HomeMy WebLinkAboutResolution 3691 0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 3 6 9 1
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C).
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2
AND SECTION 10.23, SUBDIVISION 6 (B)
FILE NO.2105
WHEREAS,Jon Lebedoff and Sally Mitchell Lebedoff(hereinafter"tl,e applicants")
have an interest in the property located at 1101 Ferndale Road West within the City of Orono and
le.-illy described as follows:
Tract B. Registered Land Survey No. 902, Files of the Registrar of Titl�:S, County of
Hennepin, Minnesota(hereinafter "the property"); and
WHEREAS, the applicants have applied to the Cite for variances to Municipal
Zoning Code Section 10.033, Subdivision 14 (C), Section 10.22, Subdivision 1 (B)and 2 and Section
10.23, Subdivision 6 (B) to permit construction of a new residence on a property tha: is 8,+8
arta where 87,120 s.f, or two acres is required, on a lot that measures 58' at the 75' setback and
nicasured in a straight line at the shoreline where a 200' width is r quired. The structure is t�, i,e
located 1' frotri the wvest side lot line where a 30' setback is required and 11.7' from the east side -4
line w=here a ' setback is required. 1-ie structure will belocated 42.5 from the street lot line where
a 50' setback is required. Per Section 10.22, Subdivision 1 (B), the residence structure will be
located 20' from the main lake where a 75' setback is required but will maintain a 75' setback from
the lagoon at the north side of the property. Per.Section 10.22, Subdivision 2, hardcover within; the
0-75' setback area is proposed at 3,800.2 s.f. or 52.6%w=here none is allowed and within the 75-25+3'
ztlb- k area. hardcover is proposed at 861.3 s.f. or 67.8% where 25:o is allowed and where 100'i�
e7k::sts. Fer Section 10.03, Subdivision 14 (C), the new construction will require a structural
coverage --ariance proposed at 2.345 s.f. or 27.6%where 1,500 s.f. or 17.6% would be allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
Nlinnesota:
TRANSFER LrNnfto FINDINGS
APR 24 16thk Page 1 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH0g� NO.
1. This renewal variance application was reviewed as Zoning File 42105.
2. The City approved variances noted above in an earlier variance application review
based on the unique findings and hardships set forth in Resolution#3540 of the City
of Orono.
3. The property is located in the LR-lA Lakeshore Residential Zoning District requiring
two acres in area. The property consists of 8,481 s.f. or .19 acres.
4. The Orono Planning Commission reviewed this renewal variance application on
February 20, 1996 and recommended unanimous approval of the variances as
proposed. based upon the following unique findings and hardships:
A. The property is .19 acres and subject to 2 acre setback standards.
B. The substandard parcel is subject to restrictive lakeshore setbacks at both the
north and south sides of the property.
C. The property is served and connected to municipal sewer.
D. The building/structural footprint has been reduced by 168.8 s.f. or 2% and
total hardcover on the property has been reduced from 69%to 54.9%.
E. The structure cannot be moved closer to east lot line because of the location
and impact of the 931.5 flood plain contour. The Orono Code does not allow
excavations or filling within the flood plain.
F. The proposed improvement would be consistent with the recent
improvements of older properties within the West Ferndale neighborhood.
G. Per Ceil Strauss' letter of March 20, 1995, the DNR will allow a 20' setback
from the main lake for new construction because of the drainage pattern of
the property that drains over the grassed gravel yard area to the rear or lagoon
area. Ms. Strauss has reconfirmed via the phone that she will not change her
position with the renewal variance application.
Page 2 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH04 NO. 3 6 9 1
4. The Cite 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
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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 applicant, but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and Nvould be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
5. The 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 the Municipal Zoning Code Sections listed above to permit the construction of a 38.6'
x 60' two story residence and grants approval of a 78,639 s.f. or 90.2% area variance, a lot width
variance of 142' or 71% and 128' or 64%, west side lot line variance of 9' or 90%, an east side lot
line variance of 18.3' or 61%, lakeshore setback variance at the main lake of 55' or 73.3%,hardcover
variance within the 0-75' setback area of 3,800.2 s.f. or 52.6%, a hardcover variance within the 75-
250' setback area of 544 s.f. or 42.8%and a structural coverage variance of 845 s.f. or 9.9% subject
to the following conditions:
1. Upon application for a building permit, applicant shall provide final survey locating
the approved structure at approved setbacks. Plans shall include a detailed grading
and drainage plan to ensure no impact upon the flood plain of Lake Minnetonka
(931.5 elevation). Erosion control shall be maintained on the property until all
disturbed areas are restored to natural groundcover.
2. All hardcover improvements scheduled for removal as shown on page 6 of this
resolution shall be completed prior to the footing inspection for the new construction.
This shall include the patio areas that extend from the lake side of the existing
residence and gravel drive areas located within both the 0-75' and 75-250' setback
areas.
