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HomeMy WebLinkAbout#6461-variances/CUP-2014 ' ' , ���s-- ���� �� � . . � Doc No T05221732 Certified, filed and/or recorded on Dec 15, 2014 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 8 Pkg ID 1186124M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1390279 This cover sheet is now a permanent part of the recorded document. . � F / n� � � � � V . ;�0�0 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G� ��d 4 6 � �`�kFsxo�`�" N O. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279,AND 78-1288, AND A CONT TIONAL USE PERMIT PURSUANT TO MUNIC: ��AL ZONING CODE SECTION 78-966 FILE NO. 14-3693 WHEREAS, Robert Brook & Sharon Quinn owners of the property located at 1165 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A (Attached) (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of an addition to an existing residence and substantial site driveway and landscaping improvements on a lot .69 acres in area and that has 203' in width at the OHWL and 133' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is norrnally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition to the existing residence with a portion of the home addition ahead of the east side street setback, and proposed to be located 33.2' from the Ferndale Rd. W. where a 50' setback is normally required, and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 30.2% hardcover where 25% is normally allowed, including a 7.4% reduction from that which currently exists in order to construct the proposed addition, and 275 s.f. of new patio hardcover in the 0-75' lake shore setback area where none is allowed; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the floodplain and mitigation for a 100-year floodplain construction of a small new driveway area; and Fage 1 of 6 ����0 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�lq tiG` No. � 46 � kFs H o� NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 14-3693. 2. The property is located in the LR-lA Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2014 and on a vote of 7 — 0 recommended approval based on its findings in support of the application. a. Approval of the variances are based on the following findings: i. The property contains 30,229 s.f. or .69 acre in area and contains 203' in width at the OHWL and 133' in width at the 75' setback from the OHWL. ii. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. iii. The existence of the 100-year floodplain on the property creates increased difficulties in locating a conforming building location. The proposed addition will be properly elevated or flood proofed out of the floodplain. iv. The proposal, at 13.6% structural coverage, will not exceed the structural lot coverage limitation of 15%. v. Total existing hard surface coverage will be reduced for the site. vi. A second driveway access to Ferndale Rd. W. will be eliminated with the proposal which will improve traffic safety conditions along the roadway. vii. The applicant has proposed vegetative buffers on the property as shown on the submitted plans along Ferndale Rd. W. and additional plantings will soften and enhance views of proposed hardscape improvements from the lake. Page 2 of 6 � �0�� � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� �� � 461 ��'�Esxo��' N O. viii. All other requirements of the ordinance can be met on the properiy as shown on the submitted plans by Keenan & Sveiven, Inc. dated 9/16/14, and Sathre-Bergquist, Inc. dated 9/11/14 (Exhibit B) b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer's previous review indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. The history of site flooding was identified by the City of Orono during high water flooding conditions in June of 2014. iii. The MCWD has approved the minor floodplain fills and mitigation plan for the property and has certified that there will be no wetland impacts from the proposed floodplain mitigation area improvements. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 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 variance 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 practical 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. 