HomeMy WebLinkAbout#6407-variances and CUP-2014 ,. �°�o �
� � C ITY OF ORONO
� � RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
GI2ANTING VARIANCES TO
MUNICIPAL ZONING C011E
SECTIONS 78-350, 78-1279(1), 78-1286, 78-1680 AND 78-1700(1);
AND GRANTING A CONDITIONAL USE PERMIT
PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966
- FILE NO. 14-3664
WHEREAS, David Schmid, a single person, and Angela Ciliberto, a single
person (hereinafter ``the Applicants") are the owners of the property located at 3309 Crystal Bay
Road within the City of Orono (hereinafter the "City") and legally described as follows:
Lot 1, Wallace' s Addition to the Village of Minnetonka Beach, together with a
portion of vacated street ]ying northeasterly of and adjacent to said lot described as
follows: That part of said vacated street lying southwesterly of a line drawn from a
point on the Sotrtheasterly line of said vacated street distant 10 feet northeasterly
from the most southerly corner of said vacated street, to a point on the
Southwesterly line of said vacated street distant 113.91 feet northwesterly from said
most southerly corner, Hennepin County, Minnesota.
(hereinafter the "Properry"); and
V�'HEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-3�0 to allow construction of a new
residence on a lot of�,237 s.f. in area where a lot area of 21,780 s.f. is normally required, and of
width 52' at the shareline and �9' at the 7�' setback line where a lot width of 100' is normally
required, and with a setbacl: of 1.T fram the rear lot line where a 30' setback is normally
required; and
WHEREAS, the Applicants have applied for variances to Orono Municipal
Zoning Code Sections 78-1279(1) and 78-1279(2) to allow construction of a new residence ST
from the OHW of Lake Minnetonka where a 7�' setback is normally required, and 24' from the
traveled portion of Crystal Bay Road where a 30' setback is normally required; and
WHEREAS, the Applicants have applied for variances to Orono Municipal
Zoning Code Sections 78-1680 and 78-1700(1) to allow construction of a new residence and
associated hardcover in the amount of 36.57°/o within Hardcover Tier 1 where onlv ?5%
hardcover is normallv allowed: and
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WHEREAS, the Applicants have applied for a variance and conditional use
permit pursuant to Municipal Zoning Code Sections 78-966 and 78-1286 to allow grading and
the construction of retaining walls as well as excavation and grading to accommodate
construction of a new home, al] within the 0-75' lakeshore setback zone; 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 May 19, 2014 at which times all persons desiring to be heard concerning this
application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVEll by the City Colmcil of Orono,
Minnesota:
FINllINGS
l. This application was reviewed as Zoning File number 14-3664.
2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 0.5 acre and a minimum lot width
of 100'.
3. The Planning Commission reviewed this application at a public hearing held on
May 19, 2014 and voted 7 for and 0 against on a motion to approve the requested
variances and conditional use permit subject to certain conditions and based on
the following findings:
a. The Property contains 5,?37 square feet in area outside of the traveled right-
of-way of Crystal Bay Road and has a defined width of 52 feet at the lake and
�9 feet at the 7�-foot setback.
b. The existing residence and attached garage exhibit a number of
nonconforrnities including excess hardcover, substandard side and lake
setbacl<s and attached garage encroachment of nearly 8 feet into the Hennepin
Count�� Regional Rail Authority (HCRRA) right-of-way, The proposed
residence will be similar in footprint and shape to the existing but is being
reoriented to meet the required 10' side setbacks and to be located entirely
within the property boundaries.
c. In order to accomplish eliminate the HCRRA encroachment while retaining a
viable footprint, the house is proposed be placed ST from the OHWL,
resulting in a rear lot line setback of 1.7 feet. The HCRRA has indicated in an
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email dated 4/9/2014 that they view the elimination of the encroachment as an
improvement and do not object to the resulting substandard rear setback.
d. The applicants' property and the homes to its east gain vehicular access via a
shared driveway that exists within the HCRRA right-of-way under a 2007
easement agreement between HCRRA and the City. Applicants' property is at
the end of that shared driveway, and neighboring property owners have
indicated that construction traffic is a two-fold concern in that the Applicants
and their contractors must maintain access for the other users of the driveway,
and any damaQe to the driveway caused by the construction process should be
rectified by the Applicants. Plaru7ing Commission recommends that the City
inspect the driveway prior to commencement of home demolition/construction
and establish a baseline condition for coinparison after construction is
complete.
e. Crystal Bay Road is unique in that the street was never platted but exists by
prescription between the homes and the lake. The rear of the lots abut the
HCRR.A railroad riRht-of-way. In many cases along the road, lots are not very
deep and therefore a number of properties have been granted variances to the
lalce setbacl< over the years. The proposed lake setback of 57 feet is not
inconsistent with past variances granted for other homes on Crystal Bay Road.
