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Home My WebLink About#4957-variance-2003 4 . I O� O O �'��a�.- CITY of ORONO a � � � � ..: � �� G~' RESOLUTION OF THE CITY COUNCIL �� kESI30g' NO. � � =� � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (A); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(1); SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C)(6); SECTION 10.56, SUBDIVISION 16 (L)(1); AND SECTION 10.56, SUBDIVSION 16 (L)(2) FILE I�O. 03-2876 WHEREAS, Sevie L. Lannin� (hereinafter "the applicant") is the ow•ner of the property located at 3329 Crystal Bay Road, within the City of Orono (hereinafter "the City") and le�ally described as follows: Lot 6, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota, (hereinafter "the property"); and `VHEREAS, the applicant has applied to the City for variances from Municipal Zoning Code Section 10.25, Subdivision 6 (A); Section 10.2�, Subdivision 6 (B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(C)(1); Section 10.22,Subdivision 1 (B); Section 10.56, Subdivision 16 (C)(6); Section 10.56, Subdivision 16 (L)(1); and Section 10.�6, Subdivision 16 (L)(2) to construct a new residence on the property with a lot area of 3,741 s.£ (0.09 acres)where 21,780 s.f. (0.5 acres)is reqtiired; a lot width of 50' where 100' is required; setback of 48' from the OHWL of Lake Minnetonka where 75' is required; rear yard setback of 10' where 30' is required; an encroachment of 16' into the average lakeshore setback; 1,121 s.£ (40.82%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted; and 285 s.f. (28.64%)hardcover within t'r.e 75' to 250' lakeshore setback zone w�here 248.75 s.f. (25%) is permitted, in the LR-1C zoning district; and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Planning Commission lield a public hearing on March 17,2003,at which time all persons desiring to be heard ccncerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Pa�e 1 of 6 - � � ��' O 0 �'�� , ,� CITY of ORONO �1 �'�,;� ��:�''� H � � " ?`��'Y �'�' RESOLUTION OF THE CITY COUNCIL ��L�.k� �^►o.�g,�' N O. �-: v' � �� ESH FINDINGS 1. This application was reviewed as Zoning File#03-2876. 2. The property is located in the LR-1C Zoning District; «•here 0.5 acres is the minimum required lot area. The property consists of approximately 0.09 acres. 3. The Orono Planning Commission reviewed this application on March 17,2003 and tabled the application in order for the applicant to provide elevations depicting the height of the proposed structure.The Planning Commission heard the application for the second time on Apri121, 2003 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the follo�vin�findin;s of fact: A. The lot size and width are substandard for the zoning district; B. The property contains an existing residence; C. The majority of the lot is located within 75' of the OH`VI,of Lake Minnetonka. The required 30' setback from the rear lot line and 75' setback from the OHWL overlap, leaving no buildable area on the lot; D. The 100' of Dakota Rail right-of-way on the rear of the property is not in use as a rail corridor and is guided for a re�ional trail in the future. Therefore, a 5' setback from the rear lot line, rather than the 10' proposed, �vill not negatively impact land owners to the south and will allo�v for a reduction of the proposed encroachments of average setback and 75' setback; and E. The proposed house will encroach between 8'-11' into the average lakeshore setback�vhereas the existing house encroaches 9'. The neighboring vie�vs of the lake will not be greatly impacted by the proposed encroachment. 5. 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 will not adversely affect traffic conditions, light, air,nor pose a fire hazard or other danger to neighborin�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 Zoning Code and Comprehensive Plan of the City. Pa�e 2 of 6 � . � °� o �, o �'�� CITY of ORONO ,��.�. � � �� G~ RESOLUTION OF THE CITY COUNCIL l� v �g,� � �: �•. � kESH� NO. � e�� 6. The City Council has considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff,comments by the applicant and the effect of the proposed variances 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 from Municipal Zoning Code Section 10.25, Subdivision 6 (A); Section 10.25, Subdivision 6 (B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.22, Subdivision 1 (B); Section 10.56, Subdivision 16(C)(6); Section 10.56, Subdivision 16(L)(1); and Section 10.56, Subdivision 16(L)(2)to constnict a new residence on the property with a lot area of 3,741 s.£ (0.09 acres) �vhere 21,780 s.f. (0.5 acres) is required; a lot width of 50' where 100' is required; setback of 53' from the OHWL of Lake Minnetonka�vhere 75' is required;rear yard setback of 5' where 30' is required; an encroachment of 8-11' into the average lakeshore setback; 1,029s.f. (37.47%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted; and 420s.f. (42.21%)hardcover within the 75' to 250' lakeshore setback zone where 248.7� s.f. (25%) is permitted. 