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Home My WebLink About#4792-variance-2002 t � ' t � ti' . i�� o �\ � �\ �o 0 � ' CITY of ORONO .6 � ��I � �� 'C� p�� RESOLUTION OF THE CITY COUNCIL t9 4�ji ��SHOj N0. _ � � � � — A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBDIVISIOi�' 2 AND 10.56 SUBDIVISION 16 (L)(2) FILE NO. 02-2740 `VHEREAS,Jeffiy J.Twidwell and Nancy A.T�vidwell(hereinafter"the applicants") are the o�vners of the property located at 1865 Concordia Street within the City of Orono(hereinafter the "City") and legally described as follows: Lot 1,Block 1,Fagerness`�'oods,Aennepin County,l�Iinnesota (hereinafter the "property"); and �VHEREAS,the applicants have made application to the Cityof Orono for avariance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75-250' zone in excess of the 25% allo�ved by code for the construction of a new residence to replace the existing residence on the property. NO�V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2740. 2. The property is located in the LR-1C Lakeshore Residential Zoning District, which requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot contains 0.51 acre and has a defined width of 102',and therefore is conforming in lot area and width. 3. The property contains an e�cisting residence structure and detached garage,comprising `lot covera�e by structures' of 11.4%�vhere 15 %is normally allo�ved. The existin� residence,garage,decks,sidewalks,driveways,and other calculable hardcover on the property totals 1,574 s.f. or 20.4 % in the 0-7�' lakeshore setback zone where no hardcover is normally allowed, and 6,124 s.f. or�42.83 % in the 7�-250'zone where only 25% hardcover is normally allowed. Page 1 of 7 � , ' _ - �� —_�� /� O ' V\ O O \\\ I � �b � �; CITY of ORONO ti !� �� G�� RESOLUTION OF THE CITY COUNCIL \�gg04'�/ NO. � � � � ► 4. Proposed hardcover on the property is 2�2 s.f.or 3.27%in the 0-75'zone,and 4,797 s.f. or 33.54 % in the 75-250' zone. Proposed lot coverage by structures is 11.7 %, well below the 15 % maximum allowed. -5. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval of the requested variance as presented on a vote of 7-0, conditioned upon removal of the deck portion of the 252 s.f. stairway/deck �'system located near the lakeshore in the 0-75'zone. The deck portion comprises 120 s.f. of hardcover to be removed, leaving 132 s.f. of stairway in the 0-75' zone. 6. The City Council makes the following findings of hardship and justification in regards to this application: a. The existin�residence is in a non-conforming location because it is partially within the 0-75' zone, and because it encroaches past the average lakeshore setback defined by the locations of the two abutting lakeshore residence structures. Applicants propose to remove the nonconforming residence and replace it with a new residence,attached garage and decks located completely outside of the 0-75' zone and behind the defined average lakeshore setback line, resulting in a conforming residence location, but still resulting in an excess of hardcover in the 75-2�0' zone. b. Potential methods to reduce hardcover in the 75-250' zone include reducing the footprint of the proposed residence and garage; movin� the proposed residence and gara�e nearer the street; and reducin�the size of the driveway. c. The proposed footprint of house and gara�e at 2,565 s.f. or 11.7%of lot area is not excessive for a conforming lot in the LR-1C District. d. Keeping the proposed residence relatively in line with adjacent lakeshore residences will avoid a `domino' effect which would negatively affect the nei�hbors' average lakeshore setbacks. e. Moving the proposed house and garage closer to the road could have a negative impact on applicants'views of the lake which would be impeded by the location of existing neighborin� homes which are both conforming or nearly conforming to the 75' lakeshore setback. Page 2 of 7 ��\ �'� °� \ 0 0�,, ��e - �� CITY of ORONO .� �;! ti �; �� G��% RESOLUTION OF THE CITY COUNCIL \\kESH�j/ NO. 4 7 � '� �— f. Three mature maple trees in viable condition exist in the 75-250' zone, one of which is located centrally on the property.Preservation of these maples will preserve an amenity for the property and the neighborhood, and will be consistent with the Comprehensive Plan by preserving the wooded nature of the Lake Minnetonka shoreline. Further, the trees are so large that their relocation is not feasible, and replacement with trees of similar size and character is not feasible. For these reasons,the location of these trees presents a hardship to redevelopment of the property, limiting the variety of possible house/garage confijurations and locations. The proposed house is designed and located to limit encroachment into the root systems of these trees. g. The proposed driveway is intended to serve a 3-stall gara�e and allow for a backup area so that vehicles can enter Concordia Street without backing into the street. This is important because eYisting vegetation on adjoining properties limits traffic visibility. Even though Concordia is a relatively low- traffic street,it is a through street,with a very narrow(only 25')right-of-way. h. While a smaller driveway consisting of less hardcover could be desi�ed to accomplish the same objectives, such a driveway�vould have to be located to the immediate south of the rivo mature maples nearest the road,rather than in the existin�/proposed driveway location north of said trees. This would have a negative impact on their root systems,which have developed primarily in this undisturbed area to their south rather than under the existing/proposed driveway, as documented by applicants' forester, Steven J. Cook in letters dated March 2, 2002 and Apri18, 2002. i. Hardcover in the 75-250' zone can be reduced by approximately 160 s.f by reducing the driveway width from 18' to 14' for the first 40' as it enters the property, resulting in 75-250' hardcover of 4,637 s.f. or 32.43 %. j. Each of the factors noted above individually would not justify the�anting of a variance,but the combination of all factors affecting this specific property does comprise a hardship to the property�vhich supports the granting of a variance. . Page 3 of 7 , / �_ -_-_-_.