The proposed home location will not encroach on the established average
lakeshore setbacl:.
f. In addition to the house replacement, Applicants propose to remove an
existing underground garage that opens to Cr}�stal Bay Road approximately 10
feet back from the traveled road. Applicants propose to l:eep the driveway and
a portion of the garage floor to create an open parl:ing stall approximately 20'
deep, which requires the construction of a new back retaining wall
approximately 8 feet in hei�ht. This parking area constitutes 0-75' hardcover;
however, a significant amount of fill would be needed to eliminate this
parking area, as the grade on either side is quite steep and additional retaining
walls would likely be needed to stabilize the 80% slope that would result. A
guard rail or fence above this parking area is likely to be required for safety.
g. Without variances the majority of the subject property is unbuildable as all but
the rear 26'-40' is located within 7�' of the OHWL. This creates a practical
difficulty for redevelopment of the property. However, the applicants do have
the right to replace the e�isting residence in-kind if they choose to do so.
From a footprint perspective, the existing house and proposed house are
nearly identical at approximately 1450 s.f. The proposed house will be 2 full
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stories rather than the existing 1-1/2 story structure. While the applicants'
proposal wi11 not increase hardcover, it will increase the visual bulk and
massing as compared to the existing home. The propose low-pitch roof will
help to keep the new home from visually towering over the neighbor to the
west.
h. Due to the very small size of the lot, proposed hardcover of 36.67% is
necessary to accommodate the house, driveway retaining walls, sidewalks and
parking area, and this level of hardcover is a slight decrease from the existing
hardcover level of 37.7%. There is not sufficient room on the property to
provide mitigation measures for the excess hardcover.
i. City Code Section 78-966(a)(2) indicates that landowners must obtain a CUP
from the City prior to engaging in activities that include fill to elevate or alter
the existing natural crade. In this project the Applicants propose grading that
will direct runoff from the HCRRA right-of-way around the house and to the
front, with the intent to not direct drainage to neighboring properties. The
CUP is required because a portion of the grading work and the new retaining
wall at the lower parking area are within 75' of the lake. In relation to the
findings necessary for issuance of the CUP for grading and retaining walls,
Planning Commission finds that:
1) The proposed retaining walls and grading improvements are residential in
nature and are compliant with the zoning code.
2) The proposed improvements are appropriate and in character with the
surrounding land and neighborhood, and the proposed new residence
partially within the 75-foot setback zone will have little impact on
surrounding lands. Drainage patterns for runoff leaving the site will be
altered with the intent to significantly improve them.
3) The grading activity will not impair the use and enjoyment of the property
in the area or have an adverse impact on the property values in the area
when compared to the impairment or impact of `.;enerally permitted uses.
The proposed use of the property for a residence, coupled with the
changes in use of the lower garage area, will result in minimal impacts to
the use and enjoyment of adjacent properties.
4) As long as the Applicants and their contractors are vigilant in ensuring
construction activity does not impair other driveway and Crystal Bay Road
users, and that any damage is repaired, the grading activity and its results
will not cause� excessive non-residential traffic on residential streets or the
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shared driveway, parkin� needs that cause a demonstrable inconvenience
to adjoining properties, traffic congestion, nor unsafe access.
�) The proposed grading is designed to take into account the natura] and
scenic features of the area. The proposed grading on this lot is minimal
and as a result will have minimal if any environmental impacts but will
alleviate an existing drainage issue for the Applicants' property.
j. Applicants' initial plan to re�locate onto the property the small 5'x9' shed that
is partially in the HCRRA right-of-way may be difficult to accomplish in a
conforminb manner. Therefore Planning Commission recommends that based
on the small size of the proposed attached garage, it would be reasonable to
provide the Applicants the option of eliminating the shed entirely and
increasing the width of the garaae by the square footage of the shed, as long as
the required side setbacks can be maintained.
k. Planning Commission finds that the property owner proposes to use the
property in a reasonable manner, i.e. for residential purposes, in a manner
similar to other hoines on the block, on a parcel similar in size to a number of
others in the immediate neighborhood. The sma11 lot was created and
developed for residential use long ago, a circumstance not created by the
owner. The proposed new residence will result in a home that is similar in
scope to other homes in the immediate neighborhood on small lots with
substandard setbacks and will not alter the character of the locality
l. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
m. The Applicants have demonstrated that enforcing the provisions of the Zoning
Ordinance deprives the Applicants of the reasonable use of their Property.
4. The Applicants have submitted a revised proposal that eliminates the shed and
adds approximately 49 square feet to the garage area by widening it by 2 feet
while maintaining the required side setbacks.
�. The City Council has considered this application including the findinas and
recommendation of the Plannin� Commission, reports by City staff, comments by
the Applicants and the public, and the effect of the proposed variances and CUP
on the health, safety and welfare of the community.
