The URL can be used to link to this page

Home My WebLink About#4935-variances-2003 ' . , � O� O � O `�'��, � � CITY of ORONO � �� ti �� ` �' r� p~' RESOLUTION OF THE CITY COUNCIL �`9$,ESgOg'� N0. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIO\TS 16(C), 16(.n Al\TD 16(I.); AND A CONDITIONAL USE PERI�IIT PER SECTION 10.03, SUBD. 19 - FILE #03-2865 `VHEREAS, Kevin and Janet Manley (hereinafter "the applicants") are the owners of the property located at 1973 Fa�erness Point Road within the City of �rono (hereinafter "City") and le�ally described as follows: , Lot 7, Fagerness, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(C), 16(J) and 16(L) and a conditional use permit per Section 10.03, Subd. 19, to permit the construction of a gravel driveway constituting hardcover in the easterly 0-75' zone where no hardcover is normally allowed; to permit cc�nstruction of a deck in the westerly 0-75° zone constituting structure and hardcover within 75' of the shoreline where no structure or hardcover is normally allowed, and constituting an average lakeshore setback encroachment �vhere none is normally allowed; and to permit construction of �valkway in the 75-250' zone constituting hardcover in excess of 25% where only 25% hardcover is normally allowed. 1�T0`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDI�'GS 1. This application was reviewed as Zoning File #03-2865. 2. The property is 10,322 s.f. or 0.24 acres in area west of the roadway; formal acquisition of accretions east of the roadway would bring the total lot area to approximately 13,922 s.f or 0.32 acres. The property is located in the LR-1C Sin�le Family Lakeshore Residential Zoning District. Page 1 of 7 o.�,. � _ 0 0 �'��,�;-, . CITY of ORONO � ��;-� � � � � �::� ti � q p RESOLUTION OF THE CITY COUNCIL � t�kEsH04� NO. _ � �3 .`� � 3. The Orono Planning Commission reviewed this application on Febniary 19, 2003 and on a vote of 4-2 recommended approval of the requested variances to allow retention of an after-the-fact 4.5' x 12' deck in the westerly 0-75' zone; construction of a 4' wide �valk�vay between the house and the garage in the 75- 250' zone; and development of a 400 s.f. gravel parking area in the easterly 0-75' zone, based upon the following findings: a) The 20'x20' parking area is a reasonable request because the possible parking area in front of the gara;e is 17'-19' deep from the door to the traveled paved roadway. The average compact car is 14' long, and nothinj longer than that could comfortably park in front of the garage without affecting traffic. b) With the road width being only 18'-20' wide, there is no ability to parallel park cars on the street. A parking area for two vehicles on the east side of the road would potentially be of benefit to the neighborhood as well as to the applicant in terms of safety and reducing congestion. c) In keeping with the variance standards of Section 10.56 Subd.16(J)(3), because cars will be parked very near the lake, applicant should provide shnibbery beriveen the parking area and the lake for screening of vehicles, and the parking area should be limited to a depth of 25' measured from the edge of the traveled paved road, yielding a 25-30' lake setback, and the shed neYt to the lake �vhich constitutes unnecessary structure and hardcover on the site should be removed. Applicant should also obtain any other agency permits necessary to allow the placement of hardcover near the lake. d) The �vesterly 0-75' deck is supported by sufficient hardship, because it is needed to serve the adjacent room and patio door, and will have no significant impact on nei�hbor's vie�vs of the lake as well as no impacts as �•iewed from the lake, given the recently approved landscape plan ��-hich calls for trees alonJ the extended north line of the house, which �vould soften the visibility of the deck. Page 2 of 7 � °� 0 0 �`��,�_:�.- ' CITY of ORONO �� r� ,2'�_, � . �' � � "�'"�R G�' RESOLUTION OF THE CITY COUNCIL � �t`�k sKog'� rvo. 4 � s� � e) Applicant has confirmed that the proposal submitted for a 12'x24' deck behveen the house and garage was inconect. The actual proposal is for a «idened «alk�vay beriveen the garage deck area and the house. Planning Commission concluded a 4' walkway would be sufficient to provide for safe pedestrian travel between the house and the above-garage deck, and a larger walkway is unnecessary given the large deck already existing above the garage. - � Planning Commission concluded the hardcover increases associated �vith the proposed parking area, deck and walkway are justified by the hardships