-\ /� O�\ / \ / O O \ �b - �,� C ITY of ORONO � � �� ti � �'C� G~' / RESOLUTION OF THE CITY COUNCIL l � � �`9�k'Eg Og' � N O. w � � � �� k. Because the location of mature trees is a primary factor in the determination of hardship for this site, the loss of said trees durin� or after redevelopment of the property would negate many of the basis for hardship. Therefore, it is reasonable to establish as a conditions of approval that the applicants and their agents take all feasible and reasonable steps to ensure the continued viability of the trees. Further,it is reasonable to require that if one or more of said trees dies or is removed within the first 5 years after redevelopment of the site commences,said trees will be replaced immediatelywith the most substantial trees of like character that can feasibly be transplanted in the approximate same locations as the tree lost. 7. 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 applicants' a�ents, and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions existin�on this property are peculiar to it and do not apply generally to other property in this zonin�district; that granting the variance 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 applicant; and would be in keeping with the spirit and intent of the ZoninJ 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 Zonin; Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2)to allow hardcover in the 75-250'zone in the amount of 32.43%where only 25%hardcover is normally allowed, subject to the follo�ving conditions: 1. Council approval is based on the site plan submitted by the applicant and as modified by City staff to show the driveway w-idth reduced to 14' for the first 40', attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page4of7 . // �O_ \\ � � � � O� , O , �� - C ITY of ORONO � , �r/i ti �; �� ,�� RESOLUTION OF THE CITY COUNCIL '��kEgII�� NO. _ � rX � � � 2. Applicants are advised that the only site gradin� allowed in the 0-75' setback zone is that minimal grading necessary to fill the foundation area of the existing house,and any additional g�-ading necessary to accomplish proper site drainage, subject to approval of the City En�ineer. Grading in the 0-75' zone intended to artificially ' lower the pre-existing elevation to create a walkout situation is specifically not approved. A site grading plan shall be submitted and approved by City staff prior to issuance of the demolition and building permits for the site. 3. Applicants and their agents shall take all feasible and reasonable steps to ensure the continued viability of the 3 mature maple trees identified as contributing to the hardship situation on the property. If one or more of said trees dies or is removed within the first 5 years after redevelopment of the site commences,said trees shall be replaced immediately with the most substantial trees of like character that can feasibly be transplanted in the approximate same locations as the trees lost. 4. Applicants shall obtain the appropriate erosion control permit from the MCWD prior to commencing demolition, site grading or construction on the site. 5. Authorities �anted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a buildin�permit for the new construction�vithin one year of the date of Council approval,or the variance will expire on that date (April 22, 2003). 6. 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. 7. The undersigned applicants have read, understood and hereby a�ee to the terms of this resolution and on behalf of themselves, their heirs, successors and assi�s, hereby agree to the recording of this resolution in the chain of title of the property. Page 5 of 7 � j� =0� � �� O O � \ �� - , I'� CITY of ORONO I � �;;! \�'C� G~' i RESOLUTION OF THE CITY COUNCIL ��`9$E 04'�� N O. }� �� SH��/ � � Adopted by the Orono City Council on this 22nd day of April, 2002. ATTEST: ,� � �-��r� `�� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � ; . ^ /� �� 2 Pr pert wner(s) � STATE OF MINNESOTA COUNTY OF HENNEPIN ,�i � l The foregoing instrument was acknowledged before me on this�day of � ?n 1 ,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ;.� I / � � l Notary Publ'e r`� JACKlE YOUNG STATE OF MINNESOTA �� _ NOTARYPUBUC-MINNESOTA COLJNTY OF HENNEP 1N , `��;:�� h"yCemmissionExpiresJan.31,2005 '�"-„•�^�;^,,-..-r;y,. ' " w�CC.'GC`a'�:'rr:.. The foregoing instrument was acknowledged before me on this��'(day of ��ri / ,2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �J�,Cic �- l`-�--� /-�--cfc��-- , �''� R�1C�ri.�JODGE "' - .� �JOTP:.'' _'Ui,-A�,r;,.�ro�� I�TotaryPublic :-�; , �V_,,:" My Ccrrmiss:on�xpires J�n.3 i,2705 _��_.v�:�"'�- Paje 6 of 7 ' i;�=--\ %� O,�.\ O O� �b - , 1; CITY of ORONO �� -i \� G~' i RESOLUTION OF THE CITY COUNCIL 9kESHOj � NO. 4 � � °`� ��_� STATE OF MINNESOTA COUNTY OF HENNEPIN On this �/-f day of��u.i , 2002, /1��,v��ci ��. %�vi�/�;.� �f personally appeared before me, � who is personally known to me ;i whose identity I proved on the basis of_ �L.t l�;' i�C- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. / � � 9 C' �G- � x,l.i�----- Notary Public STATE OF MINNESOTA C��ISE M.LESKINEN COUNTY OF HENNEPIN NOTARYPlJ6LlC-MINNESOTA � .;�.� My Cortunbsion Expkes Jan.31,2005 On this��day of /�'1�- y , 2002, -_l �- ��r �l• Tw� � u;F�l personally appeared before me, � �vho is personally kno�vn to me � �vhose identity I proved on the basis of �%�✓ � L whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. �'j,��- a�% C.�:��i��-� Notary Public � MARY ANN JOHNSON 1�OrAR1r p��-►�Nr�sotA Mr Ca�1Non Expi�e Jon.91.2005 Page 7 of 7