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Home My WebLink AboutResolution 1733 _ w: . � , .. . . � ,g. . \ � ' . 't��,-, �.. . � . � �� Ci.ty of ORONO :.a�:d • �r{�=�+� ,�y�.� RESOIUTION OF�THE CITY COUNCIL ..:, -.a�k�"� � NO: 17 3 3 •.:�:m«y��' - � sti • �- • •"; � _��:� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, GRANTING A VARIANCE TO SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 10_03, SUBDIVISION 19 - FILE �891 WHEREAS, John D. Miller (hereinafter "the applicant" ) is owner of the property located at 1105 Tonkawa Road within the City of Orono .(hereinafter "City" ) and legally described as follows : The northwesterly 200 feet of Lot 7 , Auditor ' s Subdivision Number 217 , Hennepin County, Minnesota, except that part lying Southeasterly of a line drawn parallel to and 160 feet Southeasterly, measured at right angles, from the � Northwesterly line of said Lot 7 , according to the recorded plat thereof. (hereinafter "property" ) ; and WHEREAS,. the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Section 10 . 22 Subdivisions 1 and 2, . and Section 10.55, Subdivision 8, to allow construction of a new home' located partially within the0-75footlakeshoresetbackzone, thereby requesting a 60 foot lakeshore setback where a 75 foot setback is normally required, and requesting a total of 730 square feet of hardcover (or 6$) in the 0-75 foot setback zone where 0$ hardcover is normally. allowed; and requesting a conditional use permit as required in Section 10 . 03, Subdivision 19 , for related site grading within the 0-75 ' lakeshore setback zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #891. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. • Page 1 of 5 ��.V;��. \ . . . ��' City of ORONO , - 's�� v . i • S; . �"'`'�� RESOLUTION OF THE CITY COUNCIL �.�• � Np, 1733 . . • , • �- � � , �:a�--� 3 . The Orono Planning Commission reviewed this application � on February 19 , 1985, and recommended approval of the proposed variances and conditional use permit, subject to City Engineer' s review and approval of the grading and drainage plans, based on the following findings : a) The existing home is setback 40 feet from the lakeshore. Applicant proposesto remove this home and construct a new home setback 60 feet f`rom the lakeshore. b) The home and boathouse currently existing on the property comprise 11� hardcover in the 0-75 ' setback ' zone. The proposed new home, boathouse, and steps would reduce the 0-75 ' hardcover to 6$. c) The existing steep topography and the locations of existing trees limit other sites for house placement. • d) The proposed house is a walkout which will require the removal of fill and major regrading of the lakeshore � banks located within 75 feet of the lakeshore. 4. The City Engineer has reviewed the grading and drainage plan and has recommended approval with minor change� which will tend to decrease the rate of runoff and increase infiltration in the lakeshore yard area. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed land alteration and variances on the health, safety, and welfare of the community. 6 . 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 applicant, but are necessary to alleviate a demonstrable hardship or difficulty; are 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. Page 2 of 5 « . . . �s�"�� Cit of ORONO . � . �, . ��;� . • �� .�:�;:;;�.;„ . RESOWTION OF THE CITY COUNCIL � N�, 1733 . K ,. � •� � � � � ' � . . . �� ;_: . . . . 'tii'1��'�:�. . ' . � • . 7. The City Council finds that granting a conditional use permit to alter the lakeshore bank as proposed will not be detrimental to the health, safety or general welfare of the public, will not be materially injurious to properties or • improvements in the v,icinity and is in keeping with the . intent and objectives of the Zoning Code and Comprehensive Plan of the City. - � � . CONCI,USIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10 . 22, Subdivisions 1 and'2, and Section 10 . 55 , Subdivision 8 , and grants a conditional use permit as required in Section 10 . 03, Subdivision 19 , to permit the construction of a new home to be located 60 feet from the lakeshore, allowing 730 square f�et of hardcover (or 6� ) in the 0-75 • foot lakeshore setback zone, and permitting excavation and regrading of the lakeshore banks within 75 feet of the lakeshore subject to the . following conditions: 1. Erosion control measures shall be taken immediately upon initialgrading of thesite. Erosion controlmeasures shall as a minimum consist of the use of staked.hay bales and fabric silt fence at the lakeward limit of the grading. The area to be swaled at the southerly corner of the property shall be seeded or sodded using turf reinforcement mats as soon as grading is complete to minimize the time period the bare soil remains unprotected from erosion. 2. All grading within the lakeshore yard area shall conform to the proposed grading plan as amended by the City Engineer. The site grading is considered normal and customary in the construction of the new home and requires no additional grading permit. Suitable plans shall be submitted to the City for any proposed retaining walls prior to their . construction. The retaining walls are considered as a . structure and do require a separate construction permit. � 3. The boat house located on the lakeshore of the property is considered a non-conforming structure and is subject to all pertinent ordinances. • � Page 3 of 5 � . _ • � � � .,..�.a;, , • � � �.�� .. Ci.t� of ORONO . ;�,, � . �. I .1' '. n. ' . . �� '�� RESOLUTION OF THE CITY COUNCIL ,, i. � � NO,, 1733 • - • • . ;;f:s�,: • 4. The applicant is placed on notice that the proposed improvements increase the hardcover on this property to very . near the allowable limit of 25�, and is hereby advised that future improvements resulting in additional hardcover will likely be approved only with the concurrent removal of equal amounts of existing hardcover. The total allowable hardcover on this property is� 7 ,731 square feet. The current proposal totals 7,500 squarefeet, leaving only 231 . square feet potential allowable hardcove,r in the 75-250 ' setback zone. . � 5. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercises by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 11, 1986 ) ., � 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shail be punishable as a misdemeanor. . 7 . The undersigned applicant has read, understood and hereb� agrees to the terms of this resolution and on behalf of � himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the � property. Adopted by the City.Council of the City of Orono on this llth day of March, 1985 . . • ATT T: � �. D r thy M. Halli ; City Clerk Mary C. t er, Niayor (1 ) P ope t Owner • ' � . (2 ) rop ty Own r . Page 4 of 5 r . � d C�t o� ORONO � � � RESOLUTION OF THE CITY COUNCIL � � NO. 1733 • � • • � STATE OF MINNESOTA ) ) ss. � . COUNTY OF HENNEPIN ) , On this �� day of _ i�tC�tS� , 1985 before me a Notary Public within and for said county, personally appeared �p� j�, f?�/LG�7Z known to me to be the persor�(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � MIICHAEL P. GAFFRa►`� NIINNESOTA � /_�""��, �IOTARY EPIN COV�TY NOTARY PUBL C :�� . HENN ires�une tt,�se� MY Commission�P �� . :, 9as�'es� �u�� 9�� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. .. COUNTY OF HENNEPIN ) /gg� On this �` day of , .y9$Y before me a Notary Public within and for sa d County, personally appeared �V�L��cJ /�,��U�Y� 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. � � ` � �►+�+N""N GAFFR�N M�CHpE�-P• ►,AINNES07A NOTARY PUBLIC �''°"� NOTARY P116�IC- UNTY ;�_� �; HENNEPIN C� e,,,,sa� �?�� ExPiresJu^ ..�,� •. �ty�ort,misslo� �^� , � ?• h4a •• ...:�.ee �6� . C' . l:��i>t.^F°�'�'.'...,... MY C�MMIS ON EXPIRES Page 5 of 5 