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HomeMy WebLinkAboutLA18-000056 Neugent (710 Big Island) VAR Exhibit A Draft Resolution CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1680 and 78-1279 FILE NO. LA18-000056 WHEREAS, on June 14, 2018, Christopher Neugent and Leslie Neugent (hereinafter the “Applicants”), applied for variances from the City Code for the property addressed 710 Big Island and legally described as: That part of Government Lot 6, Section 22, Township 117, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicial monument distant 165 feet from the Southeast corner of said Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly corner of Lot T of said addition, vacated, which corner is marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the judicial monument,; thence North along the East line of said addition, vacated, through a point marked with a judicial monument distant 320 feet from said Southeast corner of said Lot t, to the point of beginning (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow for hardcover in the 75 foot lake yard setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow the reconstruction of a retaining wall in the 75 foot lake yard setback; and WHEREAS, on June 18, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, June 18, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on July 9, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000056. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RS Zoning District. 3. The Property contains 2.38 acres in area and has a defined lot width of ±380 feet at the 75’ setback and ±460 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Hardcover in the lake yard b. Retaining wall in the lake yard 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances are minimal and designed to appear as grass or pervious areas and generally consistent with the intent of the ordinance. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner; and c. The variance, if granted, will not alter the essential character of the locality.” The variance to permit structure within the 75-foot setback will help to maintain the existing slope and character of the locality. This condition is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 increases as it moves away from the lake and the owner feels the proposed improvements are necessary for access and are logical and will not adversely impact adjacent properties. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The property is situated at the northwestern most point of the island. The applicant’s proposal does not appear to be out of character with the area. The slope is beginning to erode and walkway have become unsafe creating conditions which do not apply to adjacent properties. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback and hardcover in the lakeyard is reasonable and necessary to preserve the property rights of the owner for access and supported by the vulnerable lake yard slope on the property. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the lakeyard setback variance and hardcover variance for allowing the retaining walls and hardcover within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The applicant has demonstrated practical difficulties which support granting the lakeyard setback and hardcover variances to permit the construction of a retaining wall and hardcover access improvements within 75 feet of the OHWL. This statement is true 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 Section 78-1680 and 78-1279 to allow for hardcover and a retaining wall in the 75 foot lake yard setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. The approved project shall conform to the site plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A zoning permit must be issues within one year of the date of Council approval, or the variance will expire on that date (July 9, 2019). 4. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 9 day of July, 2018. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor studio෇ॻӃTSUKE Existing Site Layout Notes: Big Island Landscape Project 1” : 40’ Fire pit Flag pole Dock and stairs Beach Cistern & Bath House Porch Brick oven (ruins) drainage runnel Leach fieldCleanouts 50’ setback line 75’ setback line Rip rap Metal Arbor West dock studio෇ॻӃTSUKE 1. Overall Site Layout Additional Calculations:Subject property: 103,738 sq. ft. to OHWL Existing Hardcover - including current remodel project (from survey): 4,028 sq. ft. Proposed Riprap Ext: 247 sq. ft.Proposed Grass Access lane: 480 sq. ft.Proposed Gravel Access lane: 284 sq. ft.Proposed Gravel Access walk: 178 sq. ft.Proposed Entry Walk: 220 sq. ft.Proposed Paver walk & patios:1010 sq. ft. Total Proposed Hardcover: 2,419 sq. ft.Added to existing hardcover: 6,447 sq. ft.Property area coverage: 6.2% of lot area. Hardcover surfaces within 75’ of OHWL (from survey): 712 sq. ft. Proposed Entry Walk: 220 sq. ft.Proposed Riprap Ext: 247 sq. ft.Proposed Grass Access lane: 480 sq. ft.Proposed Gravel Access