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Home My WebLink About1979-11-27 Resolution 1095RESOLUTION NO. 1095 A RESOLUTION APPROVING LOT ARIA, LOT WIDTH AND SIDE SETBACK VARIANCES BUT DENYING LAKES ORE SETBACX OR HARDCOVER VARIANCES FOR HENRY KINGMA"N WHEREAS, the City of Orono is a municipal corporation organizec and existing under the laws of ;:he State of oinnesota; and WHEREAS, the City has adopted zoning and flood _lain managament ordinances pursuant to the authorities and jurisdictions vested in the City by Minnesota Statutes. in order to promote the general public health, safety and welfare and in order to protect the -public interest against the dangers of flooding, flood damage or pollution of natural lakes and wetlands; and WHEREAS, Henry Kinsman has applied for variances from certain of the subject City ordinances for purposes of erecting a new single family residence on a lot located at 1185 Ferndale Road West; and WHEREAS, the Planning Commission. and City Council have reviewed said application and the Council makes the following finding of facts: 1. The lot is a single, separately owned parcel of lard containing 49,780 square feet of area, located in the LR-lA Single Family Lakeshore Residential District which district requires 2 acres (87,120 square fe _) of land per residences: Variance requested 37,340 square feet = 43% Section 34.352. 2. The lot is approximately 155 feet wide at its widest point with approximately 135 feet of width at the saoreiiae compared to LR-lA District requirements of 200 foot lot width at the shoreline and at the building site: Variances requested 45 feet = 23% and 65 feet 32% Section 34.352. 3. The applicant proposed a new house design and iocatio:. which includes side yard setbacks of 25 feet _n the east and 29 feet on the west compared to LR-lA Distric requirements of 30 foot side yard setbacks: Variances requested 5 fee;:. 17% and 1 foot = 3% Section 34.332. 4. In addition, the applicant proposed locating ;:he honsc: 55 feet from the Lake Minnetonka shoreline compared to n e minimum lakeshore setback of 75 feet required by both the Zoning and Flood Plain Management ordinances: Variances requested 20 feet = 27% Sections 31.831, 34.201, 34.2?2. Page, 2 r 5. The applicant proposed installation of a sewage holding tank instead of a septic tank -and on -site drainfield treatment area which installation requires a variance from Section 22.20 Subdivisions 3 and 4 of the City's On -Site Sewage Treatment Code. 6. This same lot was the subject of an application for lot area, lot width, side setback and holding tank variances by John Nobel, application "7429, which was approved by the Council on December 18, 1978. -J e Nobel appllc&tlon was based upon a larger house design and included closer setbacks to the side property lines, but included no request for any lakeshore or hardcover variance. 7. In the approval of the Nobel application, and reaffirmed in the review of'this application, the Council finds that the subject lot is a single -separately owned parcel which existed prior to the effective date of the current LR-lA lot area and lot width requirements and that there is no -adjacent vacant land available to increase the size of the subject property. 8. The Council finds that this lot is of similar size and configuration with adjoining and nearby lots which are built upon and that approval of the lot area and lot width variance request is necessary to preserve a substantial property right for the applicant. 9. The Council finds that because of the narrowness of this lot, approval of side yard setback variances are necessary to alleviate a demonstrated hardship in building on this property, that side setbacks as proposed, or an approved for the Nobel application, are consistent with required side setbacks in other Districts with lot width requirements similar to the actual size of this lot, and that approval of side setback variances would not endanger the public health, safety or welfare. 10. The Council finds that installation of a sewage holding tank to service any house on this property is necessary because of the high water table and low ground elevation of the property which conditions preclude installation of a standard crai_�field. The Council finds that such approval is consistent with the intent of the On -Site Sewage Treatment Code in such unusual conditions, provided that the tank is properly and frequently pumped and services according to the street requirements of said Ccde. 11. The Council finds that the applicant has not presented nor proven any hardship which would justify granting of any variance to any lakeshore or wetlands setback, and further the Council finds that the house as des-Jigned and proposed by the applicant, including all necessary driveways, turnarounds, fill, and appurtenances, can in fact be located at least 75 feet from the lakeshore line and at least 20 feet from the pond on the property: a. 