HomeMy WebLinkAboutResolution 3499 . .
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL CODE SECTIONS 10.23, SUBDIVISION 6 (B),
10.22, SerBDIVISION 2, 10.56, SUBDIVISION 16 (L),
10.56. SUBDIVISION 16 (I) & (J)
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 11.0.03, SUBDIVISION 19
FILE NO. 1968
WHEREAS, Keith and Vivian Bangert (hereinafter the "applicants") have an
interest in the property located a 3500 Bayside Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lots 24 and 25, Auditor's Subdivision No. 203, Hennepin County, Minnesota
(hereinafter the "property"): and
WHEREAS, the applicants have made application to the City of Orono to permit
the construction of a residence and a driveway to serve said residence, requiring variances to
Municipal Zoning Code Section 10.23. Subdivision 6 (B) to allow residential use of a lot 1.65'
in width where a lot width of 200' is required and lot area of 1.97 acres where a lot area of 2.0
acres is required, and variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision
16 (L) to alloW hardcover in the 0-75' lakeshore setback zone to accommodate the driveway,
where no hardcover is normally allowed, and a variance to Section 10.56, Subdivision 16 (1) to
allow intensive vegetation clearing to accommodate said driveway in the 0-75' zone and in the
bluff impact zone where intensive vegetation clearing is normally prohibited, and a variance to
Section 1:!.56. Subdivision 1.6 (1) to allow ,.radiTig, and lining within the 11-75' lakeshore setbact
zone and within the bluff impact zone where grading and tilling is normal;y not allowed, and
a conditional use permit per Section 10.0+, Subdivision 19 for land alterations within a lakeshore
area.
NOW. THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDLN GS
1. This application was reviewed as Zoning Fiie #1968.
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER 3E itCES
Page 1 of 8
FEB 21 1995
BY E //wa DEPUTY Form 5005 Disk Orono
04;L‘ °40
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CCITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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`` :' & NO. 8499 A
2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning
District requiring 2.0 acres minimum lot size and 200' minimum lot width.
3. The property is approximately 1.97 acres in area and 165' in width.
4 The Orono Plamaing Commission reviewed this application on September 19,
1994 and on a vote of 4 to 0 recommended denial of the proposed variances and
conditional use permit, finding that the proposed driveway location and design
while potentially being the least environmentally disruptive of the alternatives
reviewed by the applicant for a driveway directly to Bayside Road, may have
potentially severe safety problems; that Hennepin County Public Works has
indicated that no location along this property abutting Bayside Road has good
sight distance and that their approval is merely for the most acceptable location,
and finding that allowing this access is not in the best interest of the City or the
property owner; finding that other means of accessing the site may be feasible via
an easement through adjacent property; finding that drainage issues are of concern
and have not been adequately addressed; finding that the proposed driveway
results in many mature trees and most other vegetation being destroyed in the 0-
75' zone on a steep slope and bluff; finding that the proposed major disruption
of the hillside will have a negative visual impact as viewed from the lake; and
finding that the hardships presented do not outweigh the negative aspect of the
proposal.
5. The City Council reviewed this application on October 10, 1994 and on a vote
of 4 to 0 granted conceptual approval of the proposed driveway subject to limiting
Like; 1)011:1011 . ' . f�„ ). 1? { ri`i-:t.-of-way to erely the ac' .ss
f Ali:, chi Y.'lf�� in s-ikl. l.va.Iljt iiia. `.i
apron; subject to applicant providing a revised plan addressing the City
Engineer's expressed concerns, to be approved by City Engineer prior to final
Council approval; subject to applicant providing acceptable tree and vegetation
removal schedule and replacement plan for City approval; and that no future
variances shall be granted for development of this property.
6. On November 28, 1994 the City Council reviewed the revised grading plan,
retaining wall plan, and tree/vegetation removal and replacement plan submitted
by the applicant and the City Council hereby makes the following additional
findings of fact: .
