HomeMy WebLinkAboutResolution 2587City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2587
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 & 2,
AND SECTION 10.55, SUBDIVISION 8,
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBDIVISION 19
FILE NO. 1363
WHEREAS, Roger & Becky Berry (hereinafter "the applicants") are
the owners of the property located at 1392 Ba ldur Park Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lots 17 -and 18, Block 1, Baldur Park, Hennepin County, Minnesota
(hereinafter "the property"); and
• WHEREAS, the applicant has made application to the City of Orono
to permit the construction of a new residence to replace the existing
residence on the property, requiring a variance to Municipal Zoning Code
Section 10.22, Subdivision 1 to permit a 2' encroachment past the average
lakeshore setback line where no encroachment is normally allowed, and a
variance to Section 10.22, Subdivision 2 to allow hardcover in the
southerly 0-75' and in the 75-250' zone in excess of the hardcover normally
allowed in those zones, and for a conditional use permit per Municipal
Zoning Code Section 10.03, Subdivision 19 and variance to Section 10.55,
Subdivision 8 to permit the regrading of portions of the property located
within the 0-75' lakeshore setback zone where no grading is normally
allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1363.
2. The property is located in the LR -1C Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 0.71 acres in area.
4. The Orono Planning Commission reviewed this application on
January 17, 1989 and February 21, 1989, and• recommended approval of
the applicant's revised request for variances and a conditional use
permit based on the following findings:
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2587
A) Hardcover is being totally removed from the northerly 0-75'
zone and is not increasing in the southerly 0-75' zone. This is
a substantial benefit to the property and to the neighborhood in
regard to quality of runoff entering Lake Minnetonka.
B) The hardcover increase in the 75-250' zone from 26.5% to
31.9% is justified by removals in the 0-75' zone, which yield a
reduction from 8.8% to 0% hardcover in the northerly 0-75' zone.
All of the proposed hardcover is necessary to preserve the
substantial property rights of the owners in developing this
property.
C) The average lakeshore setback encroachment of 2' is
appropriate given that the actual views of the lake enjoyed by
neighboring property owners will substantially increase as a
result of removal of the existing house. Furthermore,
encroachment of the proposed house past the average setback line
is necessary to preserve an existing mature oak tree on the
property without redesigning the proposed residence.
D) The variances requested are consistent with variances granted
for upgrade of other residences in the Baldur Park neighborhood
in recent years.
E) The unique elevated nature of the property in relation to the
surrounding properties, suggests that the residence must be
located near the highest elevation and further from the road in
order to benefit from the northerly view of the lake, and
therefore requires a longer driveway with its associated
hardcover.
F) Granting of the conditional use permit and variance for
grading in the 0-75' zone is necessary to allow applicant to fill
in the excavation that will remain after the existing house is
removed, with a blending in of the grade to existing contours.
The applicants have revised the house plans so that their walkout
concept can be developed without the need to change grades from
those naturally occuring in the northerly 0-75' zone. In the
southerly 0-75' zone, minor grade changes to reconstruct the
driveway are necessary to provide a safe and low -hardcover access
to the property.
Page 2 of 6
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
2587
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 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 s irit and intent of the Zoning Code and Comprehensive Plan
F
of the City.
6. The City Council finds that granting a conditional use permit to
allow the proposed grading in the 0-75' lakeshore setback zone will
not be detrimental to the health, safety or general welfare of the
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 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 a variance to Municipal Zoning Code Section 10.22,
Subdivision 1 to allow an encroachment of 2' past the average lakeshore
setback zone where no encroachment is normally allowed, and grants a
variance to Section 10.22, Subdivision 2 to allow hardcover of 25.1% in the
southerly 0-75' lakeshore setback zone where no hardcover is normally
allowed, and allow 31.9% hardcover in the 75-250' setback zone where only
25% hardcover is normally allowed, and grants a variance to Municipal
Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per
Municipal Zoning Code Section 10.03, Subdivision 19 to allow regrading of
the yard areas in the 0-75' lakeshore setback zone where filling and
grading is normally not allowed, subject to the following conditions:
1. Construction shall adhere to the site plan attached to this
resolution as Exhibit A.
Page 3 of 6
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
ffel
2587
2. All hardcover in the northerly 0-75' lakeshore setback zone shall
be removed. In the southerly 0-75' lakeshore setback zone, the
existing detached garage shall be removed and the driveway shall be
reconstructed in a manner such that hardcover in that zone shall not
exceed 1,893 s.f. In the 75-250' zone, hardcover shall not exceed
31.9% or 4,940 s.f. The existing detached garage and hardcover
surrounding it shall be removed, and a third garage stall shall be
attached to the proposed residence per the site plan, Exhibit A.
3. Per applicants revised proposal, the grading in the northerly 0-
75' zone shall be limited to that work necessary only to bring that
excavation remaining from the removed residence back to pre-existing
grades conforming with the shape and slope of the pre-existing
topography. No cuts in the 0-75' setback zone have been approved for
creation of a walkout.
In the southerly 0-75' zone, grading is allowed as necessary to
• minimize the length and slope of the driveway as well as the hardcover
associated with it. All areas in the 0-75' zone shall be immediately
seeded or sodded after completion of grading, and all grading work on
the property shall be subject to erosion control measures as may be
required by the City.
4. The applicant is advised that no additional hardcover will be
allowed on this property in excess of that granted with the current
variance request, but any future proposal to add hardcover on the
property might be approved only with concurrent removals of existing
hardcover, resulting in no net increase in hardcover on the property.
5. Applicants are further advised that the traveled portion of Baldur
Park Road extends within the property boundaries and the City may at
some future date request additional right-of-way to accommodate that
roadway. (Granting of additional right-of-way is not a condition of
the current variance approval).
6. Authorities granted by this variance run with the property not
with the owner, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or the special 'conditions of this resolution will
expire on that date (March 13, 1990).
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.
Page 4 of 6
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2587
8. The undersigned owner has read, understood and hereby agrees to the
terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 13th day of March,
198
ATT ST:
Z' -
/DO oth M allin, City Clerk Jame R. Grabe , Mayor
Proper y.Own (s)
•
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The for oing instrument was acknowledged before me on this
J3TN day of rhu , 192tL, by .James R. Grabek &
Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the
City. n , _ ,\
LAURIM SCHEMER
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commi nion QX1*016•8•93
�V.�.
My Commission Expires
0 Page 5 of 6
C
City of ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
NO. 2587
On this day of 1981
19 8y
before me a tar Public within and for said county, personally
appeared I known to me to be
the person(s) descr4bd in and who executed the foregoing
instrument, and ackno ledged that he (they) executed the same as
his (their) free act and deed.
•
19N NTMTA
GYM DZ2
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
9 -,?-
MY
COMMISSION EXPIRES
On this g()-11' day of MaA-ej--\, , 1981,_before me
a Ntary Public within and for said County, personally appeared
known to me to be the
persons) escrib d in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
THERESA 1.. NAAB
NOTARY PUBLIO I MINNESOTA
• ENNN� 2
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 6 of 6
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