HomeMy WebLinkAboutResolution 2407 5572529
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2407
ORONO
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL CODE
SECTION 10.22, SUBDIVISION 1 AND 2,
SECTION 10.55, SUBDIVISION 8
AND GRANTING A CONDITIONAL USE PERMIT,
PER SECTIONS 10.03, SUBDIVISION 19 AND 20
FILE NO. 1223
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et.
seq. the City Council of the City of Orono has adopted a Community
Management Plan and Zoning Regulations for the protection of the
public health, safety and general welfare; and
WHEREAS , John and Lynn Waldron (hereinafter "the
applicants") and the owners of the property located at 1951 Concordia
Street and legally described as follows:
Lot 10, Fagerness, Hennepin County, Minnesota (hereinafter "the
property" ) ; and
WHEREAS, the applicant has made application to the City of
Orono for variances to municipal Zoning Code Section 10 .22 ,
Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction
of a deck which constitutes structure and hardcover in the 0-75'
lakeshore setback zone where no such hardcover and structure is
normally allowed, and which encroaches on the required average
lakeshore setback; and for a further variance to Section 10.55,
Subdivision 8 and a conditional use permit per Section 10.03 ,
Subdivision 19 and 20 for filling, grading and excavation within the
0-75' lakeshore setback zone where such work is not normally allowed;
and
WHEREAS, on November 16, 1987, the Orono Planning Commission
held a public hearing on this matter, at which time any and all
members of the public wishing to comment on the proposal were heard.
The Planning Commission then voted 4 in favor, 0 against, 1 abstention
to recommend denal of the applicants' original proposal to create a
walkout by excavating within the 0-75' lakeshore setback zone, finding
that other methods for bank stabilization exist, that the walkout
excavation was not related to the bank erosion stabilization needs,
that the walkout excavation would not be in character or in conformity
with the majority of neighboring residences, and that allowing the
walkout excavation would set a precedent in conflict with current City
philosophy and past denials of similar proposals; and
Page 1 of 10
City of ORONO
CITY • RESOLUTION OF THE CITY COUNCIL
OF NO. 2407
ORONO
WHEREAS, on January 11 , 1988 the City Council voted 4 to 0 to
deny the applicants original proposal for excavation within 75' of the
lakeshore to create a walkout type yard area, finding that the proposed
grading greatly exceeded that necessary to merely restore the lakeshore
bank, that no hardship was presented to adequately support the need for
such .a walkout excavation, that such excavation would result in a negative
impact on the character of the shoreline, and was not in keeping with the
guidelines of the City's Comprehensive Land Use Plan. The Planning
Commission recommended approval of a ground level deck as proposed,
attached to the house, subject to concurrent removal of the existing
platform structure near the lake; and
WHEREAS, the applicant subsequently submitted a revised proposal
to the Council , to create a 3' deep excavation between the house and the
lakeshore bank, rather than the deeper walkout excavation originally
proposed. On February 8 , 1988 the Council voted 5 to 0 to refer the
application back to the Planning Commission for review of the proposed
revision; and
WHEREAS, on March 21, 1988 the Planning Commission reviewed the
revised proposal and voted 3 to 1 on a motion to recommend denial of the
revised proposal , making the same findings as their previous
recommendation, and recommended approval of variances for average lakeshore
setback and 75' lakeshore setback and for hardcover, to allow construction
of a deck along the lakeshore side of the house, conditioned on concurrent
hardcover removals, resulting in no net increase in hardcover in the 0-75'
setback zone; and
WHEREAS, on March 28, 1988 the City Council voted 4 to 0 to deny
the 3' excavation from the bank to the house, making the same findings as
their January 11, 1988 denial and in that same motion approved the bank
restoration method referred to as Option E of the March 23 , 1988 staff
memo; , and voted 4 to 0 to approve the necessary lakeshore setback and
hardcover variances to allow construction of the proposed deck, subject to
removal of existing hardcover so that no hardcover increase results. In
addition, the council voted 3 to 1 to deny the continued use of the
existing drainpipe transporting roof run-off directly to the lakeshore
bank, which does not allow for any infitration; and
WHEREAS, the City Council has reviewed the application; the
recommendations of the staff and Planning Commission; and the comments and
written statements submitted by the applicant and his consultants.
