HomeMy WebLinkAboutResolution 2786 �
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A RESOLIITION GRANTING VARIANCES
TO MIINICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISIONS 1 AND 2, AND
SECTION 10.55, SIIBDIVISION 8,
GRANTING A CONDITIONAL IISE PERMIT PER
� SECTION 10.03, SIIBDIVISION 19
FILE #1468
WHEREAS, George and Sally Pillsbury (hereinaftez "the
applicants") are the owners of the property located at 1300
Bracketts Point Road within the City of Orono (hereinafter
"City") and legally described on Exhibit A attached (hereinafter
the "property") ; and
WHEREAS, the applicants have made application to the
City of Orono for variances to (a) Municipal Zoning Code Section
10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
construct a greenhouse addition and a retaining wall .within the
� 0-75 ' lakesho�e setback zone , resulting in sturcture and
hardcover in the 0-75' zone where no structure or hardcover is
normal ly allowed, and which greenhouse addition encroaches past
the defined average lakeshore setback line where no encroachment
is normally allowed, and further (c) requesting a conditional use
permit for grading work within the 0-75' lakeshore setback zone
per Section 10. 03, Subdivision 19 .
' NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
� FINDINGS
l. This application was reviewed as Zoning File #1468 .
2. The Orono Planning Commission reviewed the
application October 16, 1989 and recommended approval of the
proposed variances and conditional use permit on a vote of 5-2,
based on the following findings: �
A). The average lakeshore setback encroachment wil 1
� not impair any existing lake views enjoyed by
neighboring pzopexty owners.
B) . The retaining wall and associated grading
proposed at the top of the lakeshore bank is
• necessazy for preservation of the lakeshore bank,
which is currently exhibiting some slumping effect.
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The 24"-30" proposed height of the single proposed
retaining wall is low enough that the wall can be
easily screenec7 using existing and additional
vegetation coupled with the stone construction
materials proposed.
C) . The proposed hardcover increase from 5.7� up to
7 . 6 � (based on the extent and size of the
improvements at that date) in the 0-75' setback zone
is relatively minor in its impact on the lake given
- the relatively large 0-75' zone. Further, the effect
of the additional hardcovAr in the 0-75' zone is
minimized by the proposed dzain tile which will "'
collect runoff between the residence and the
shoreline and transport the runoff to the 75-250'
� zone for below grade and overland dispersal.
• D) . The lakeshore setback variance is justified by
the need for southeast exposure for the proposed
growing of orchids, this being the only suitable
location fox such a greenhouse addition because of
the existing orientation and location of the house.
Further , the elevation of the existing house and
proposed greenhouse addition above the lake and the
height of the lakeshore bank will tend to minimize
the visual impact of the greenhouse as viewed from
the lake.
3. The property is located in the LR-lA Single Family
Lakeshoxe Residential Zoning District; is approximately 2.96
acres (128, 938 sq. ft.) in area, which is almost 50� larger than
the minimum lot size required of 2 acres. Distribution of area
is as follows:
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• '�� �'�. RESOLUTION OF THE CITY COUNCIL '
';�.�,5�-.;.��;�k NO. 2786
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Lot Area: 0 - 75' = 25,925 sq. ft.
75 - 250' = 62,900 sq. ft.
� 250 - 500 ' = 40 ,000 sq. ft.
128,825 sq. ft. = 2. 96 AC
Hardcover :
Existing Allowed
Sq.Ft. $ Sq.Ft. $
0 - 75 ' 1, 491 ( 5.75$) 0 ( 0 �)
75 - 250' 11,450 (18.2 �) 15,725 (25 $)
250 - 500 ' 2, 500 ( 6.3 g) 12,000 (30 $)
Total 15� 1 (�� avg) �'�5 (�l.5$ avg)
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4. The house was built in 1949 and then complied with
. al 1 existing ordinances. The land between the house and the lake
consists of a steep embankment with a reverse slope extending
westward from the top of the embankment. The steep embankment
creates an erosion problem.
