HomeMy WebLinkAboutResolution 3000 5843431
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O O �
CITYof ORONO
~ RESOLUTION OF THE CITY COUNCIL
ESH 4 NO. 3000
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B) ,
SECTION 10.22, SUBDIVISION 2, AND
SECTION 10.55, SUBDIVISION 8, AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.55, SUBDIVISION 10
FILE #1647
WHEREAS, Gerald Benoit (hereinafter "the applicant") is
the owner of the property located at 3403 Eastlake Street within
the City of Orono (hereinafter "City") and legally described as
follows:
The following property within Hennepin County, Minnesota:
The east 50' of the west 150' of Lot 1, Block 8, "Bayside
Addition to Lake Minnetonka". ALSO, Lot 1 , Block 8 ,
"Bayside Addition to Lake Minnetonka", EXCEPT the west 150'
of said Lot 1 (hereinafter "the property" ) ; and
WHEREAS, the applicant has made application to the City
of Orono to permit construction of a detached two-car garage,
requiring a variance to Municipal Zoning Code Section 10.23,
Subdivision 6 (B) to allow a front setback of 39' where a front
setback of 50' is normally required, and a left side street
setback of 37' where a side street setback of 50' is normally
required; and a variance to Section 10.22, Subdivision 2 to allow
hardcover in the 75-250' zone in excess of the 25% hardcover
normally allowed; and a variance and conditional use permit per
Section 10.55, Subdivisions 8 and 10 to allow construction in a
f loodfringe sheet flow area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1647
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District.
TRANSFER ENTERED
Page 1 of 7 DERE,OF PROPERTY TAX&PUBLIC RECORDS
NOV 12 1991
HGJ1 CO N
8Y 1 �DEPUTY
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��$ES io NO. 3000
3. The property is approximately 0.27 acre in area,
contains a portion of the creek leading from Classen Lake to
Stubbs Bay, and has not been provided with municipal sewer.
4. The Orono Planning Commission reviewed this application
on July 15, 1991 and recommended approval of the proposed
variances and conditional use permit as described above,
based on the following findings:
A) The proposed garage to be located 10' from the
existing house as required by Zoning Code Section
10.03, Subdivision 12, and to be located 26' from the
creek as required by Section 10.55, Subdivision 8,
replaces an existing garage located only 5' from the
existing house and only 14' from the creek. Therefore,
in those two respects the new garage will be conforming
whereas the old garage was non-conforming.
B) The setbacks from the front street lot line and the
side street lot line are proposed to be 39' and 37'
respectively. The 11' front street setback variance is
justified in that the garage will still be behind the
front line of the existing house. The side street
setback variance of 13' is supported by the fact that
substantial screening exists along Bayside Road so that
the garage will not be obtrusive.
C) Hardcover in the 75-250' zone under proposed
"Option B" will be reduced from 33.9% existing to
28.9%, after removals of the existing garage and
specific areas of plastic lined rockbeds. Hardcover in
the 250-500' zone will remain below the 30% limit.
D) Except for the area within the defined banks of the
creek that traverses the property, the entire property
is located in a f loodfringe sheet flow area, requiring
that the floor of the garage be placed at least 1'
above the 934' creek overflow elevation at this site.
It is reasonable and feasible to construct the garage
with a floor elevation of 935' .
5. Per Section 10.55, Subdivision 10 (B), the proposed
garage meets the setbacks required by Section 10.55 ,
Subdivision 8, and in the sheet f low area will not restrict
or obstruct any f loodf low nor will it raise the level of the
floodflow.
Page 2 of 7
O
CITYof ORONO
C� p� RESOLUTION OF THE CITY COUNCIL
�`q$ESH0 NO. 3000
6. City staff has verified that a previously existing tile
line used for direct laundry waste discharge to the creek by
a previous occupant of the property has been eliminated.
The construction of the proposed garage will not affect the
existing septic system nor will it affect any possible
useable future septic system development on the property,
because there are no conforming alternative drainfield sites
on the property.