6. 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 zoning district; that granting
the variance would not adversely affect traffic conditions, light, air nor pose a fire
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hazard or other danger to neibhboring property; would not merely serve as a
convenience to the Applicants, but is necessary to alleviate a practical difficulty;
is necessary to preserve a substantial property right of the Applicants; and would
be in keepinb 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
variances to Orono Municipal Zonin� Code Section 78-350 to allow construction of a new
residence on a lot of 5,237 s.f. in area where a lot area of 21,780 s.f. is normally required, and of
width 52' at the shoreline and 59' at the 7�' setback line where a lot width of 100' is normally
required; and grants a variance to Section 78-3�0 to allow a setback of l.T from the rear lot line
where a 30' setback is normally required; and grants variances to Sections 78-1279(1) and 78-
1279(2) to a1Low construction of a new residence 57' from the OHW of Lake Minnetonka where
a 7�' setback is normally required, and 24' from the traveled portion of Crystal Bay Road where
a 30' setback is normally required; and variances to Sections 78-1680 and 78-1700(1) to allow
construction of a new residence and associated hardcover in the amount of 36.�7% within
Hardcover Tier 1 where only 2�% hardcover is normally allowed; and grants a variance and
conditional use permit pursuant to Section 78-966 and 78-1286 to allow grading and the
construction of retaining walls as well as excavation and grading to accommodate construction
of a new home, all within the 0-75' lakeshore setback zone where no �rading is normally
allowed; subject to the following conditions: �
l. Council approval is based on the survey submitted by the Applicants and annotated by
City staff, attached to this Resolution as Exhibit A, and the conceptual building plans and
elevations submitted by the Applicants and attached as Exhibit B. Any amendments to
the site plan or buildin� plans which are not in conformity with City codes will require
further Planning Commission and City Council review.
2. Prior to issuance of a building permit, applicants shall submit a final grading and
drainage plan that addresses any City Engineer concerns regarding slope stability and
retaining wall design; subject to adherence to the City's erosion control regulations as
well as the permitting requirements of the MCWD. Timely re-vegetation and stabilization
of the site will be a requirement of the permitting process.
3. Applicants shall take all necessary precauYions to ensure that the mature oak ash tree
within the 0-75' setbacl< zone is not affected by construction. The mature oak tree next to
the underground garage area is anticipated to be disturbed by the proposed construction,
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and if dama�ed or removed a replacement tree of a size and species approved by City
staff shall be planted.
4. Fencing or other positive safety barriers shall be permanently placed above the retaining
walls that surround the lower parking area.
5. Applicants and their contractors shall be vigilant in ensuring construction activity does
not impair other shared driveway and Crystal Bay Road users. Applicants and their
contractors must maintain access for the other users of the shared driveway.
6. The City shall inspect the shared driveway prior to commencement of home
demolition/construction to establish a baseline condition for comparison after
construction is complete. Any damage to the shared driveway caused by the construction
process shall be rectified by the Applicants.
7. 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
home. A framing inspection must be completed for the home within one year of the date
of Council approval, or the variances and CUP granted herein will expire on that date
(June 9, 2015).
8. Violation of or non-coinpliance 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.
9. The undersigned Applicants have read, understand and hereby aaree to the terms of this
resolution and on behalf of the Applicants and the Applicants' heirs, successors and
assibns, hereby acree to the recording of this resolution in the chain of title of the
Property.
Adopted by the Orono City Council on the 9`�' day of June, 2014.
ATTEST:
' � / � '
�C?t-� t`-.�,-1 ���; ��C l ',� , ';�, � � � �n"���r�
Rachel Dodge, City Clerk � Lili Tod McMillan, M r
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Prope y Owner s)
STATE OF MINNESOTA
COLiNTY OF HENNEPIN
This instrument was acknowledged before me this 9 dayo uf J u- . ?014, by
David Schmid, a sinble person.
�+c BARBARA G. SILUS ^ ' � Q� ��� n.- -
�t��'!� N�,T ARY PUBLiC-MINNESOTA u�U 2�l'-(.!/1
���''� n�, �mm�ss�on EKpiresJan.31,2018
..� ��
_ Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknov��led��ed before me this �day of J�-�- . ?014, bv
Angela Ciliberto, a single person.
BARBARA G. SILUS �� ��
NOTARY PUBLIC-MINNESOTA NOtai'V PUbI1C
,;„,.• My Commission Expires Jan.31,2018
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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 9th, 2014, with the original thereof on file in
my office. and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the
City�this ;-�day of =_� �-�-� (_ ��_ , 2014.
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Doc No A10101982
Certified, filed and/or recorded on
Jul 28, 2014 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 47 Pkg ID 1135737M
Doc Name: Variance
Document Recording Fee $46.00
Document Total $46.00
'�
This cover sheet is now a permanent part of the recorded document. ',�;