which the applicants must first comply in order that variances be granted. The Council finds that: A. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances aze denied. B. The plight of the landowner is self-created by the increased hardcover . proposed for the new development of the property. . � C. Granting of the proposed variances would appear to serve as a convenience to the applicants to provide additional living space and an attached garage when a garage exists on the property, and the applicants have not • demonstrated a reasonable hardship or practical difficulty acceptable to the City Council. 7. The applicant has not demonstrated a hardship to warrant the granting of the variance. � 8. The Orono Community Management Plan has addressed the issue of protecting the water quality of Lake Minnetonka. One way of protecting the lake is to limit the amount of hazdcover on lots within the Shoreland Overlay District. The Shoreland Overlay District is all property located within 1,000 feet of the 929.4 elevation, • Ordinary High Water Level of Lake Minnetonka(OHWL)and other protected lakes and tributaries. Additional hardcover near the lakeshore of Lake Minnetonka would prevent the direct absorption of rainfall into the ground. 9. The Orono Municipal Code requires all structures to meet a 75 foot setback to the OHWL and meet the average lakeshore setback of adjacent residential structures. The proposed plan would include a 34 foot encroachment into the average lakeshore setback. The proposed house would be roughly 18 feet higher than the existing roof line. The e�cisting roof, when measured from the street side of the residence is approximately 13 feet in height. The height and mass of the structure would impact � the view from adjacent properties. The purpose of the ordinance is to ensure a • Page 3 of 5 �� 0� s o 0 ��b. - CITY of ORONO , � �, � '� RESOLUTION OF THE CITY COUNCIL ��.kE Hp4�� NO. � : � S �— consistent development, relating to setbacks from the lakeshore, and to protect lakeshore views from adjacent properties. 10. The grading and increased structural hardcover contribute to the proposed development including a new storm sewer system and drainfield to accommodate the drainage on the site. The size and configuration of the proposed footprint of the house has required a stormwater management plan for the property. The Orono Community Management Plan (CMP 3-13) recognizes storm sewers speed runoff � and provide no natural filtration or nutrient assimilation. The Plan suggests storm sewers will only be utilized in local flood prone areas or where there is soil erosion insolvable by natural means. . 11.� An attached garage requires extensive regrading on the property to extend the � existing driveway. The regrading and additional structural coverage for the house . have raised concerns about drainage on the properry. Applicants have developed a � proposed stormwater and drainage plan for the property to handle a one year storm event. Proposed is a storm sewer to be constructed to route stormwater around the residence into a proposed drainfield area. The City Engineer reviewed the drainage plan and had concerns about the drainfield's capacity and long term maintenance. 12. The City Council has considered this application including the fmdings and recommendations of the Planning Commission,reports by City staff, comments by the applicant and the effect of the proposed variance on the health,safety and welfare of the community. • Page 4 of 5 � � • . . �� . • � � �b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`qltE p4ti�G NO. � � J� � . sx Adopted by the City Council of the City of Orono on this 24th day of January, 2000. ATTEST: ` � � U . , Linda S. Vee, City Clerk Gabrie Jabbour, May �� STATE OF MINNESOTA ) � ) ss. . COUNTY OF HENNEPIN ) . . The foregoing instrument was acknowledged before me on this 24th day of January, 2000,by Gabriel Jabbour&Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota � municipal corporation and said instrument was executed on behalf of the City. �� , , �� A \C(.�/Y�� _��21� ��,wr,3t.�0oS Notary Public • Page 5 of 5