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORllER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of an addition to an existing residence on a lot .69 acres in area and that has 203' in width at the OHWL and 133' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally Aage 3 of 6 �0�� . C ITY OF ORONO � ,, RESOLUTION OF THE CITY COUNCIL �F � G � � 6 � �qkFSHO�ti N�. required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition to an existing residence with portions of the home addition ahead of the east side street setback, and proposed to be located 33.2' from the Femdale Rd. W. where a 50' setback is normally required; and for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 30.2% hardcover where 25% is normally allowed, including a 7.4°/o reduction from that which cunently exists in order to construct the proposed addition, and 275 s.f. of new patio hardcover in the 0-75' lake shore setback area where none is allowed; and for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading and filling within the floodplain and mitigation for a 100-year floodplain construction of a small new driveway area, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone from the lake shall not increase above the level of 275 s.f. 3. Low level perennial plantings shall be added along the new patio area on the lakeside of the residence to soften and enhance visual appearance of the hardscape areas from the lake. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4. The proposed driveway improvements and changes shall be completed prior to final occupancy approval of the residence addition. 5. Final approval of the MCWD for the floodplain mitigation plan and approval of the grading & drainage erosion control plans shall be obtained and provided to the city prior to issuance of any site work or building permits for the proposed addition. 6. ADDITIONAL SURVEYS REQUIRED: a. An as-built grading plan verifying compliance with the building permit, storm water management, grading and drainage plans, and floodplain mitigation shall be submitted prior to final inspection and occupancy approval for the residence addition. Fa�e 4 of 6 �o�o � C ITY OF ORONO RESOLUT'ION OF THE CIT'Y C011NCIL ��lq F.�'` N�. � � � � xESHO� 7. Council approval of the conditional use permit is based on the grading and floodplain mitigation plan submitted by the applicant and approved by the MCWD as annotated by City staff, attached to this Resolution as Exhibit C. Any amendments to these plans may require further Planning Commission and City Council review and approval by the MCWD. 8. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and CUP will expire on that date (November 9, 2015). 9. 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. 10. The undersigned applicant has read, understands and hereby ab ees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the l 0�h day of November, 2014. ATTEST: L �Z��� �`.�.;( f��,� � � . � Rachel Dodge, �ity C�erk Lili Tod McMillan, Mayor �age � of 6 �-0�� . CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��' L` (7 �t � � lq ��, N�. kFs x � Rob I ro k Sharon roper-1 O er(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �� day of�t/�/1'►f��'�'; 2014 l��[�'v;Yl���..i ��_��C.vi V� s CHRISTINE P WOLCOTT Notary Public „�„�„'� Notary PubIlc,State of Arizona - Maricopa County � � - My Commiscfon Expires November 16, 2018 �a�e6of6 Q � � � x w DESCRIPTION OF SUBJECT PROPERTY Parcel 1: Tract B, REGISTERED LAND SURVEY NO. 522, Hennepin County, Minnesota. Parcel2: Lots 2 and 8 and That part of the abandoned County Road adjoining Lots 2 and 8, and that part of the abandoned _ undesignated street adjoining the Westerly line of Lot 2, all described as beginni.ng at tbe most Northerly corner of Lot 8; thence Westerly along the Northerly line of Lot 8 to tbe Easterly line of Tract B, REGISTERED LAND SURVEY NO. 522, Files of the Registrar of Titles, County of Hennepin; thence Northerly along the Easterly line of said Tract B to the Northeasterly corner of said Tract B; thence Southeasterly, deflecting to the right 120 degrees 17 minutes to the Westerly line of Lot 2, thence Southerly along said Westerly line to tbe most Southwesterly corner of Lot 2; tbence Easterly along tbe Southerly line of Lot 2 to its intersection with the extension Nortbwesterly of the Northeasterly line of Lot 8; thence Southeasterly along said extension to the point of beginning. All in NORTH SHORE COTTAGE ACRES LAKE MINNETONKA. _ NOTES This survey does not purport to show all underground utilities. The existing utilities shown are shown in an �. � approximate way only. T'he contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of - . his failure to exactly locate and protect all existing utility facilities. /'� . . lllITTTTT !9T 1 TT !\1TT /'/ 1 T T � /�1 ACA AAA�1 l' "" ."'__"__ _�,.:L� �.�.�..L�.�� ..C..L.�.�:.�.. ««....F� i.«�i � • S STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November l Oth, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my ha officially as such City Clerk and the corporate seal of the City this��� day of � , 2014. �� � � � ==�.���� . <,' , :�; ,� � �,� , � , �� ��� �7 � >� � � � i y Clerk �;,� a� �,.' ��' / �. �1 Yi't. .rl. :�%a � ��'� � � �� � P-t �'�" $� Y t �; � k. Y 1�1�. � , rY : � '�j �st t�;3J� :�e" �'�� ,;�, , e �,, � A� r �j . •+� �-• ,.. . �� ,, , � .- ^ . ,s r�(: , x n 1 k1 k f � •�rY f'� :. '/�� ti� 't. .. + .� 's'R" '�. F•,. ` 1 .. � b � �-J � ,� . .�'�; � ���' � a'�'. .,.i �4� � - �: 4 ' ',�; � ti.., �� , � � ..�.� ' .. . .