Page 2 of 10
City of ORONO
CITY • RESOLUTION OF THE CITY COUNCIL
OF NO. 2407
ORONO
WHEREAS, the City Council hereby makes the following additional
findings of fact regarding the proposal:
1. The property is located in the LR-1C, Lakeshore Residential Zoning
District and consists of 14 , 363 s.f .• or 0. 33 acres. The LR-1C
.district requires 21,780 s.f. or 0.50 acres in area.
2. The proposed land alterations on the property are located entirely
within the 0-75' lakeshore setback zone where 0% hardcover is normally
allowed. The existing hardcover on the property in the 0-75' zone is
19 .7%.
3. The Council finds that approval of the proposed deck at grade
level will have no significant impact on views enjoyed by neighboring
properties, and in conjunction with concurrent removals of existing
hardcover, and minor reduction in the size of the proposed deck, the
goal of not increasing hardcover in the 0-75 ' zone can be
accomplished.
4. The Council finds that restoration of the erosion occurring along
the applicant's lakeshore bank as a result of the July 23, 1987 storm
can be suitably accomplished without excavation extending all the way
to the basement wall of the house. The Council finds that any
hardship imposed on the property by the bank erosion is not
significantly related to the excavation proposed to create a walkout
or a 3' terrace level extending to the house.
5. The major land alteration proposed in conjunction with the
excavation to create a walkout or a 3' terrace level within the
lakeshore protected area (0-75' from lakeshore) is found to be in
complete conflict with the following principals and goals set forth in
Orono's Community Management Plan:
Page 3 of 10
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2407
ORONO
SHORELAND, FLOOD PLAN AND STORM WATER CONSIDERATIONS - C.M.P. 3-9
ORONO'S MANY MILES OF SHORELINE ARE ESPECIALLY SENSITIVE TO MISUSE OR
OVERDEVELOPMENT. As the interface between land 'and water, the shoreline
is ever changing . Shorelines are subject to continual erosion by wave
action , ice buildup or unstable soil conditions. Droughts dry out
vegetation and heavy rains or snow melt cause land slipage .
On top of these natural pressures, man is drawn to the lake and the
shoreline often becomes his battleground with nature. Lake access often
means active use and construction of buildings and structures causing
unnatural soil loadings, vegetation removal, and land alteration. Exposed
soil becomes more subject to erosion and man-made hardcover increases
direct runoff quantity and speed. Power boats increase wave action and,
more damaging , stir up the lake bottom causing release of nutrients and
increased turbidity.
The impact , of course , is a degradation of water quality, impaired lake
access and a change in the natural aesthetics which drew people to the
shore in the first place. Legal considerations become entangled when
lot descriptions conflict or become inconsistent due to changing water
levels or shoreline locations. Therefore , planning considerations must
recognize the desirability of human interaction with the lake while at
the same time providing for protection of nature ' s sensitively balanced
shoreline ecology.
LAND USE - C.M.P. 4-6
A PRINCIPAL GOAL OF ORONO'S PLANNING PROGRAM IS THE PROTECTION OF NATURAL
RESOURCES AND ENVIRONMENTAL AMENITIES, PARTICULARLY THE WATER QUALITY OF
LAKE MINNETONKA. The Environmental Protection Plan emphasizes Orono' s
unique environmental position in relation to the long-term health of Lake
Minnetonka. Land use and development will not be permitted at the expense
of environmental protection. Retention of natural vegetation , light, air,
fand open space will be promoted. Shorelines will be protected from erosion
and alteration. Wetlands and marshland will be protected and preserved
as wildlife habitats , unique open spaces and most importantly as the only
economically practical method of flood protection and storm water runoff
filtration.
GENERAL LAND USE POLICY NO. 2 - C.M.P. 4-12
2. ORONO'S LAND USE PLANS WILL BE BASED UPON ENVIRONMENTAL PROTECTION
POLICIES. Land use and development must assure the
conservation , protection and preservation of sensitive
environmental resources in accordance with the goals
and policies of the Environmental Protection Plan .
Land use policies will encourage the wise use and
management of natural resources while prohibiting their
misuse , abuse , overuse or exploitation.
on.,,, A „F in
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City of ORONO
CITYRESOLUTION OF THE CITY COUNCIL
OF NO. 2407 •
ORONO
GENERAL LAND USE POLICY NO. 6 - C.M.P. 4-13 •
6. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION.