Page 2 of 8
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Form 5005 Disk Orono
01O
,7 410 CITY of ORONO
I" RESOLUTION OF THE CITY COUNCIL
1,� 1� ' ( ti NO. 3 4 9 9
a. At 165' in width and 1.97 acres in area, the property is substantially large
enough to accommodate development of a single family residence without
the need for any variances other than lot area, lot width and those needed
for construction of the driveway in the 0-75' setback and bluff impact
zones.
b. The subject lot is served by and has been assessed for sewer as part of the
Stubbs Bay Sewer Project.
c. The only road right-of-way adjacent to the property is Bayside Road. It
is not reasonable to deny access to Bayside Road, and the City cannot
force a neighboring property owner to sell or grant an easement for access
to the applicants' property.
d. Although the proposal will eliminate a significant number of trees and
destroy a significant amount of vegetation in the 0-75' zone and on the
bluff impact zone, the impact is being minimized by the construction of
retaining walls to result in less area being disturbed than would be
disturbed if retaining walls were not used and slopes were graded at the
required 3:1 slope.
e. For the purpose of this application. the total area of the 0-75' zone
includes only that area within 75' of the shoreline and not within the 66'
right-of-way of Bayside Road. The 0-75' setback zone therefore contains
an area of 2,970 s.f. Hardcover proposed in the 0-75' zone is 1,265 s.f.
or 42.6%.
f. Applicants have provided a replanting plan which will provide for
screening of the retaining walls as viewed from the lake, and which
proposes to replace approximately on a tree-for-tree basis the number of
6" diameter or larger trees expected to be removed in both the 0-75' and
bluff impact zones. While the trees to be planted do not match in height
or diameter the mature trees to be removed, said new trees will help retain
the natural wooded character of the lot. It is appropriate in the context of
the major disruption which will occur that applicants' plan be modified to
replace no less than one tree for each tree 6" in diameter or greater that
is removed from the 0-75' setback zone.
Page 3 of 8
Form 5005 Dish Orono
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�' CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
A 1 NO.
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g. The impact of the proposed plan as viewed from the lake is no greater
than the impact provided by other alternatives for driveway location on the
property.
h. With minor revisions to applicants' plan, the concerns of the City
Engineer in regard to Ili\ 1ioject can be. resolved.
7. The 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 variance would not adversely affect traffic conditions, light, air nor pose a
fire hazard or other danger to neighboring properties, 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
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
8. The City Council finds that granting a conditional use permit to allow the
driveway construction in the 0-75' lakeshore setback zone will not be detrimental
to the health, safety or general welfare of the public, would not adversely affect
light, air nor pose a fire hazard or other danger to neighboring property, nor will
it depreciate surrounding property values and that the proposed level of use of the
property will be in keeping with the intent and objectives 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 Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow residential
development of a lot 165' in width and 1.97 acres in area where 200' of width and 2.0 acres in
area are normally required; and grants a variance to Section 10.22, Subdivision 2 and Section
10.56, Subdivision 16 (L) to allow hardcover in the 0-75' lakeshore setback zone of 1,266 s.f.
or 42.6% where no hardcover is normally allowed; and grants a variance to Section 10.56,
Subdivision 16 (I) and (J) to allow intensive vegetation clearing and grading and filling within
the 0-75' lakeshore setback zone and within a bluff impact zone where intensive vegetation
clearing and grading and filling is normally not allowed; and grants a conditional use permit per
Section 10.03, Subdivision 19 for grading within the lakeshore zone, subject to the following
conditions:
Page 4 of 8
Form 5005 Dish Orono
OCITY of ORONO
#4, 0 t,
' RESOLUTION OF THE CITY COUNCIL
4114SH
1. Hardcover in the 0-75' zone shall not exceed 1,265 s.f. or 42.6%, and shall only
include the driveway and retaining walls. Hardcover in the 75-250' zone shall
not exceed the maximum allowance of 25.0% or 7,219 s.f., and applicants are
placed on notice that it is unlikely that this Council or a future Council would
grant a variance for hardcover in the 0-75' zone.
2. Prior to commencing construction of the proposed driveway, applicants shall
complete the following:
a. Provide for City Engineer review and approval a revised plan for the
driveway moving it approximately 5' northward near the road access
apron in order that only the entrance portion of the driveway is within the
right-of-way of Bayside Road.
b. Provide for the City Engineer's review and approval a cross section of the
proposed driveway indicating the presence or absence of curbing and
drainage accommodation.
c. Provide for City Engineer's review and approval detailed design plans for
the catch basin and culvert proposed at the driveway entrance.
d. Provide for City Engineer's review and approval a detailed design for the
proposed guardrail at the southwest curve of the property.
e. Provide for City Engineer's review and approval detailed design for
screening along east line to prevent headlight conflict with westbound
traffic.
f. Obtain a permit from Hennepin County Department of Public Works for
the proposed driveway and culvert construction.
g. If driveway construction commences prior to issuance of a building permit
for the new residence, obtain a driveway/land alteration permit from the
City.