lane: 284 sq. ft.Proposed Gravel Access walk (partial in 75’ zone) : 92 sq. ft.Proposed Rebuild of retaining wall & path to west dock (net additional): 125 sq. ft. Total proposed hardcover surfaces within 75’ of OHWL: 1,448 sq. ft. Additional work within 75’ of OHWL:Proposed vegetative buffer: 5,500 sq. ft.Proposed Trees removed: 5Proposed Trees planted: 9 Big Island Landscape Project 1” : 40’ West DockRenovation New Trees New Trees Fire Pit New Trees Entry Walk Runnel Garden Woodchip paths Woodchip paths Additional planting areas Additional planting areas Savannah Plantings Shrub area Patio w/ grill Shrub area Foundationgardens Woodland Edge Plantings VegetativeBuffer VegetativeBuffer Rip rapExtension Access laneRigid plastic geogrid grass pavers Access laneRigid plastic geogrid gravel pavers Access walkRigid plastic geogrid gravel pavers Paver walk studio෇ॻӃTSUKE Shoreland & Woodland Edge Plantings Shoreland Plants to include: Fireworks GoldenrodSedum Autumn JoyBlack-eyed Susan CatmintPenstemon Husker RedLiatris KoboldSea LavenderJoe Pye Weed Gateway Echinacea varitiesPurple Dome AsterMarsh MilkweedAlliumStiff Goldenrod Little BluestemAutumn Moor GrassPrairie DropseedTufted HairgrassKorean Feather Grass Gro low SumacSmooth SumacServiceberryDwarf Bush HoneysuckleArctic Fire Dogwood Current vegetative cover is turf lawn to the top of the riprap wall -- directing runoff straight from lawn to lake. Proposed vegetative buffer will introduce a vegetative buffer strip, from 8’ to 20’ in depth, above the riprap walls. This vegetative buffer will be planting with native shorland species and adapted cultivars. The goal is a natural grass and forb buffer, rather than a manicured garden. This will provide filtration of all runoff from the yard, and allow some in-filtration as well. Some shrub plantings will be planted within this buffer area to provide some screening and provide some year-round visual edge. In the southern and wooded area of the property, the buffer will transition to understory and woodland edge plants that are more tolerant of the shade. The planting and design relies on the best practices as outlined in the Landscaping for Wild-life and Water Quality published by the MN DNR and The Lake Minnetonka Guide to Shoreline Gardens, funded by the Minnehaha Creek Watershed District. Disturbance for planting to be kept to a minimum. Planting will be plugs and seeding. Big Island Landscape Project LowShrub plantings Blue BeechRed Maple Ironwood TallerShrub plantings Shrub plantings transition to woodland edge plantings woodland edge& understory plantings White Oak studio෇ॻӃTSUKE X X X X XX Shoreland Tree Removal and Plantings Big Island Landscape Project Blue spruce - showing effects of Cytaspora Green Ash - Tree removal and planting plan at point Tree removal and planting plan along north shoreline Green Ash Remove 2 12” Blue Spruce Remove 19” Cedar Remove 115” Green Ash Remove 12” Green Ash Plant Ironwood Remove 15” Linden Plant 1Red Maple Plant 1Blue beech Plant 1White Oak Plant 2Blue beech Plant 2Ironwood List of Tree removal and replacement in 75’ area from OHWL: Removal of two Blue Spruce showing signs of illness.Removal of two Green Ash growing on the edge of the riprap and subject to EAB.Removal of one basswood that will likely have root zone disturbance because of riprap extension. Planting of 8 new native trees:3 Ironwood (Ostrya virginiana)3 Blue Beech (Carpinus caroliana)1 Red Maple (Acer rubrum)1 White Oak (Quercus alba) studio෇ॻӃTSUKE West Dock Renovation Big Island Landscape Project The current retaining wall and path to the west dock are in disrepair and in need of renovation. The materials used for the retaining wall are not suited and the wall is poorly constructed. The path is too close to the edge of the water, and severly cross-pitched. This contributes 100% of any precipitaion directly into the lake as runoff. Additionally, it is becoming unsafe for walking, as the ueven stones and the cross pitch make it a tripping hazard that drops off into the water. The proposed solution is to rebuild the wall using larger stones that are more appropriate for a wall. Additionally, moving the walkway in from the edge of the lake serves multiple purposes: it provides a buffer planting strip that will help filter runoff and those plantings will also help make the space feel less like it is pitching into the lake, The proposed vegetative buffer above and below the renovated wall and walk will serve to soften and hide the hardscape. In order to build the wall correctly and replace the path in a better configuration, it will be necessary to remove slighly more area than is currently disturbed. The wall will need to be slighly taller at the south end to accommodate the slope that is cur-rently slumping with the derilect wall. Existing wall studio෇ॻӃTSUKE Section showing old and new alignmentsCurrent EdgeCurrent WallWaterline Waterline Currentalignment (dots) 4” wide path Existing alignment Proposed re-alignment West Dock Renovation Big Island Landscape Project