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Home My WebLink About#6147-variances-2012 .� � , 79� �rduryc.. f� � Doc No T4998753 Certified, filed and/or recorded on 9/21/12 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachei Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 13 Pkg ID 862490M Doc Name: Resolution Document Recording Fee $46.00 Documenf Total $46.00 Existing Certs New Certs 1087483 This cover sheet is now a permanent part of the recorded document. , - , �-� � - �� .� O,�. O , � O CITY of ORONQ , � -� �. RESOLUTION OF THE CITY COUNCIL .. "�1,... �� ::� G,ti. NO. f: .� � � � � ��kESH�g� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305 AND 78-1279 FILE NO. 12-3547 WHEREAS, John D. Stavig and Phoebe M. Stavig, a married couple (hereinafter "the Applicants") are the owners of the property located at 790 Brown Road North within the City of Orono (hereinafter the "City") and legally described as: Tract F, R.L.S. No. 1275, Hennepin County, Mirulesota(hereinafter the "Property"); and WHEREAS, the Property is an existing Lot of Record and meets the requirements of Orono Municipal Zoning Code Section 78-72(b)(2) to be utilized for single- family detached dwelling purposes by administrative approval; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on the properiy to be located 30 feet from the rear or street lot line where a 50-foot setback is normally required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow encroachment of the defined average lakeshore setback; and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow construction of a new residence located 15 feet from the defined top of bluff where a 30-foot setback is normally required and encroaching 5 feet into the defined bluff impact zone where no such structures are normally allowed; 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 March 19, 2012 and again on May 21, 2012 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and Page 1 of 7 .� o�. O �, O CITY of ORONO _�� _ � . � � RESOLUTION OF THE CITY COUNCIL ',� � .;��- '� d ('j�' N0. � : � 7� ��kEsHo4� WHEREAS, on May 21, 2012 the Orono Planning Commission on a vote of 6-0 recommended denial of the variances for bluff setback and encroachment of the bluff impact zone; approval of variance for average lakeshore setback; and recommended approval of variances to allow a street setback of 25 feet, and side setbacks of 25 feet instead of the required 30 feet; and WHEREAS, on June 1 l, 2012 the Orono City Council reviewed the application and after due deliberation on a vote of 4-0 directed staff to draft a resolution for approval of the requested variances as initially requested by the Applicants. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDING S 1. This application was reviewed as Zoning File 12-3547. 2. The Property is located in the LR-lA One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The City Council makes the following findings regarding this application: a. The Property contains 62,247 square feet (1.42 acres) in area and has in excess of 350 feet in defined width. The Property is an existing Lot of Record created in 1969 and meets the requirements of Orono Municipal Zoning Code Section 78-72(b)(2) to be utilized for single-family detached dwelling purposes by administrative approval. b. The Property is within the Metropolitan Urban Service Area and sanitary sewer is available to serve the Property. c. � The location of the residence structures on the adjacent lakeshore properties is such that the defined average lakeshore setback line leaves no buildable area within the Property. The proposed encroachment past the a�erage setback line will have minimal or no impact on views of the lake enjoyed by the neighboring property to the west. Therefore the proposed encroachment of the average setback line is justified. Page 2 of 7 � °� O ��;� O CITY of ORONO � �,�� '''a�"'� � RESOLUTION OF THE CITY COUNCIL �� '�� G'� NO. � � � �—��— �9kESH�g'� d. The proposed street setback of 30 feet rather than the required 50-foot setback is a function of balancing the need for a usable buildable envelope with the existing constraints of the required street setbacks and top of bluff setback, which if no variances were granted would yield a buildable envelope of less than 10 feet in depth. e. Based on the location of the neighboring residence structures and the configuration of the private road and cul-de-sac serving the neighborhood,the proposed location of the new home 30 feet from the street lot line will have minimal or no negative impacts on the character of the neighborhood. f. The topography and shape of the Property creates a practical difficulty for locating the home in a conforming location with respect to the defined top of bluff and bluff impact zone. A significant portion of the property meets the Zoning Code definition to be considered as a bluff. g. An existing old driveway bed located just above and just below the defined top of bluff may provide some leve] of slope stability that would not otherwise be present. The proposed house location will be within 15 feet of the top of bluff but is intended to be uphill from the driveway bed and not disturb the integrity of the driveway bed. h. The Applicants' proposed site plan indicates that approximately 10 mature trees protected by virtue of being within the bluff impact zone will be removed along the uphill edge of the old driveway bed. No other protected trees are proposed to be removed. i. The Applicants' engineering consultant has provided an opinion that the proposed house location above the driveway bed will be in soils that have sufficient stability to allow construction of the proposed home. The City Engineer in his review has indicated that while the information provided by Applicants is not a guarantee of slope stability, the proposed house location will minimize grading and erosion potential, and the positioning just above the driveway bed provides the most stable location with regard to the downhill slope. j. Approval should be conditioned on the recommendations of the Applicants' Engineer and the City Engineer as noted in their respective submittals, especially in regards to erosion control and surface water runoff management. Page 3 of 7 � �� O �� , O CITY of ORONO S � - � � •::� � RESOLUTION OF THE CITY COUNCIL '� a",.