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Home My WebLink About#4760-variances-2002 �'O�� . /o o � �b - � CITY of ORONO � tii . � �~ i RESOLUTION OF THE CITY COUNCIL �kESHOj NO. � '� � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZOlvING CODE SECTION 10.2�, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) 1 AND 2 FILE NO. O1-2730 WHEREAS, Ace Properties, (hereinafter "the applicant") is owner of the property located at 3375 Crystal Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Wallace's Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Se�:tion 10.25, Subdivision 6 (B)to permit construction of a new residence on a property with a lot size of 6,690 s.f. (.15 acre) where 21,780 s.f. ('/z acre) is required, lot ��idth of 50' where 100' is required,and to permit a 19'rear setback w�here 30'is required and a 9.7'side yard setback�vhere 10' is required; Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) 1 and 2 to permit 743 s.f. (23.8%)hardcover in the 0-7�' setback w-here no hardcover is allowed and 2,062 s.f. (�3.�%) hardcover in the 7�-250' setback where 93� s.£ (25%) is allow•ed; and `VHEREAS, after due published notice and mailed notice in accordance with �Iinnesota Statutes and the City of Orono Zoning and Plannin� Codes, the Orono Planning Commission held a public hearing on November 19, 2001 and continued the hearing to January 22, 200?, at «•hich time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, �linnesota: FINDINGS 1. This application was reviewed as Zoning File #O1-2730. Pa�e 1 of 7 / ��O_`� � �\ O O � �b - , � � C ITY of ORONO � tii � �,'�'�' RESOLUTION OF THE CITY COUNCIL �kESH�j// NO. � `� C U 2 The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District where '/2 acre is the minimum lot size and 100 feet is the minimum lot width. 3. The existing property is 6,690 s.f. (.15 acre) and has a 50' lot width. 4. The Orono Planning Commission revie�ved this application on January 22,2002 and recommended approval of variances by a vote of 6 to 0 based on the following findings of fact: A. The property was platted and developed prior to the adoption of the current zoning standards. The plat of Wallace's Addition was recorded in 1908. B. The lot is separated from the lakeshore by Crystal Bay Road, a publically maintained road. The 600 s.f.paved surface area of the roadway is deducted from the lot area of the property and the 0-7�' lakeshore setback. C. The total property located outside of the 7�' lakeshore setback is 3,8�5 s.f., and the depth of the property from the edge of bituminous roadway to the rear property line averages 120 s.£ The total depth of the property from the 7�' setback to rear property line averages 80'. D. The existing house and attached concrete storage building is 1,946 s.f. The last building permit issued for the property was for the storage building in 1971. E. More recent ordinances were adopted for structural lot coverage to limit structural massing on properties, and to preserve open space between buildings. Additional structure also contributes towards additional hardcover �vhich can negatively impact�vater quality by not allowin�storm water to run across natural ground surface. The concept is to allo�v storm water to be slowed and to infiltrate into the ground. F. Municipal Code permits up to 15% of a lot to be dedicated to structural improvements. The total structural improvements are allowed to be greater than 1�% on properties�vith a lot area of less than 10,000 s.£ On properties less than 10,000 s.f., the total structure allowed on the property is 1,500 s.f. Page 2 of 7 ,,,o�� %� � O O �b _- , � � CITY of ORONO ,� � 1, `�� '/i� RESOLUTION OF THE CITY COUNCIL �kESH�j/ NO. � � � � The City does not normally look favorably on variances to the structural lot coverage limitation, especially on properties less than 10,000 s.f. in size. G. To place a 1,500 s.f. house on the property and maintain required lakeshore setbacks, a rear yard setback is required. The property located behind the subject property is guided for a future trail comdor and has been used as a rail comdor for many years. This property does not abut another residential property to the rear. H. Crystal Bay Road is located only 10'from the lakeshore of Lake Mirinetonka. � The road is a public road that is owned and maintained by the City of Orono. To provide access to the property, a driveway must be located in the 0-75' lakeshore setback. The property owners have designed a minimum sized driveway that will provide adequate access to the two stall garage. 5. Council finds that the design of a 50' X 30' house allows the property to develop to 1,500 s.£ The location of a house 30' wide has caused the buildin� to encroach sli?htly into the side yard setbacks. 6. If the house were reduced in w7dth to maintain a building size of 1,500 s.f. it would require a greater rear yard setback. The proposed house is located at the setback of the existing house on the lot. � 7. The house has a FFE of 945.8'. The house is designed to match the existing topography of the lot. If the house �vere moved closer to the rear property line the house �r•ould begin to move into the hillside, as the ground elevation begins to sharply rise to the future trail corridor. 