noted. �. The City Council has considered tnis 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 and CUP on the health, safety and �velfare of the community. �. The City Council finds that the conditions existing on this property are peculiar to it and do not apply �enerally to other property in this zonin� district; that grantin� the variance would not ad��ersely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; �vould not merely serve as a convenience to the .applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and �vould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that grantin� a conditional use permit for the proposed gradin� to create a parkin� area in the east 0-75' lakeshore setback zones as propos�d «�ill not be detrimental to the health, safety or �eneral w-elfare of the public, �vould not adversely affect liaht, air nor pose a fire hazard or other danger to nei�hborin� property, nor will such use depreciate surroundin� property values and that the proposed level of use of the property will be in keeping �vith the intent and objectives of the ZoninJ Code and Comprehensi��e Plan of the City. Pa�e 3 of 7 � °� - o �, o '��a�;-� CITY of �RONO � � ��;.�� , 1 �� Y "� � ~' RESOLUTION OF THE CITY COUNCIL ��l � , ��G � �kESHO� NO. � � � CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(C), 16(J) and 16(L) and a conditional use permit per Section 10.03, Subd. 19, to permit the construction of a gravel driveway constitutin� 400 s.f. of hardcover in the easterly 0-75' zone where no hardcover is normally allowed; to permit construction of a 4.5' x 12' deck in the westerly 0-75' zone constituting structure and hardcover within 75' of the shoreline where no structure or hardcover is normally allowed, and constituting an average lakeshore setback encroachment where none is normally allowed; and to permit construction of a 4' «�ide walkway between the gara�e deck and the house in the 75-250' zone constituting hardcover in excess of 25% where only 25% hardcover is normally allowed subject to the follo��ing conditions: 1. Hardcover and structure in the westerly 0-75' zone shall be limited to 27.0% as shown on the attached site plan and table. Arty changes to the site plan shall be subject to further City review. Applicants and tneir contractors snall strictiy ad'nere to tne revegetation and plantin� plan approved for the �vesterly 0-75' zone in Resolution No. 4925 to ensure adequate screening of the deck as viewed from the lake. Applicant shall provide the Building Official with suitable plans for the 4.5' x 12' deck, shall obtain an after-the-fact buildin� permit for the deck, and shall make any changes necessary to the deck to comply with buildin� code standards. 2. Hardcover in the 75-250' zone shall be limited to 26.4% a� shown on the attached site plan and table. Any chan�es to the site plan shall be subject to further City revie�v. Applicant shall obtain a building permit if required by the buildin� code for the 4' wide wulkway prior to its construction. 3. Hardcover associated with construction of the parking area in the easterly 0-75' zone shall be limited to 11.1% as sho�vn on the attached site plan and table. Applicant shall obtain a land alteration permit from the City and any other agency permits that may be required, prior to further ��ork associated �vith the gravel parkin� area. The follo�ving additional conditions shall be met regarding the easterly 0-7�' zone: a) Applicant shall pro��ide shrubbery benveen the parking area and the lake for screenin� of vehicles, such vegetation to be established during the 2003 growin� season; number and species of plantings to be approved by City staff. Page 4 of 7 � O� Q , _ O ��,, � � CITY of ORONO � � '��, �;� ti �� ,.�p RESOLUTION OF THE CITY COUNCIL �kE8H�4 NO. __ � � `,� � b) The parking area be limited to a depth of 25' measured from the ed�e of the traveled paved road, yielding a 25-30' lake setback. The gravel parking area shall be no closer than 5' from the northerly and southerly lot lines. c) The shed next to the lake shall be removed from the property by June 1, 2003. Failure to remove the shed shall constitute a violation of this approval. 4. Authorities granted by this variance and CUP run with the property not with the - applicants, but are permissive only and must be exercised by obtaining a land alteration permit within one year of the date of Council approval, or this variance will expire on tnat date �I�larcn 1 U, LUU�). 