Shoreland areas, whether bluff, beach or floodplain ,
are sensitive environmental features with significant
impact on lake water quality, aesthetic values and
land use function. These same factors act to draw
development which can be destructive if not properly
regulated. Natural vegetation in shoreland areas
will be preserved insofar as practical and reason-
•
able in order to retard surface runoff and soil
erosion, and to utilize excess nutrients. Clear •
-
cutting will be prohibited. In areas of soil or
wave action erosion, material stone rip rap
shoreline protection will be encouraged. •
GENERAL LAND USE POLICY NO. 10 .- C.M.P. 4-14
10. PRIVATE STEWARDSHIP OF LAND AND RESOURCES IS PREFERABLE TO INFLEXIBLE
PUBLIC CONTROL. Private ownership, maintenance
and stewardship of the land, including open space
and many types of improvements, is favored over
public ownership as being in the best and most
• beneficial interests of the property owner and
the public, providing for more intimate,
responsive and economical land management. •
GENERAL LAND USE POLICY NO. 13 - C.M.P. 4-15
13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT.
Land development should respect and enhance the
unique natural features of the site and the
general environmental assets of the community.
Preservation of natural views, vegetation ,
drainage and general respect for unique site
features always produces more aesthetic
results and lasting value for the property
owner and the community than does wholesale
alteration of the landscape. or mathematical
division to the highest possible density. .
URBAN LAND USE POLICY NO. 11 - C.M.P. 4-19
11. A SIGNIFICANT AMOUNT OF NATURAL WOODLANDS AND OPEN SPACE WILL BE
RETAINED ON EACH PROPERTY. Retention of the
natural environment requires careful siting
and preservation of trees and open space on
each urban property.
URBAN LAND USE POLICY NO. 13 - C.M.P. 4-19
13. RETENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION
AS VISIBLE FROM THE LAKE. Building heights will
be limited to less than the typical tree height.
Minimum green belts will be provided with pro-
hibitions against clearcutting or excessive
thinning of vegetation. Natural vegetation will
be preserved on slopes and retaining walls will •
be discouraged except when absolutely necessary
to prevent erosion , in which case they will be
screened with natural vegetation.
Page 5 of 10
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.( City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO, 2407
ORONO
6. The granting of the variances to create a walkout or a 3' terrace
level would result in the following violations of Section 10.08 ,
Subdivision 3 (A) of the zoning code with which the applicant must
first comply before the requested variances can be granted:
A. The property in question can still be put to its existing
reasonable use as a single family residence under conditions
allowed by the official controls, without creation of a walkout
basement situation.
B. The plight of the applicant in terms of his perceived need to
have a walkout excavation or a 3' terrace level is created by the
applicant, and has nothing to do with any unique hardship related
to the land.
C. The variance, if granted, will alter the essential character
of the locality, by creating a significantly artificially altered
lakeshore topography which other properties in the locality
generally do not have.
D. The granting of the requested variances would appear to serve
merely as a convenience to the applicant as there have been no
valid hardships demonstrated through the review of this
application.
E. The granting of the application is not necessary for the
preservation and enjoyment of a substantial property right of the
applicants.
F. The special conditions applying to the property in question
are not peculiar to this property and are typical of many
properties within the lakeshore areas of Orono.
7. The City Council finds that Option E of the staff recommendation
which includes a 3' high retaining wall at the top of the lakeshore
bank and regrading of the slope below that wall , is an acceptable
method of bank restoration, which in conjunction with adequate
vegetation screening will have the least visual impact on the
lakeshore in the general neighborhood, will be relatively equivalent
in stability to other potential bank restoration methods, and is one
of the methods proposed by the Hennepin Soil and Water Conservation
District as an acceptable method of bank restoration. Additionally,
the Council finds that this method does comply with the requirements
of Section 10.08 Subd. 3 (A) .
Page 6 of 10
.�. City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2407
ORONO
8. T e ouncil conditionally approved the use of a 3' retaining wall
on April 11 , 1988 by a vote of 4 to 0.
9. On May 23, 1988 at the applicants request the Council reviewed a
revised proposal to include an additional 2' retaining wall just below
the originally proposed 3' wall. Contractors bidding on the project
all advised applicant that the second wall is necessary for structural
stability. This was confirmed by City Engineer Glenn Cook. The
Council approved this revision at their meeting of May 23, 1988 by a
vote of 3 to 2.
10. The Council finds that channelization of roof run-off water through
a pipe directly through the lakeshore bank is not acceptable because
that method of transport greatly reduces the possibility for
infiltration of run-off water into the ground, in direct conflict with
the City's goal of maximizing infiltration of runoff which tends to
reduce the amount of impurities. Council recognizes the applicants
concerns regarding saturation-related bank erosion, and finds that
there are other potential methods available to reduce such saturation
without piping roof runoff water directly to the lakeshore.