5. Given the lie of the land, the date of construction
of the house and the location of the Pillsbury house to the
south, the house is a reasonable distance from the lake (closest
point is 57' from the lake) . Such house location was permitted
when the house was built 40 years ago. The house is as close to
the lake as it is largely because of the reverse slope which made
it necessary to move the house closer to obtain a view of the
lake.
6. In response to Planning Commission input, the
applicant's reviewed and reanalyzed the hardcover on their site.
In such further review it was determined that there is a 330 sq.
ft. area of large pavezs neaz the dock about 25' from the
lakeshore. The applicants amended thei� proposal by letter dated '
December 29, 1989 to delete the 330 sq. ft. of pavezs for a net
reduction in existing hardcover in the 0-75' zone of from 1,491
sq. ft. to 1,161 sq. f t.
7. The hardcover computation, after reduction in size
of applicants' proposed improvements and removal of existing
hardcover (pavers by the lake) subsequent to the Planning
• Commission action, as follows:
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See "Data Sheet" attached as Exhibit B
In the 250-500' zone the hardcover is 6.3� where the
allowed hardcover is 30�. In the 75-250' zone the hardcover used
is 18.2�; the increase is only 1/lOth of l� to 18.3�; and the
allowed hardcover is 25$. In the 0-75' zone the hazdcover dating
f�om 1949 is only 1,491 sq. ft. or 5.75�. With the removal of
pavers by the lake, there will be a net decrease in hardcover in
the 0-75' zone from 1,491 sq. ft. to 1 , 467 sq ft., a 24 sq. ft.
reduction.
Taken as a whole the hardcover on this lot, which is 50�
larger than the minimum lot size, will be only 15,461 sq. ft.
when the allowed hardcover on this site would be 27,725 sq. ft.
Therefore the applicants are aiding the lakeshore drainage by
under-utilizing the allowed hardcover and decreasing the
hardcover in the 0-75' zone.
• 8. While 170 sq. ft. of the 306 sq. ft. of new
hardcover constitutes a po�tion of the new g�eenhouse, other
parts of the hardcover including the xetaining wall/stairs (96
sq. ft.) and paving (40 sq. ft.) are for the puxposes of
landscaping, screening and better stabilizing the embankment down
to Lake Minnetonka. The embankment has suffered some erosion
damage over the years. Significantly, the applicants' dxainage
plans call for betterment of the existing eroding condition by
directing water away from the embankment. Such drainage plan is
a significant improvement to control erosion.
9. The applicants are in their 60s and suffer from
arthxitis. The proposed additional area of ground floor, bedroom
living space will assist them to bettex remain in their home
(rather than having to climb staizs to bedroom areas) and the
high humidity in the greenhouse adjacent to the bedroom is
beneficial to reduce the impact of arthritis.
10. The existing 1949 house is as close as 57' to Lake
Minnetonka which was permitted when the house was constructed.
'All parts of the new house construction will be futher from the
shore of Lake .Minnetonka than 75' with the closest such new
portion being 58 1/2' from Lake Minnetonka. View fzom adjacent
houses are not impacted by the addition.
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11. Given the layout of the house and the configuration
of the shoreline there is no reasonable alternative location for
an addition to the master bedroom for additional area for it and
for use as a greenhouse since such improvmements must be on the
southeast side of the house. The applicant did reduce the size
of the proposed addition and move it as far to the west to comply
with Orono ordinances as best as possible under the
circumstances.
12. The hosue has architectural significance.
13 . The combination of the above factors is
justification for the addition applicants wish to make in the
zone within 75' of Lake Minnetonka, the placement of the addition
58.5 feet from the lake and installation of requested retaining
wall , stairs',; paving, grading , and drainage system. The.
conditions existing on this property are peculiar to it and do
• not apply genezally to other property in this zoning district.