7. 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
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring properties; 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 spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
8. The City Council finds that granting a conditional use
permit to allow the construction of a 241x26' detached
garage within the f loodfringe sheet f low area 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
Sections 10.23, Subdivisions 6 (B) to allow a detached 241x26'
garage to be constructed 39' from the front lot line and 37' from
the side street lot line where 50' setbacks from those lines are
normally required, and grants a variance to allow hardcover in
the 75-250' zone of 28.98 where only 258 hardcover is normally
allowed, and grants a conditional use permit and variance per
Section 10.55, Subdivisions 8 and 10 to allow construction of
said detached garage within a floodfringe sheet flow area,
subject to the following conditions:
Page 3 of 7
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` = CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
SH0 NO. 3000
1. The site plan referred to as Option B shall be adhered to
and is attached to this resolution as Pane 4 .
2. Hardcover in the 75-250' zone is approved at a level of
28.9%. Hardcover in the 250-500' zone is approved at a
level of 20.8%. All existing and proposed hardcover
approved with this variance approval is recorded in the
calculation worksheet and diagram enclosed with this
resolution as Page 4. The current property owner and all
future owners of this property are placed on notice that
hardcover in the 75-250' zone shall not be increased above
the currently approved level and any proposed improvements
of this property that will result in additional hardcover
must be approved by the City. Such approval may result in
requirement for concurrent equivalent or greater removals of
existing hardcover. All existing hardcover scheduled for
removal as a condition of this resolution must be removed
prior to the footing inspection for the new construction.
3. The garage floor height shall be no lower than elevation
9351 , and the applicant' s surveyor shall verify the
elevation of the finished garage slab prior to framing of
said garage.
4. The property owner and all future property owners are
placed on notice that direct discharges of household or
laundry waste directly to the creek are a violation of City
ordinances.
5. A City of Orono garage construction permit must be
obtained by the applicant prior to construction, but shall
not be issued until applicant has received approval for the
f loodfringe encroachment from the Minnehaha Creek Watershed
District.
6. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit for
the retaining walls within one year of the date of Council
approval, or the special conditions of this resolution will
expire on that date (August 12, 1992).
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 5 of 7
O�
Qg � CITY of ORONO
C� G~ RESOLUTION OF THE CITY COUNCIL
�kES '0 NO, 3000
e undersigned applicant 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 12th day of
August r''`1991.
.,f D6k�othy Ffallin.,i City Clerk Barbara A. Peterson, Mayor
Propertt'Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 12th day of August, 1991 by Barbara A. Peterson & 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.
LINDA S. VEE Notdry Public
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires&1298
Page 6 of 7
V `1
1
O
CITY of ORONO
G~ RESOLUTION OF THE CITY COUNCIL
S 4�NESOTA ) NO. 3000
ss.
COUNTY OF HENNEPIN )
On this _ f 17 166 day of Q C7�0 6ef— , 199/
before me a potary Public within and for said county, persyalb
appeared E. &0- o'4 ' 0;17f ow'-Ie �II�, E, (Ij"04
known to me to be the person(s) d cribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
ile:
HENNEPIN COUNTY
My Commission expires 8-12-96
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this / 7h day of Q614 her , 199L, before me
a Notary Public within and for said Coun y, personalge
appeared
' i f i'Ia°r' i Gerald C' iloJ
known to me to be the rson(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE Notary Public
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 5-12-96
Page 7 of 7
RESOLUTION 43000
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , Minnesota , do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on August 12 , 19 91 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
14th day of August 1991
AA
IP�. = T Dorothy M allin, City Clerk
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5843431
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12NOV9112: 1_' A5843431 LEON= $15.00
OFFICE OF COUtM RECORDER
HENNEPW COUNTY,KNNESOTA
C '?"rED FILED AND OR
R C`.MED ON
%I NOV 12 PN 12: 18
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