'Applicants claim that a location closer to the lake would reduce direct drainage from the house to the lake is found to be unjustified in that the roof design directs a majority of the water away from the lake, in- creasing the lake setback increases the opportunity to direct all water away from the lake by appropriate site grading, and increasing the lake setback increases the grass and groundcover area capable of absorbing any runoff which may be directed toward the lake, all factors being in keeping with the intent of such setback to provide adequate storm water filtration and pollution protection for Lake Minnetonka. b. Placing the house 75 feet from the shoreline will not materially alter any view of the lake from such house because of the shoreline configuration, the location of adjoining houses and the large conifers lining both property lines. c. Placing the house closer to the pond will not materially affect the apparent distance from the pond and will not require encroachment on the required 26 foot setback from the pond. d. Placing the house where proposed would actually result in placement ahead of the adjacent house to the east contrary to the intent of Section 34.201. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves issuance of certain variances but denies approval of other requested variances, having the effect of permitting construction of a single family residence on the sti.bject lot within the allowable area shown on Exhibit A attached, pursuant to the following: 1. The Council hereby approves lot area and lot width variances as requested. 2. The Council hereby approves renewal of the side yard setback variances as approved for John Nobel in 1978, spaci�ically 18 foot setback on the west and 23 foot setback on the east, noting that this approval is more than requested by Henry Kingman which allows for flexibility in relocating and/or redesigning the Kingman proposal without further Council action required. 3. The Council hereby approves issuance of an On -Site Sewage Treatment Code variance - to permit installation and use of a sewage holding tank subject to strict compliance with all holding tank maintenance requirements. 4. The Council hereby denies approval of the requested lakeshore setback variance, instead requiring that all structures or hardcover of any kind shall be located at least 75 feet from the shoreline of Lake Minnetonka and at least 26 feet from the edge of the pond as shown on Exhibit A. All structure construction including driveways, decks, patios, planters,.future accessory buildings, etc. shall occur within the allowable area shown on Exhibit A except: for the driveway connection to the existing access easement, also as shown on Exhibit'A. 6. The minimum floor level of any building on this property hall 932.5 feet MSL as required by the Flood Plain Management Ordinance and the State Building Code. A minimum amount of fill necessary to achieve this elevation and to assure proper structure drainage may be placed between the 75 foot setback line and the high point of the lot located about 55 feet from the shoreline, provided a grading and drainage plan showing all such fill shall be submitted with the building permit application and shall be approved by the City Engineer prior to issuance of the building permit. No fill or construction grading shall occur within 50 feet of the shoreline or within 26 feet of the edge of the pond. Z7b .Construction plans and permits shall be reviewed and ained pursuant to State Building Code requirements. 'Adopted by the City Council this 27th day of November, 1979. William B. Van Nest, Mayo Attest: Z, L'11 �_ Z�, t � i z . - Walter R,,Zenson, Clerk Administrator FE9-ND4L.F jZO40 r 14• wide d-kh f Q Z".t •��1.1+` ,00 zo i \ _� ORIUNu ORu„1ANCE PRO.HHEI 1 S EXCAVATION, FILLING, GRADING, OREDGI-NG, TREE REMOVAL CR CONSTF.UCTION OF ANY KIND ; WITHIN 75 FT OF AN'Y SHORELINE WITHIN 26 FT OF ANY WETLANDS 4 .x � \ :1 o �' / PERMITS ARE RF :UIRED FOR j DOCKS, SEAWALLS, RIPRAP • .,IbS all 06 o � �\�� `� J � `� ..,,+••fit Y Imo` �� / , � •� • WIG ZLCVa,-,QAJ ,u rN,P� vA r,