11 . 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.
12 . The City Council finds that granting a Conditional Use Permit to
allow the bank restoration method found to be acceptable by the
Council will not be detrimental to health, safety, or general welfare
of public, would not adversely affect light, air, nor pose a fire
hazard or other danger to neighboring properties , nor will it
depreciate surrounding property values , and finds 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 variances to Municipal Zoning Code Section 10.22,
Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction of
a deck and retaining wall which constitute structure and hardcover in the 0
to 75' lakeshore setback zone where no such hardcover and structure is
normally allowed, and which deck encroaches on the required average
lakeshore setbak.; and grants a Conditional Use Permit per Section 10.03,
Subdivision 19 and 20 for grading, filling and excavation within the 0-75'
lakeshore setback zone where such work is not normally allowed, subject to
the following conditions: Pane 7 of 10
City of ORONO
CITY .' RESOLUTION OF THE CITY COUNCIL
OF NO. 2407
ORONO
1. Hardcover in the 0-75' lakeshore setback zone shall be maintained
at the existing 1122.41 square feet or 19.95$, in conjunction with the
addition of the proposed deck. The requirement that hardcover in the
0-75' zone not be increased shall be accomplished by the removal of
equivalent areas of existing hardcover in the 0-75' zone, to be
approved by staff prior to issuance of a building permit for the deck.
2. This approval is for a ground level deck that will extend no more
than 5'-0" from the westerly wall of the house, and which will extend
no more than 29' northerly from the south end of the house, resulting
in an average lakeshore setback encroachment of 1' based on the
average deck setback line of the two adjacent residents.
3. Bank restoration shall be accomplished throught the use of two
retaining walls near the top of the bank, no more than 3' and 2' in
height respectively, as generaly shown in Exhibit A attached. Prior
to issuance of the required permit for the retaining walls and
grading, applicant shall satisfy City staff that the retaining wall is
appropriately designed to provide the proper stability.
4. Proper erosion control methods as required by the City shall bE
maintained during all phases of the lakeshore bank restoration
project, until such time that the bank is stabilized and revegetatted.
5. The tile transporting roof runoff directly to the lakeohor I
shall be eliminated, and applicant is advised to work with city staf.
to find an acceptable solution to the roofrun off concerns.
6. Authorities granted by this variance run with the property no
with the applicant, but are permissive only and must be exercised b
application for a building permit within one year of the date o
Council approval, or this variance will expire on that date (May 23 ,
1989 ) .
7 . Violation of or non-compliance with any of the terms an
conditions of this variance shall consttute a violation
fhthe
reinonin
n
code, shall automatically terminate any authority granted
shall be punishable as a misdemeanor.
8. The undersigned applicant has read, understood and hereby agree
u the terms and this
assiresolution
ns, herebynagreeson behalf
thehimself ,
recordinghis
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thi
successorsg
resolution in the chain of title of the property.
THIS DOCUMENT WAS RECO ED i AN ILLEEI LE COa
Page 8 of 10
.. . _ .
. . .
A City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF
NO. 2407
ORONO
Adopted by the Orono City Council on this 23rd day of May,
198 : .
ATT T: �IF
L
Do othy 41 Hallin, City Clerk Jam . Gr ek,,, M yor
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Prope Owners ) /
Page 9 of 10
City of ORONO
CITYRESOLUTION OF THE CITY COUNCIL
OF
NO. 2407
ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this O day of c,C = , 1986>
before me a Notary Public within an for aid county, personally
appeared � n n /-/ . -/d ro r� known to me to be
the person(sq) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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NOTARY PUBLIC
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My EPIN COUNTY //
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of �!c-C,C�� , l98g', before me
a NQ .ary ;P blic, within and fox' said/ County, personally appeared
-.) c--.) c-A/1/ .A (C) .07.- �/,:l A) known to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they ) executed the same as his
(their) free act and deed.
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NO�' Y�,,,W�� vnvm l'
VIRGINIA B.OCHSENDORF
',.A.1,t9 NOTARY PUBLIC—MINNESOTA
- } HENNEPIN COUNTY
My Commission Expires July 29, 1993
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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 meeting of said City Council held
on May 23 , 1988 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof , I have hereunto set my hand and seal this
21st , day of August , 19 89
/Do othy M allin, City Clerk
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