Page 5 of 8
Form 5005 Disk Orono
0:7 °41-0
CITY of ORONO
RESOLUTION OF�THHE4 �CITY COUNCIL
pi 1V7 9 ie
41k OV'
h. Meet with staff on the site to inventory and mark all trees of 6" diameter
or greater in the 0-75' zone, and modify the proposed replanting plan to
include replacement of all such trees in the 0-75' zone (on a tree-for-tree
basis) that are ultimately removed to accommodate the construction.
3. Applicants and their contractors shall adhere to the "Best Management Practices
for Protecting Water Quality in Urban Areas", and shall take whatever erosion
control measures the City deems necessary for erosion control on the site.
4. The City Engineer shall make periodic inspections of the site during construction
and a final inspection of the driveway prior to its final approval.
5. Revegetation of disturbed soils at the site shall include sodding of all disturbed
slopes as soon after commencement of grading as is feasible. The re-planting
plan for trees and shrubs is attached to this resolution as Exhibit A (to be
modified as noted above), and all proposed plantings shall be completed per said
plan prior to issuance of a Certificate of Occupancy for a new residence on the
property, or within one year of the commencement of driveway construction,
whichever is sooner.
6. Authorities granted by this resolution run with the property not with the owners,
but are permissive only and must be exercised by application for a building
permit for a residence on the property within one year of the date of Council
approval, or the special conditions of this resolution will expire on that date
(November 28, 1995).
7. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
8. 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.
Page 6 of 8
Form 5005 Dish Orono
' O
O O
CITY of ORONO
=� RESOLUTION OF THE CITY COUNCIL
Akit' NO. 3 4 9
ESH
';V4zw ..Adopted by�,the Orono City Council on this 28th day of November, 1994.
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:b ,r ithy " n tti.•, , ty Clerk Edward J. Call an, Jr., Mayor
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
November, 1994, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
s..-....,...,,,,....._...........-....,
J�r,....��� JAMIE L.BOSMA �!!l
�j NOTARY PUBLIC-MINNESOTA ' l /-
:\ ' HENNEPIN COUNTY 0 d/j i L-t_k-,/i916:17-7l-A-
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C{„17-72-t-
'r..•• M Commi i n f / ,
y ss o Exp res Jan ze 200- ti Noyf Public
STATE OF MINNESOTf^ )
) ss.
COUNTY OF HENNiFPIN )
On this 01/ day of DI C 714,Qr _, 1994 , before me a Notary Public
within and for said County,personally appeared ;_, / - L.„ ,i A .
known to me to be the person(s) described in and who/xecuted t e foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
X)2,677/-41-,
a r-./Y-,--.00,-----:-..r...--...,---,-,---_,-_,-- _r"- ......2,- Camt.412..).
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JAMIE L.BOSMA ` Nota9Public
x.,74 . NOTARY PUBLIC-MINNESOTA
Y N't:i • HENNEPIN COUNTY
r My Comm.Expires 12-19-97
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Form 5005 Dish Orono
•
CITY of ORONO
(41 °4C)
„� RESOLUTION OF THE CITY COUNCIL
f1i , ('4 r A, NO. 3 A 9 1
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. / �/ day of r�� a 1995 before me a Notary
On this - .
Public within and for said county,personall appearedG 1JiL 2 A • . , id/ ' , .. ----
--hu-1)-(1' . -.� ,/ A� .`, known to me to be the person(s) described in ":nd w o executed
the foregoing instr •ment, and acknowledged that he (they) executed the same as his (their) free
act and deed.
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•�4• JAMIE L.BOSMA a.Yj.“_,C -`' '�e, —
NOTARYPUBLIC-MINNESOTA NOT• '-if PUBLIC
,-'' :- ' ENNEPIN COUNTY
�••� My Commission Expires Jan.31,2000 •
S
STATE OF MINNESOTA )
) 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 8 of 8
Form 5005 Dish Orono
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RESOLUTION #3 4 9 2
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a 19 meetingand that the City
the same is a�truel andeld on
correct
November 28 -�
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 30th
day of November , 19 94
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oro 4 y M. H• ., City Clerk
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6400058
7.1FE89515:27 A6400058 SOD $4.50
21FE89515:27 A6400058 DOC $16.00
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CE:,7.7 :7!..ED 1,ND OR
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1995 FEB 21 FM 3: 28
6400058
4 CO.RECORDER
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