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Home My WebLink About#4921-variances-2003 , � O ' V O O '�,� CITY of ORONO � �� `�t;��-'� ti �.� �'' �J"� G~' RESOLUTION OF THE CITY COUNCIL L� 4'�' NO. � � ��'' -" kESH� A RESOLUT�ON GRANTING AND DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23 SUBDIVISION 6B FILE NO. 02-2860 WHEREAS,Sunstate Concepts,Inc.(hereinafter"the applicant")is the owner ofthe property located at 1955 Heritage Drive within the City of Orono(hereinafter the"City")and legally described as follows: Lot 1, Block 4,Foxhill, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 10.23 Subdivision 6B to allow construction of a new residence to replace a pre-existing residence on a 1.0 acre lot in the LR-lA Zoning District where a 2.0 acre minimum lot area is required; and to allow said new residence to encroach into the required front and side yards. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #02-2860. 2. The property is located in the LR-1 A Lakeshore Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200'. The lot contains 1.008 gross acres,but is only 0.78 acre in buildable area after deduction of the wetlands and public cul-de-sac existinj on the property. 3. The property contained an existing residence structure and detached garage originally bUilt in 1973, which have been recently removed by the applicant, leaving only the foundations, on which a new 2-story residence with attached jarage is proposed. Page 1 of 6 � o� O �,,� _ O �a- C ITY of ORONO � � �� \' � �" r�, :�� G� RESOLUTION OF THE CITY COUNCIL �L`9kESH�4� N0. � � '� ;� . 4. The existing detached garage foundation is 23'from the west side lot line,conforming in setback for a detached garage but where a 30' setback is normally required for an attached garage,requiring a variance for reconstruction of the garage as an attachment to the residence. The west side lot line abuts the Dakota Rail corridor. It is expected that this corridor will eventually become a regional trail. 5. The cul-de-sac exists within the southwest corner of the property and by City code a line drawn 10' from the edge of this public right-of-way defines the front lot line for zoning purposes. The detached garage foundation is 28' from this front lot line defined by the cul-de-sac. The required front yard in the LR-lA Zoning District is 50'. 6. The Planning Commission reviewed this application at a public hearing held on January 22,2003 and recommended approval of the lot area varainace, denial of the side setback variance, and conditional approval of the front setback variance, and made the following findings: a) The lot area of 0.78 acres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years. b) Removal of the existin�residence and rebuilding using the existing foundation clearly is considered as new construction requiring that all lot standards must be met. c) There is insufficient hardship to support the requested side setback variance. The lack of storage area due to lack of a basement suggested by the applicant as a hardship,can be ameliorated by construction of additional space meeting the required side setback. d) The cul-de-sac is apparently not platted nor dedicated to the public via known easement, but exists as a public prescriptive easement outside of and in addition to the adjacent platted right-of-way the and is therefore considered as a hardship to the property, in this uniq�ae situation, that justifies some measure of variance to the front setback requirement. Page 2 of 6 � o� o �� o �°��_:,, ,,s CITY of ORONO � . � � y�:�� ti "' � '�' RESOLUTION OF THE CITY COUNCIL G ��kESH04� N0. _� � � � e) The Planning Commission recommends that an attached garage meeting the 30' side setback but as near as 35' to the front lot line is appropriate for the site. � Because the property is in the MUSA, because this is considered as new construction,and because there is no alternate drainfield site available on the property for future use, the Planning Commission recommends that the existing conforming septic system not be re-used because 20 years of its useful life has already been expended and its re-use results in a new home with a 20-year-old septic system,which is inappropriate for new construction. g) Due to the proximity of the wetland to the proposed deck on the northeast corner of the residence, a wetland delineation should be required of the applicant prior to approval of construction of the deck to ensure the required setback is met. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 8. 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danjer to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preser��e a substantial property right of the applicant;and �vould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 � o� O ��,� _ O � �a�� CITY of ORONO ,� ,�F� � � "�' `�� '�' RESOLUTION OF THE CITY COUNCIL �t`4kESH�4� NO. 4 � � � CONCLUSIONS, ORDER 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 10.23 Subdivision 6B to allow construction of a new residence to replace a pre-existing residence on a 1.0 acre lot in the LR-lA Zoning District where a 2.0 acre minimum lot area is required; and to allow the attached garage of the new residence to be located 35' from the front lot line where a 50' setback is normally required, but denies a variance for side setback for said construction, subj ect to the following conditions: 1. Council approval is based on the revised site plan submitted by the applicant and attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The new home shall ultimately be connected to municipal sewer rather than reconnected to the existing septic system. Applicant shall work with the City to bring sewer to the property during the construction of the new residence. Should sewer not be made available by the time the residence is ready for occupancy, the existin� septic system may be used on a temporary basis until sewer is made available. 