Granting the variances will not adversely affect traffic
conditions, light, air nor pose a fize hazazd ox other dangez to
neighboring pxoperties. The variances are not merely
conveniences to the applicants, but are necessary to al leviate
the foregoing hardships and difficulties. The variances are
necessary to preserve substantial property rights of the
applicants and are in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City. There is a net
decrease of ha�dcover in the 0-75' zone.
CONCLUSIONS, ORDER� AND CONDITIONS
Basec] upon the above findings, the Orono City Council
hereby grants variances to (a) Municipal Zoning Code Sections
10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
' permit construction of a greenhouse addition and retaining walls
in the 0-75' lakeshore setback zone as shown on the site plan as
Exhibit C, and futher (c) grants a conditional use permit for
grading and retaining walls in the 0' to 75' lakeshore setback
zone per Section 10.03 , Subdivision 19 , according to the
applicants' application, as amended, subject to the following
conditions:
l. Applicant shall provide the City Engineer with a
detailed final grading and retaining wall plan, which
• must be approved before permits can be issued fox the
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=-k��- RESOLUTION OF THE CITY COUNCIL
• s` NO. 2786
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grac3ing/retaining wall construction. The City Engineer
shall work in conjunction with the applicants to
establish suitable limits for the grading work.
2. The applicants shall maintain existing vegetation on
the lakeshore bank as proposed , and shall plant
additional vegetation to screen the proposed 24"-30"
high retaining wal 1 from the lake to zeduce its visual
impact. Applicant shall use native materials and
natural coloring to minimize the visual impact of this
wall to the greatest extent possible.
3. As proposed, the applicants shall construct a drain
tile system between the existing residence and the
lakeshore, to zedirect the drainage from the 0-75' zone
to the 75-250 ' zone fox dispersal. �
• 4. As proposed, the applicants shall remove the 330 sq.
ft. of pavers near the lake.
5. Authorities granted by this resolution run with the
propexty not with the applicants, but are permissive
only and must be exercised by application foz a building
permit within one year of the date of Coucil approval,
or the special conditions of this resolution wil 1 expire
on that date ( April 9 , 1991).
b. Violation of or non-compliance with any of the terms
and conditions of this r,esolution shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor .
7. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on
behalf of themselves, their heizs, representatives and
assigns , hereby agree to the recording of this
resolution in the chain of title of the property.
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�w :;, RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this 9th day of
April , 1990.
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Jame R. Grabek, yor
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D othy M Hallin, ity Clerk
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• Prop rty ner (s)
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_ RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��y-� d�y of ���; 4 , 199�
before me a Notary Public within �nd or s�id county, personal�
a p p e a r e d C-�2c;�q s�� Q�����tv�� n,,c��1 �u,�;� � l.11��`���5���, • �1 c� n� �-� W��e •
known to me to be the pers n(s desc ibed in and who executed t e
foregoing instrument�, �nd acknowledged th�t he (they) executed
the same �s his (their) free act and deed.
� � �
;� ROBERT G.MITCHELL 1R �
�NOTARYPUBLI�MINNF..SOT� NOTARY PUBLIC �
� HENNEPIN fAUN�If
�9y Commission Expiresluty Z5�I99�i
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this d�y of , 199 , before me �
Notary Public within �nd for s�id County, person�lly �ppeared
known to
me to be the person ( s described in and who executed the
foregoing instrument, and �cknowledged that he (they) executed
the s�me as his (their) free act �nd deed.
NOTARY PUBLIC .
� MY COMMISSION EXPIRES
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• Exhibit A
� Resolution No. 2786
LEGAL DESCRIPTION
Lot 4 , Rearrangement of Orono Point, Hennepin County,
Minnesota, and beginning at the most southerly corner
of said Lot 4 , then southwesterly along the extension
of the southeasterly� line thereof to the center line of
Center Avenue (�vacated) , then northwesterly along said
� centerline_ to the northerly line of that part of Center
Avenue vacated �by Court Order being document number
2092886 in Register of Deeds, then northeasterly at
right angles to the no'rtheasterly line of said vacated
street, then southeasterly to .the point of beginning.
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