Page 3 of 6
L
O O
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
��9kESH04G NO. 3 6 c�`
e
;. Authorities granted by this variance run with the property not with the applicants.but
are permissive only and must be exercised by applicants presenting a complete
application for a building permit within one year of the date of Council approval, or
this variance will expire on that date (March 11, 1997).
4. Violation of or non-compliance with any of the terms and conditions of this variance
shall constitute a violation of the zoning code, shall automatically terminate an.'
authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns.
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 11th day of March, 1996.
A ST:
Dorothy N . H lin, City Clerk Gabriel bbour, Acting or
Prop rt - Owner(s)
Estate of Robert G. Mitchell
STA OF MINI�'ESOTA ) by: Wi"-
ss.
COUNTY OF HENNEPIN ) Robert G. Mitchell, Jr.
Personal Representative
The foregoing instrument was acknowledged before me on this 11 th day of March,
1996 by Gabriel Jabbour and Dorothy M. Hallin,Acting Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
CAROLE A.HASEMAN li; , i .( ; •- .r"% _
•
NOTARY PUBLIC-MINNESOTA Notary Public
' HENNEPIN COUNTY
- •�•' My Commission Expires Jan.31.2m00
Page 4 of 6
O O
CITY of ORONO
ONti
RESOLUTION Of THE CITY COUNCIL
G
�9kESTrI�g� NO. 69
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN ) _
On thisJ�.r day of k�k , 199 tp before me a Notary Public within
and for said county,personally appeared Jonathan G. Lebedoff and Sarah M. Lebedoff
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
* RANDN ALLEN BYRNE
NOTARY PUBLIC•MINNESOTA
STATE OF MINNESOTA ) � ,; MY CpN1 EXPIRES
JANUAARYRY 31,,3200000
) ss.
COUNTY OF HENNEPIN )
On this /0 day of 199 before me a Notary Public within
and for said county,personally appeared Robert G Mitchell, Jr
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
* Personal Representative of the Estate of Robert G. Mitchell, deceased,
on behalf of the Estate,
NOTARY PUBLIC_
TOM A.WULM
STATE OF MINNESOTA )
rP
) �aeG».sw
ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within
and for said county,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 5 of 6
I
�k
RESOLUTION #
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
ion of the City
Minnesota, do hereby certify that I have compared the f of such re oregoing lut�f a on in the resolutMinut sof the
t' ZIP
Council of the City of Orono with the original record
proceedings of said City Council at a meetinand othatsthe same is aid city �ruen andecorrect
March 11 19 96,
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 18th ,
day of March 19 96
Do thy M. a , City Clerk
(SEAL)
'COPY
OFFICE OF C"�(xIb i}tft�c
CE TULES
HENNEiJ
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C"
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APR 2 5
,may a •9 `'��rt
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V 4200 IDS CENTER IN DENVER
80 SOUTH EIGHTH STREET LIND(XJW VENNUM&CHRISTENSEN P.L.L.P.
MINNEAPOLIS,MINNESOTA 55402-2205 600 17TH STREET,SurrE 2125
TELEPHOE:LINDQUIST &VENNUM P.L.L.P. FAx:612N371G132071 3211 TELEPHONE:COLORADO735900 401
ATTORNEYS AT LAW
Robert G.Mitchell,Jr.
(612)371-3262
A 9
August 16, 1996 VG
Mr. Steve Williams
Lundgren Bros. Construction, Inc.
935 E. Wayzata Boulevard
Wayzata, MN 55391
Re: Mr. & Mrs. Jonathan G. Lebedoff
1101 W. Ferndale Road
Dear Steve:
I reviewed the above file regarding the Orono variance. What appears to have
happened is that the wrong diagram got attached to the 1996 resolution. I enclose copies
of both the 1995 resolution and the 1996 resolution. As you can see, the 1995 resolution
has an accurate survey of the proposed new house which shows that the house is 62'
front-to-rear. By contrast, the 1996 resolution has a sketch attached to it. The sketch was
preliminary and was based on the old house. In addition, there is a mistake in the sketch.
The mistake is that the distances shown on the old house are 24.9', 11.6', and 23.3' and
the sketch ends there. When in fact there are an additional 3.2' of house on the lakeward
side. If you add up all four numbers, rather than just three numbers, you come out to the
proper depth of the house being 62' front-to-rear.
I have gone over this with Mike Gaffron at the Orono planning and zoning office.
He will look into it and hopefully attach the correct survey to the 1996 variance
LINDQUIST &VENNUM P.L.L.P.
Mr. Steve Williams
August 16, 1996
Page 2
resolution, showing that the house is in fact 62' front-to-rear. He will make Lyle, the
building inspector, aware of the change. I believe this will solve the problem. If you have
any further question, please feel free to call.
Very truly yours,
LINDQUIST & VENNUM P.L.L.P.
Robert G. Mitchell, Jr.
RGM:ap
cc: Mr. & Mrs. Jonathan G. Lebedoff
�Mr. Mike Gaffron
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