5. Violation of or non-compliance with any of the terms and conditions of this resolution sl�all constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersi�ed applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the lOth day of March, 2003. ATTEST: ��C-l-t.�� , �� l`µ��'��1� t / � ,,-�� --� _ � ��vL�� Linda S. Vee,City� Cler� Barbara A. Peterson, Mayor � : ; �� Prop / O�vner(s) � Page 5 of 7 o� � � - o � o �'��,�:-, CITY of ORONO ,� �� - �, � � � t �� Y ~' RESOLUTION OF THE CITY COUNCIL ��`gkESH�4�0 NO. � 9 � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10`'' day of February, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a l�iinnesota municipal corporation and said instrument was executed on behalf of the City. � C�� Notary Public ALISSA A.WINTERNHEIMER NOTARY PUBUC-MINNESOTA STATE OF MINNESOTA MY��nExpi;es�zn.3�,2006 � .,..�..;��..��_._ �-�-�--�- COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �1 z�� day of i�'�<_'�r �-�� , 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. � � , - -��C� �_G`.�-L ��.�G=� ��=-' �" R��CHEL DODGE ;� P�"��, . Notary Public � �; � ? �.;^TA?YFUuUC-A"INtJE:'OTA �� :ty(:o�r,n:ssicn Expires J2n.:�1,2�C5 � �.-��:�:_:.,. �.��_w...-^;a-a��.."t� _� Page 6 of 7 � °� , o � o �a��;,.+-�� _ CITY of ORONO � �,�::� � � � �� ,�'�� ~' RESOLUTION OF THE CITY COUNCIL �L�k SH�� NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this � day of�_�_, 20 0�, _ �J�,ti�-4- 1'�-�c�t� �2.� d'y1�',.��;'ec9 personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of__ ��--L�U f (_ 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. DENISE M.LESKINEN ' ' ,� NOTARY PUBUC•MIINNES07A � �' —"—'� '��r;�,„,: MyCommissionExpiresJan.3l,zcc� Notary Public STATE OF MINNESOTA COU1vTY OF HENNEPIN c� , ��J On this �'� day of .�7��>..c , 20 G3, 1�_c �?r l� �'��il�� r ! � i�'�/"l'� �'�" 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 of , a credible �vitness and who e�ecuted the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � � `S P„4CHcL DO�GE � � � � � l�� / j �° Nor�ti�;v Fuauc-r.i��:;,"OTA r�� l Jc- � Y�-x—, ' 1-�� `? ,, ,' My Commissian Expires J:,;i.3�,?OG5 `S NOt�r,Public �'a 1.. Y.µ� .�� .'�:'�. Page 7 of 7 , �- ' :boundary (incs of thc lcgal cicscri�ti�n yc�u O APPROVED HARDCOVER -.�r� • �, EXHIBIT A � - T <�� wesr o-�s�xard�over: aPp�o�ea xec��ng - __ _" RESOLUTION NO. 493� " Wau&Landscape Existing/Previously Approved Approved per Resolution No.4935 Plan,"Option 1"and � �Vest 0-75'Hardcover 1540/5361 =26.3% 1582/5861=27.0% �:C[l:: Appraved Deck House 983.7 sf 75-250'Hardcover 1120/4462=25.1% 1176/4462=26.4% ��t` East 0-75'Hardcovcr +650/3600=18%(incl.shed) 400/3600=11.1% Stone Steps and Landings 173.4 sf _ ;sy;`; Boulder�Valls 382.5 sf (Shed must go,20x20 portion o grave may remain) 'n't Flagstones ApPY�OVeCl ;al:l Deck 42 s.f." � Q- 54 s.f. Deck Tota!fYest 0-75'Hardcover 1,581.6 sf � OJ ti'j'j s 0-75'Zone Area 5,860.7 sf �� - �lL`� {i'est 0-75'Hnrdcaver% 27.0% � G� '��? F " P�,�� 6 ,�,` � XiSI�,y � �� o,• �� g 4�.os ��Nc �o, o� � �� .os '\ �� o'�`L o' �a`ti 943. �O' J��P � 9 �19 p x9� 3 �-2� N 64. Approved Gravel ��, ,�.��' 8 ��;��93 . 9 � 9 28 `��6�'p8,, Parking Area �� --L X �i p D4�/ 938.0 40.85 / 6��\ � ��Q' g � .gp A� 945.66 X945. 945� / os � �`Z` Q� 8 9 �'S�� 9��7 �� 938!46 . 7 1 X945.74 �/ � , = Z� � 3 .7 i 93 .2 ��2\ 4�•� � � X9 . 9� � � � X 9 8.55 9' 937 8 38.97 � ��O�r � X94 . F ` / � � 942 .63 `� � ��,� �'�',q , sa4.sa �?� � `� o � � \� � �� g� 4� z °� � o � �F �,�o�� X93 . � �9� i 945.06X .31 ��0��, �l 944.2 U��' �,ti X941. 'X9 .4� � � g45 � F.�� h c,,,`O o� 4 55 � �._ 46.42 �- � �C 947.1 :' � � . l; ry c��c�, � �V •`` ��rX946. 8 i�6� � 9 �Qr��.03 X943.11 41.99 D�� `O \ C 93 .20� ' •7 C� 43.27 / � % �/ iCc1IlOI1, Te 7�-2�0'IIardcover Analysis 946.46 � � X �79 •h� � \� °34 � 65f• �� // � \� s� � ;t I am a lic APprovcd � V,� �„ � � � � s4 8,, �s-zso� �� -. a�6 � ,� ?' '3� jY '.'s of chc Sc Hardcover � J X9'�-= 943.11�. _ '� C 93 .12 � 934.3 .95 Q� \� Housc 333.2 sf S` p� � '�Rq 9 3 , �O 9�' + �v 933.13 Garage 558.4 sf S' '68 .,� C� 34 ' � �� :;J Driveway 74.6sf f� `3S2Sh� �/��`t' � �6�� 3.91 933.60 �1� '` � 32._` Sidcwalk 153.5 sf `� F � J` 1 � /� �'� 4'x 14'Walkway 56 s.f. , O e�Y/S � f OJ W� � ��' �3.97 932.25 6�� / ,��.. '� � Total Hardcover 1176 sf kF��ti c 34. / �\� � �� / � G� Area ofZone 4dG1.5 sf G' 6.15 93 �\� `,'�4 � 929.4��.9' Approved 7�-250' 26.4% O Hardcover"/o � � � 2-72 g��' �� y P� / � �33.50 � � . 0 93 ¢ 929.46�p,�� n � � �X ,� � U Appro��ed /g � �33 � �} • �,�. 4' `Valk�vay � �� o �� ,° � , '� �� ' �'� °' -�APHIC SCALE X93t.4893t.61 �p,�"�/ 929.71 ° '° m '° � S ss 48 84 31.29 '' / � 3S� �� % TOP NUT O�' 1�7RE BYI�RtiNT ?$•� ( � FF�'r ) �l�L'YfiTION-936.�B F ^ �,y t�l