HomeMy WebLinkAbout#12-3547 Recorded Resolution 6147111111111111 Ill 111 II
Doc No T4998753
Certified, filed and/or recorded on
9/21/12 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith, Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 13 Pkg ID 862490M
Doc Name: Resolution
Document Recording Fee
Document Total
Existing Certs
1087483
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
New Certs
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 I 4 7
A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 78-305 AND 78-1279
FILE NO. 12-3547
WHEREAS, John D. Stavig and Phoebe M. Stavig, a married couple (hereinafter
"the Applicants") are the owners of the property located at 790 Brown Road North within the
City of Orono (hereinafter the ''City") and legally described as: Tract F, R.L.S. No. 1275,
Hennepin County, Minnesota (hereinafter the "Property"); and
WHEREAS, the Property is an existing Lot of Record and meets the
requirements of Orono Municipal Zoning Code Section 78-72(b )(2) to be utilized for single-
family detached dwelling purposes by administrative approval; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new
residence on the property to be located 30 feet from the rear or street lot line where a 50-foot
setback is normally required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279(6) to allow encroachment of the
defined average lakeshore setback; and
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow
construction of a new residence located 15 feet from the defined top of bluff where a 30-foot
setback is normally required and encroaching 5 feet into the defined bluff impact zone where no
such structures are normally allowed; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held
a public hearing on March 19, 2012 and again on May 21, 2012 at which times all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
Page 1 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 I 4 £
WHEREAS, on May 21, 2012 the Orono Planning Commission on a vote of 6-0
recommended denial of the variances for bluff setback and encroachment of the bluff impact
zone; approval of variance for average lakeshore setback; and recommended approval of
variances to allow a street setback of 25 feet, and side setbacks of 25 feet instead of the required
30 feet; and
WHEREAS, on June 11, 2012 the Orono City Council reviewed the application
and after due deliberation on a vote of 4-0 directed staff to draft a resolution for approval of the
requested variances as initially requested by the Applicants.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 12-3547.
2. The Property is located in the LR-IA One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 2.0 acres and a minimum lot width
of200'.
3. The City Council makes the following findings regarding this application:
a. The Property contains 62,247 square feet (1.42 acres) in area and has in
excess of 350 feet in defined width. The Property is an existing Lot of Record
created in 1969 and meets the requirements of Orono Municipal Zoning Code
Section 78-72(b )(2) to be utilized for single-family detached dwelling
purposes by administrative approval.
b. The Property is within the Metropolitan Urban Service Area and sanitary
sewer is available to serve the Property.
c. The location of the residence structures on the adjacent lakeshore properties is
such that the defined average lakeshore setback line leaves no buildable area
within the Property. The proposed encroachment past the average setback line
will have minimal or no impact on views of the lake enjoyed by the
neighboring property to the west. Therefore the proposed encroachment of
the average setback line is justified.
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ----6--.1-4-, +-7,-
d. The proposed street setback of 30 feet rather than the required 50-foot setback
is a function of balancing the need for a usable buildable envelope with the
existing constraints of the required street setbacks and top of bluff setback,
which if no variances were granted would yield a buildable envelope of less
than 10 feet in depth.
e. Based on the location of the neighboring residence structures and the
configuration of the private road and cul-de-sac serving the neighborhood, the
proposed location of the new home 30 feet from the street lot line will have
minimal or no negative impacts on the character of the neighborhood.
f. The topography and shape of the Property creates a practical difficulty for
locating the home in a conforming location with respect to the defined top of
bluff and bluff impact zone. A significant portion of the property meets the
Zoning Code definition to be considered as a bluff.
g. An existing old driveway bed located just above and just below the defined
top of bluff may provide some level of slope stability that would not otherwise
be present. The proposed house location will be within 15 feet of the top of
bluff but is intended to be uphill from the driveway bed and not disturb the
integrity of the driveway bed.
h. The Applicants' proposed site plan indicates that approximately 10 mature
trees protected by virtue of being within the bluff impact zone will be
removed along the uphill edge of the old driveway bed. No other protected
trees are proposed to be removed.
1. The Applicants' engineering consultant has provided an opinion that the
proposed house location above the driveway bed will be in soils that have
sufficient stability to allow construction of the proposed home. The City
Engineer in his review has indicated that while the information provided by
Applicants is not a guarantee of slope stability, the proposed house location
will minimize grading and erosion potential, and the positioning just above the
driveway bed provides the most stable location with regard to the downhill
slope.
J. Approval should be conditioned on the recommendations of the Applicants'
Engineer and the City Engineer as noted in their respective submittals,
especially in regards to erosion control and surface water runoff management.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
£ " /l 7
NO. 0 ! """
k. The variances to allow encroachment of the bluff impact zone and bluff
setback are necessary to allow for a reasonable building envelope for the
property. Additionally, the heavily wooded nature of the bluff area and the
regulatory protection afforded vegetation on bluffs and bluff impact zones by
Orono Zoning Code Section 78-1285 should result in minimal negative
impacts to views of the property from the lake.
1. The Applicants' request will alleviate a practical difficulty inherent to the
Property and not created by the Applicants.
m. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
n. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Applicants and the public, and the effect of the proposed variances on the
health, safety and welfare of the community.