3. The City Council finds that the conditions eYisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances w�ill not adversely affect traffic conditions,lijht,air,nor pose a fire hazard or other danDer to neighboring property;�vould not merely ser��e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property riaht of the applicants; and would be in keeping�vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7 . i_ ' / O�`_\V � 1 �O O � ' CITY of ORONO ,D � �II �� p"�'�i RESOLUTION OF THE CITY COUNCIL �kESHO� � NO. __ 4 C �j � — 9. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants ��ariances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a new residence on a property with a lot size of 6,690 s.f. (.15 acre) where 21,780 s.£ ('/z acre) is required, a lot width of 50'where 100' is required,to permit a 19'rear setback where 30' is required and a 9.7' side setback where a 10' setback is required; Section 10.22, Subdivisions 1 and 2 and Section 10.�6, Subdivision 16 (L) 1 and 2 to permit 748 s.£ (23.8%)hardcover in the 0-7�' setback ��here no hardcover is allowed and 2,062 s.f. (53.4%) hardcover in the 75-250' setback where 934 s.£ (2�%) is allow-ed subject to the followin� conditions: 1. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. ?. The property shall be developed in conformance with the site plan attached as Eshibit A. 3. Authorities granted by the variances run w�ith the property not�vith the applicants,but are permissive only and must be exercised by application for a building permit�vithin one year of the date of Council approval, or these variances will expire on that date (February 25, 2003). 4. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a ��iolation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned o«ners have read,understand and hereby agree to the terms of this resolution and on behalf of themselves, tlieir heirs, successors and assigns, hereby ajree to the recordina of this resolution in the Chain of Title of the property. Page 4 of 7 II /i�O� � � � �O O � �d - I CITY of ORONO � tii � � �~'/ RESOLUTION OF THE CITY COUNCIL \�kESHOj NO. � "� � � — Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of February, 2002. ATTEST: �,,��,�: d', G� `/ inda S. Vee, City Clerk Barbara A. Peterson, Mayor �' /"' �- �R r a ', e( e Properties ��._._ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument�vas ackno��led�ed before me on this 25th day of February, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -�-�-� � . ��j,��., .c � �,..��ri.u�0 1-�o n No - � t' ' ALISSA A.WINTERNHEIMER STATE OF MINNESOTA NOTARYPUBLIC-MINNESOTA COLNTY OF HENNEPIN .;�_ ►�y�amm�swn ExF�res�sn.3t,2006 �.:,«._.��<.<.�: . The foregoing instrument was acknowledged before me on this �� . day of ,'�'��;�.r C-� , 200 � by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument��as executed on behalf of the City. , � 1,�/ �., Notary Public ��':'S�M.LESKINEN NOTARY PUBLIC.MINNESOTA " " �'h'�kn ExPi�s Jan.31,20p5 Page 5 of 7 , , ', �%�_ / � � O O \ ' CITY of ORONO �� - i � ti ' �� G�/ RESOLUTION OF THE CITY COUNCIL \kESHOj NO. _ � � �— STATE OF MINNESOTA COUNTY OF HENNEPIN Onthis �{t� dayof >��R�'L- , 20c;�, L.�,e�}�f�9� �'IJ ��FS,aF�f �� ,-�� o`��,Ph; personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of �'�'J�� i� L— whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed tne same as his/her/their free act and deed. J� MARY APdiJ JOHNSON I[ �s��r:f�.o � � � NOTARY PUBIlC•h:il;;:ES�TA ,�'�'#�� r�n�,irc;s Jan.31,2oos Notary Public :.,:�. .re�.�_ STATE OF MINNESOTA - COUNTY OF HENNEPIN , On this day of , 20 , personally appeared before me, who is personally known to me �vhose identity I proved on the basis of �vhose identity I proved on the oath/affirmation , a credible witness and��ho erecuted the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of 7 CERTIFICATE OF" SURVEY FOR � �, S � .� CE � �:. rER I I�. S OF LOT 15, WALLACE'S ADDITI�N TO MINNET�NKA BEACH HENNEPIN C�UNTY, MINNESOTA L�tiE �1I�NE I�NK� CRYSTAL BAY 929.4 CONTOUR LIN `'p . •2��p6, E . ,� N 7� �9•65 �' 0 ,• GR.�S RQAD �..,� �R�,DV A.� B P� �o..r m o �b . SURVEY � LINE �'S ✓� - N - � �N 14 �, I �n � .fl�r y � ! � � EXISTING N � �eos£n " � oo DRIVEVAjS �ee,�+c H�USE 16 w �"' �: � �` .� �r � � �� s� � PROPOSED b N � M� N � A � EXI TING - � HOUSE �; � EXISTING a` � i� �� PR�P�SED E�EVATI�NS � H�USE ya � "`S" 1> Garnge = 939.2 ; �� ~ �� O� 2) F4-st ftoor = 948.2 cj'� �` � �1 cf�' � � �.,.b �c�3 p1 NOTE� Proposed house grndes outside G�2• �� of bulldtng to nntch exlsting grades O�� 22 to preserve sane drn4xiee pnttern. ��Cj � � �r o+ n cisaa� � LEGAL DESCRIPTI❑N ❑F PREMISES � `""� r-� �':\.:` Lot 15, 1JALLACE'S ADDITI�N T� MINNET�NKA BEACH �tiV � � css�v r:` �� msan i'-��\�{��r. o � denotes fron Marker ��5� ��j`�^'� C908.3)denotes existing spot elevntfon, nenn sea level datun $ G�c'�'� � 904i6 denotes proposed spot etevation, nenn sen level dntun ..._�17_�--denotes existing contour line, nenn sea levet datun Benrings shown nre bnsed upon an nssuned dnturi. This survey intends to show the boundnrles of the nbove descrlbed property, nnd the proposed locntlon of a proposed house thereon. It does not purport to show any other inprovenents or encronchr,ents , � n-t+-er�rrm.�srar atv�r�a I hereby cer If thot thls survey was prepnred by ne o unde�°�+� direc su�gw�- ! �BERG & f�SS�� hn�4^ a duly registered Clvfl Engtneer nn Lnr�d-'Sarveyor under � I ( nte of Minnesotn. pnrE C_ S T ENGINEERS, LAND SURVEY�g S��IA�}(veERSSt 2-11-02 5 N. ILLOV DRIVE I�AJG LA E, MN. 55356 � � I + 952-473-4141 m nrk S. Gronber Wnnesotn Lkense Nunber z75�2-046 02-046