1. Council approval is based on the site plan submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) A building of no more than 30' and 2 '/2 stories in heiaht will be permitted to be constructed on the lot; � b) Overhan�s must not exceed 1 '/z' encroachments into the setbacks; c) A minimal side�valk may be added from the front door to the driveway, not esceeding 2' in �i�idth. The sidewalk ��•ill count as additional hardcover in the 0-7�' setback zone, beyond the 1,029 s.f. (37.47%) hardcover proposed; d) The existin� storm water culvert must be located on the property prior to discussions with City staff regarding culvert relocation. Prior to obtaining a building permit, a survey showing the proposed relocation of the culvert �vithin �' from the rear lot line and 10' from a side lot line will be required. A drainage and utility easement �vill be required over the relocated culvert as �vell. The costs of these improvements ��ill be the financial responsibility of the property o«ner. If the relocation of the culvert cannot be accomplished Page 3 of 6 . � � �11�' O �, O , �'�� CITY of ORONO ,� .�,,�:� � Y �� ~' RESOLUTION OF THE CITY COUNCIL � yaA � �� '� �4�'G � � 1. �' kES�I N O. without revisions to the house footprint, those revisions may be subject to further review by the Planning Commission and City Council; e) Existing and proposed gradin�and drainage ways should be shown on plans submitted for a building permit; and fl Erosion control measures must be installed, inspected and approved prior to any work on the site. 3 . Authorities �anted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (Apri128, 2004). 4 . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zonin� code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. �. The undersi�ed applicant has read,understood and hereby agees to the terms of this resolution and on behalf of herself,her heirs,successors and assigns,hereby agrees to the recordin� of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 28th day of April, 2003. ATTEST: �� "� �' �� C4.C��7 �� ,` rC � Linda S ''ee, City Clerk Barbara A. Peterson, Mayor � �� Property O�r� er (s Pa�e 4 of 6 . . o.�. � 0 0 . ��a�a„-, C ITY of ORONO � �� "�p � �� Y �"�' '1 �G'�' RESOLUTION OF THE CITY COUNCIL `gkESH�O NO. � � � `a STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � � ». ��,_,l� -C�-,_:<-�,„� .� ��y �,�@��Q{�� ; Notary Public N�A�Y?UL'Lit�-ivi'�;t��' 1S �-'J�:F°�� '�:.;!�'tS"Q�rX�'� S 1�y�' i ryr-�.x�i�r . - . . . . V L��1��V 1� COUNTY OF HENNEPIN , The foregoing instrument was ackno�vledged before me on this �T" �day of April,2003 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. :-.--��_�..._.. zy ''� " ��' �,�.Ci-;EL DO�G� �$ '�; r .� . ' � .�- '.f�-�-�� 'C� - �;; . KO+;=RY PUELIC-h11N�:�"OTA � Ss ','y Ccnm;ss;cn Expir,z:,Jari-31,2pG5 �� Notary Public �. Z l�/'✓.J.r....- ._._._...�_�.c..�...��.,,_ .�.:.G.::.^.4..i:�..�_. STATE OF MII�'NESOTA COUNTY OF HENNEPIN On this _x- day of r1�;_� �_, 1 ,2043, �`:��,�.; ,�. L. L�:� � ; � ;:�,c l� personally appeared before me, � �vho is personally known to me ; whose identity I proved on the basis of 1`-1 �� 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. , �' ��''- ,/f�?i.�' ' ,�1�_ r-wz ��NlSE M.LESKINEN Not Public NOTARY PUBIiC-MINNESOTA � ^�� My Cortunissicn Expires Jan.31,2005 Page 5 of 6 . o � � � o �,� � o ��,� CITY of ORONO � �� Y,�A,�� RESOLUTION OF THE CITY COUNCIL �t`�k sKo�`� rvo. 4 9 � `� STATE OF MINNESOTA COUNTY OF HENNEPIN On this_ day of , 2003, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acl:nowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of 6 . - CERTIFICATE OF SURVEY FOR EXHI�IT A ' . � SEVIE LANNING '��'`�"*'"" • OF LOT 6, WALLACE' S ADDITION TO MINNETONKA BEACH , HENNEPIN COUNTY, MINNESOTA LAKE � � � �'� �INNETONKA CRYSTAL BAY o � � . .... ....... ... .... 929.4 CONTOUR LINE... , O�`� �� a5'► ,�� / �s � �0 �. ............SURVEY �� _- : / ..._Ro��rLINE 0 ;.� - �r; :' ��.�' �°w��'...... O: - _- �� - 4 :�p;o � - i ��OQ.� � DRarVEWFW HOUSE G �`.'�� mo�i �� - �........... .-' C� �' °� PR SED � ` `scA. :o- s � s s. o � a , �, '�� y`��m HO�SE - ��..,�o:- 9 s� �3329� -; oo, o � � ��..::: � . � �y�G �° �� ``� �}�r� : .o°" , . V � � _ �a'- ,y �O� QO .... .._........_........' � ��5a Extsrwc ..............-�c. EXlSTING _ GARAGE " J '- HOUSE ° _ �Y ��. o`�� .� � , � o�s' �'�-� �25� �2o sF �°o p�� 288`-� �_ LPctJD tNlr �� D S� LEGAL DESCR I PT I ON OF PREM I SES : l,��`� C��'� �'� c��-.��r. Lot 6. Wailace' s Addition to Minnetonka Beach �� o : denotes iron morker fou��d I Bearings shown are based upon an assur-ned datum. ..� This survey intends to show the boundaries of the above described property, the location of on existing house, and the proposed location of o proposed house thereon. it does not purport to show any other irrprovernents or encroachrrients. i n�rmr c�t�ry tta� i�s 4r��r ras prepored by me a un2er mr Sral aqer- SCaLE GRONBERG & ASSOCIATES, INC. Y��a a�y regalutd Civi Erq�eer �,a�Q,a s��,�«,�, �"=20' �1��,�� the laws o( lhe State ol Alimesc+lo. DnrE 02-11-03 �� `�� 7//_ /p JOB N0. � E� 952-473-4141 ___��t 03-036 uark S. Cronber Alimesota Lic Number 12755 �3-036 w