3. The applicant shall have the wetland delineated prior to permitting or construction of the deck at the northeast corner of the residence to ensure it meets the minimum wetland setback. 4. 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 will expire on that date (January 27, 2004). 5. 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. 6. The undersigned applicant has read, understood and hereby agrees 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. Page 4 of 6 � o� 0 0 �� C ITY of ORONO , ,�� ,� �� - � :��, � � � �� ti ''" `�"% G'�' RESOLUTION OF THE CITY COUNCIL �L`4kESH04� NO. � � � � Adopted by the Orono City Council on this 27th day of January, 2003. ATTEST: ,...__ ;.. l ..:� - �i� l`� � � t f j.�./��, , a ��'`�,�<' LJ (/.,,?�%,,; tit,-� �� C �—�: �V Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �i Property Owner(s) STATE OF MINNESOTA COUNTY OF HENN�EPIN The foregoing instrument was acknowledged before me on this�� day of , "�:.____l�_,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporatiori'and said instrument was executed on behalf of the City. ,. . .. ,. . . . ...f .,....._ . ..1?i;`---� ,�� :. _ ,� _ I ,a � 1- ' - . C t_��,1 i l.1 -Cj=�,,._ ,✓,�..-,.,.� �; _XN ��r :; Not ry Public -- ,�, �s,'.:w�J"�✓�':.+' :I:./�"Y.Y>�1"i�i x,.7 J STATE OF MINIv'ESOTA COUNTY OF HENNEPIN a�o The foregoing instrument�vas acknowledged before me on this-�L day of..�1�.��t�r'�- ,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument �vas executed on behalf of the City. � � r�ti R,��H�L DODGE , t�G7f,RY PU6UC•MINl�G"OTA + �,t�r�. �_.::.( /yJGcX�`�---•..—. tilyCommissionExpitesJan.31,2005 � Notary Public fi � -� — -ueLG:.' ('��:. ..�._..� _.. ."'" Page 5 of 6 � o� 0 0 � ��a��, � CITY of ORONO ��H� � � �.� � ,� �" ��'` �'�' RESOLUTION OF THE CITY COUNCIL l � �� `9kESH�4 NO. 4 � �. STATE OF MINNESOTA COUNTY OF HENNEPIN On this ,� day of `�c��;�� , 2003, �T r��c� �--c�r� personally appeared before me, who is personally known to me �,-- whose identity I proved on the basis of �,�,V 7�-- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowled�ed that he/she/they executed the same as his/her/their free act and deed. �� :` Notary Public � � � QENISE M.LESKINEN NpTARY PUBLIC-MINNES07A � ~ " My Commission ExFires Jan.31,2005 F ,.. .; k �,., .�.,_✓�..-.r?�..'�^•' ln_ ��..F _ .. .._.._.�. NA Page 6 of 6 U.141/ IU/11723 SUNSIATECONCtYIS AD VANCE SUR VEYING & ENGINEERING CO. ,'�/;; / C�,�'� /<<<j� �� 5300 S.Hwy.No.101 Minneconka,M�I 55345 Phono(952)474 7964 Faz(952)474 8267 �,Rp�p �pPY � SURVEY FOR: SUN STATE CONCEPTS 9l�B SURVEYED: Decembcr 2002 DRAFiED:Decemba 12,2002 Cj�O�QAQ�� srre Pur�_ canoir�a etnt� RF.VISED: December 17,2002 to show addition to residence. � g APPF.OY�9-tiM+�oN�x�sr�j Fo��o�n� 17 APr';�Q45D§':I i N(;.1'ISIpNS LEGAL DESCRIPTION: � Lot l,Block 4,Foxhitl�HGMBp1I1 COWlY,Minnesota / ' � B DISA�,n�,1'ED (I / ys DATE �i-3i.o3 SCOPE OF WORK: � � � � ��r';r 1. Showin the len e�v.. X zez 92u ��`O —N OiZZ- NO O�u� u N'*�c� g gth and direction of boundary lines of the above legal description. The x � 6' p. scope of our services does not include determining what you own,which ia a legal matter. i� � � �\ "��\� �y �,.�eT�� > p�ur�2F't�z'O Please check the Iegal description with your records or wnsult with compeknt legal counsel,if I � 1 � necessary,to make sure that it is cortect,and that any matters of record,such as easemenu,that you � wish shown on the survey,have bern shown. � I � � / 2. Showing the�ocation of ezisting improvementt we decmed important �� ':�, �\\ �� 3. Senin new monumcnts or veri x93i.° `9. . ,= `3z, . g fying old mooumenb to mark tho comers of t6e pmperty. � I I 1 � � � _ 4. Showing elevations on the site at selected tocations to give wme indicarion of the topography of � � � , ;he sitc.The elevarions shown relare only to the benchmark provided on this wrvey. Uu that �' /� �� i � '� \�I�� \ � '�` Xezsz benchmark and check at Ieast one other featurc shown on the map when detertnining other elevations eae s � / �, � � iur usc on chis site. I `� � i i� ��`�� Wpad FM<I 930.J 1 � STANDARD SY?ABOLS&COYVEYTIONS: i � % � �� ,J4 "�"Denotes 1/2"1D pipe with plaztic plug bearing State License Number 9235,set,unless • K � � � ' /� % �` o�herwise noted. �p�,� �j— t �-" + � I � �� bry.�hcyh ,��' � // ��z.� x X923.I I hereby certify that this plan,specification,report or survey was prepared by me or i�'O��jb ,� / xs�z e 1 undet my direct supecvuion and that I am a licrnscd Professional Engineer end V i�� _-� � � Professianal Surveyor under the laws of the State of Minnesota. 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