5. 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 variances 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 Applicants, but are necessary to alleviate a practical difficulty;
are necessary to preserve a substantial property right of the Applicants; 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 Section 78-305 to allow construction
of a new residence on the Property to be located 3 0 feet from the rear or street lot line where a
50-foot setback is normally required; and grants a variance to Orono Municipal Zoning Code
Section 78-1279(6) to allow encroachment of the defined average lakeshore setback; and grants
variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow
Page 4 of7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ___ ..,,.,6_"+-! -4'-+-7--
construction of a new residence located 15 feet from the defined top of bluff where a 30-foot
setback is normally required and encroaching 5 feet into the defined bluff impact zone where no
such structures are normally allowed, subject to the following conditions:
1. Council approval is based on the survey depicting the site plan, grading plan and tree
removal plan for a conceptual residence structure footprint submitted by the Applicants
and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments
to the plans which are not in confonnity with City codes or which revise the footprint to
an extent that would cause the removal of additional mature trees or result in substantial
additional grading within the bluff impact zone will require further City Council review.
2. The City Council acknowledges that no building plans have been submitted depicting the
floor plans or fa9ade elevation views of the proposed structure, but advises the Applicants
that this approval is in part based on statements by the Applicants that the house
constructed pursuant to the approval of variances will be in character with other homes in
the neighborhood. Applicants are advised that City regulations regarding the height and
massing of residence structures will be strictly adhered to.
3. Grading within the defined bluff impact zone to create an access driveway around the
south side of the house to serve a basement-level storage garage will not be allowed.
4. The following engineering requirements shall be adhered to with regards to construction
of a home on the Property:
a) Silt fence shall be placed at the downhill edge of the old driveway bed prior to
any work, including tree removal. Erosion control for the entire site during
construction shall adhere to City and MCWD requirements.
b) Disturbed slopes shall be seeded and protected with erosion control blanket
immediately after grading is completed. Sodding is also acceptable.
c) All runoff from the new house, yards, walks and driveways shall be designed to
properly manage potential erosion issues due to point discharges. Installation of
rain gardens to collect the new runoff shall be required, designed to limit the peak
runoff rates, disperse point discharges and prevent erosion.
d) Tree removal and backfilling of the resultant ground openings shall adhere to the
recommendations of Applicants' engineer as indicated in the report by Carl
Anderson Engineering dated April 30, 2012.
5. Applicants are advised that the Property has not been provided with a sanitary sewer
service stub and was not assessed for the required Sewer Connection Charge at the time
the neighborhood line was installed. The existing sanitary service stub directed toward
Page 5 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
6 1 4 7 NO. ________ _
this lot is intended to serve the property at 780 Brown Road North, and potentially may
require an easement over the Property at 790 in order to make use of it at the time 780 is
connected. The Applicants will have to install a new connection to serve 790 and will
bear the costs of the City Sewer Connection Charge at the time of connection ($8250 for
2012) as well as the Met Council SAC fee (both due at the time of building permit
issuance), City connection permit, and grinder station for connection to pressure sewer.
6. 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 framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (June 25 , 2013).
7. Violation of or non-compliance with any of the te1ms and conditions of this resolution
shall constitute a violation of the zoning code, shall automatically te1minate any authority
granted herein, and shall be punishable as a misdemeanor.
The undersigned Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns ,
hereby agree to the recording of this resolution in the chain of title of the Prope1ty .
. . . Ad9_pNd _.,~y,,t}'i~Ql:ono City Council on the 25 th day of June, 2012 .
. , ;::A2~:~:~y~:{:./-)':~ U -~ ke_#JL
~::I)ridi S\Ve'e;'1 ·· fty ,Cfork. , Lili Tod McMillan, Mayor
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Page 6 of 7
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 1 4 7'
()--f-11 /J
This instrument was acknowledged before me this _7_ day of /fu£41 f: , 2012, by
John D. Stavig, husband of Phoebe M. Stavig.
RACHEL DODGE
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31 ; 2015
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was aclmowledged before me this~ '1day of (ll{f:J1-~, 2012, by
Phoebe M. Stavig, wife of John D. Stavig.
MONICAA. FADNESS
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan . 31 , 2017
-~~'-2--Z✓~a!?c:'8'3~~~~
~v~~
Notary Public
Page 7 of 7
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CERTIFICATE OF SURVEY FOR
JOHN D. STAVIG
OF TRACT F, R.L.S. NO. 1275
HENNEPIN COUNTY, MINNESOTA
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Tr:ict F. Registered Land Survey No., 1275, files. of Registrar orTitles, Hennepin County, MlnnEtsota
This survey fntends lo show the boundaries of the above desaJbed property,
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topography northerly of the ':d driveway, nnd topography from field shots southerly
...oJ the old driveway. It doe$ not purport to show any other Improvements or enaoachments.
jJt : Denotes lrce to be removed .
o : Iron marker
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: Denotes proposed contour line
: Denotes proposed spot elevation
arlng!. shown are based upon en assumed datum
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2-22-12 POSSIBLE HOUSE. GRADING. ~D TREES IN THAT AREA SHOWN $ GRONBERG & ASSOCIATES, INC.
CONSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
445 NORTH WILLOW DRIVI; LONG LAKE, MN. S53S6
952-473-4141
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on June 25, 2012, with the original thereof on file in
my office, and the same is a conect transcription thereof.
,· WITNESS my hand officially as such City Clerk and the Corporate seal of the
·. · .: .... ~ity'this 26th day of June , 2012. .. .. ..
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