� �� 7 � G NO. " ��kEsHo4� k. The variances to allow encroacliment of the bluff impact zone and bluff setback are necessary to allow for a reasonable building envelope for the property. Additionally, the heavily wooded nature of the bluff area and the regulatory protection afforded vegetation on bluffs and bluff impact zones by Orono Zoning Code Section 78-1285 should result in minimal negative impacts to views of the property from the lake. l. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. m. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. n. The Applicants' request is in harmony with the purpose and intent of the ordinance. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the comrnunity. 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 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 Applicants, but are necessary to alleviate a practical difficulty; are necessary to preserve a substantial property right of the Applicants; and would be in keeping 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 a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on the Property to be located 3 0 feet from the rear or street lot line where a 50-foot setback is normally required; and grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow encroachment of the defined average lakeshore setback; and grants variances to Orono Municipal Zoning Code Sections 78-1279(1) and 78-1279(3) to allow Pa�e 4 of 7 .� o�,. O , �; O CITY of ORON4 , ��- +-� � :�' � RESOLUTION OF THE CITY COUNCIL "� .:'�L'�;.. � G'�' NO. �, � � �� kESHO�'� construction of a new residence located 15 feet from the defined top of bluff where a 30-foot setback is normally required and encroaching 5 feet into the defined bluff impact zone where no such structures are normally allowed, subj ect to the following conditions: l. Council approval is based on the survey depicting the site plan, grading plan and tree removal plan for a conceptual residence structure footprint submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes or which revise the footprint to an extent that would cause the removal of additional mature trees or result in substantial additional grading within the bluff impact zone will require further City Council review. 2. The City Council acknowledges that no building plans have been submitted depicting the floor plans or fa�ade elevation views of the proposed structure, but advises the Applicants that this approval is in part based on statements by the Applicants that the house constructed pursuant to the approval of variances will be in character with other homes in the neighborhood. Applicants are advised that City regulations regarding the height and massing of residence structures will be strictly adhered to. 3. Grading within the defined bluff impact zone to create an access driveway around the south side of the house to serve a basement-level storage garage will not be allowed. 4. The following engineering requirements shall be adhered to with regards to construction of a home on the Property: a) Silt fence shall be placed at the downhill edge of the old driveway bed prior to any work, including tree removal. Erosion control for the entire site during construction shall adhere to City and MCWD requirements. b) Disturbed slopes shall be seeded and protected with erosion control blanket immediately after grading is completed. Sodding is also acceptable. c) All runoff from the new house, yards, walks and driveways shall be designed to properly manage potential erosion issues due to point discharges. Installation of rain gardens to collect the new runoff shall be required, designed to limit the peak runoff rates, disperse point discharges and prevent erosion. d) Tree removal and backfilling of the resultant ground openings sha11 adhere to the recommendations of Applicants' engineer as indicated in the report by Carl Anderson Engineering dated April 30, 2012. 5. Applicants are advised that the Property has not been provided with a sanitary sewer service stub and was not assessed for the required Sewer Connection Charge at the time the neighborhood line was installed. The existing sanitary service stub directed toward Page 5 of 7 � °� O ��, O CITY of ORONO � 'y�_:-. � � � -� � RESOLUTION OF THE CITY COUNCIL � ..��,�; titi �' � � � , �� G NO. ' ' �kESH�4� this lot is intended to serve the property at 780 Brown Road North, and potentially may require an easement over the Property at 790 in order to make use of it at the time 780 is connected. The Applicants will have to install a new connection to serve 790 and will bear the costs of the City Sewer Connection Charge at the time of connection ($8250 for 2012) as well as the Met Council SAC fee (both due at the time of building permit issuance), City connection permit, and grinder station for connection to pressure sewer. 6. 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 construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (June 25, 2013}. 7. 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. The undersigned Applicants have read, understand and hereby ab ee to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. .�idopted,.�by tYi�'Orono City Council on the 25`h day of June, 2012. i; _ A3'.TE�TY`��'� ° t_ ��i.� . � :� ' /� � � �-Lind�a S.:�ee,�ity�Cl�erk Lili Tod McMillan, Mayor � � .. ' r.. 1.....-. .- . �6/� t � p � /f/ k �' / / Prop, r Owner(s) / � Page 6 of 7 . � °� O �= O CITY of ORONO �.�a_l_:�,.'�'i� � � RESOLUTION OF THE CITY COUNCIL "� .•:�:;,,-.. �� G'�' NO. � E �. �`� �kESH�g' STATE OF MINNESOTA COUNTY OF HENNEPIN C �,� . This instrument was acknowledged before me this�day of -�� , - ' , 2012, by John D. Stavig,husband of Phoebe M. Stavig. L �� RACHEL DODGE ��-c`� �'`-� ��"� ;(�i�-- NOTARY PUBUC-MINNESOTA NOt22"� PUbI1C J :;,,,� My Canmission Expres Jan.31,2015 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this oZ �day of � , 2012, by Phoebe M. Stavig, wife of John D. Stavig. � ' MONICAA.FADNESS �1/�,��-CA_ ��)�� . -�_ . NOTARY PUBUC-MINNESOTA ,;,�;; My Commission Expires Jan.31,2417 Notary Public ..� ...Cf,' -C_ Page 7 of 7 � CERTIFICATE OF SURVEY FOR JOHN D. �TAVIG , OF TRACT F, R.L.S. 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EON3ULTINO ENaMEER9,LANO SUftVEYOR9,SITE PUNNER9 MS NORTH VALLOW DRNE,LONO I.RJ�,MN.657SR �_�� '+��n� O• ccvro -- l6�-17Ja141 � ++ase D � . DAIEJ-17-/ MHUCENSEMIMBFA /L7f� 1 � STATE OF MINNESOTA ) ) ss 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 25, 2012, 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 26th day of June , 2012. } .. :V � (f _ � � • ' , ity Clerk (seal} .,