HomeMy WebLinkAboutRE: planning commission action for variance CITY OF ORONO ZONING FILE: #1809
P.O. Box 66 NOTICE OF PLANNING COMNIISSION ACTION
Crystal Bay, MN 55323
473-7357 DATE OF NOTICE: April 22, 1993
TO: Daniel and Barbara Hoffman
231 Harrington Drive .
Long Lake, MN 55356
TYPE OF APPLICATION: Variance
� DATE OF MEETING: 4/19/93 VOTE: 5 FOR 0 AGAINST
Planning Commission recommends the following:
Approval, subject to the conditions noted below.
NOTES AND SPECIAL CONDITIONS:
The applicants must construct a residence requiring no additional variances.
Applicants' next scheduled meeting is confirmed as City Council, April 26, 1993;
meeting starts at 7:30 p.m.
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Clerk after review and approval by the Planning Commission.
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
� FILE NO. 1809
WHEREAS, Daniel and Barbara Hoffman (hereinafter "the applicants") are
owners of the property located at 1135 Heritage Lane within the�City of Orono (hereinafter "the
City") and legally described as follows:
Lot l, Block l, Fox Hill and that part of Lot 2, Block 3, Fox Hill beginning at
a point on the east line of said Lot 2, distant 50 feet southerly at the northeast
J corner of said Lot 2, as measured along said east line; thence northwesterly to a
point on the north line of said Lot 2, distant 107 feet westerly of the northeast
comer of said Lot 2, according to the recorded plat thereof, Hennepin Counry,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoni.ng Code Section 10.23, Subdivision 6 (B) to permit the construction of a residence on a 1.1
acre lot where 2 acres is required; and to allow the construction of the residence 35' from the
front lot line where 50' is required and 25' from the side lot line to the south where 30' is
required.
NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1809.
2. The property is located in the LR-lA Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application on April 19, 1993 and
recommended approval of the proposed variances based upon the following
findings:
Page 1 of 4
. , . , - ...` .;
A. The existing residence was severely damaged by fire, requiring nearly
total replacement of the structure.
B. The lot size is consistent with those in the neighborhood.
C. A conforming on-site system can be installed to support the 3-bedroom
residence.
D. The lot is severely limited by topography and mature vegetation.
4. The City Council has considered this application including the fmdings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
5. The Ciry Council fmds 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 hardship or difficulty; is necessary to preserve a substantial properry
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the fmdings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to perm.it
the construction of a residence on a l.l acre lot where 2 acres is required; and to allow the
construction of the residence 35' from the front lot line where 50' is required and 25' from the
side lot line to the south where 30' is required, subject to the following conditions:
1. As no alternate drainfield site is available for this property, the applicant will be
required to fence off the proposed drainfield site prior to the issuance of a
building permit.
Page 2 of 4
2. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (April 26, 1994).
3. 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.
4. The undersigned 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 Ciry Council of the Ciry of Orono, Minnesota at a regular meeting
held on the 26th day of April, 1993.
ATTEST:
Dorothy M. Hallin, Ciry Clerk Edward J. Callahan, Jr., Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of April,
1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public
Page 3 of 4 ,
� . . �. .; �tiv.��.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of . 199 before me a Notary
Public within and for said county,personally appeared
known to me to be the person(s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary
Public within and for said counry,personally appeared
known to me to be the person(s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NOTARY PUBLIC
Page 4 of 4
� 0 CITY OF ORONO
� SEPTIC SYSTEM APPROVAL
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LOCATION: 1135 Heritage Lane
OWNER: Dan Ho f fman
GENERAL CONTRACTOR: SEPTIC CONTRACTOR:
SITE EVALUATOR: S—P Testing �pORT DATE: March 10, 1993
The City of Orono has Approved your on-site system design as of March 15, 19 9 3
(approved-disapproved) (date)
with the following comments: The septic system design has been approved with a
variance granted to allow the drainfield within the required 20 '
setback from prope�'ty lines . The system will be allowed up to 5 '
from the property lines . Also, at the time the septic system is
installed, the existing well must be abandoned and a new one drilled.
THIS IS NOT A PERMIT. This is a design approval form which must accompany the site plan. A permit must
be issued to a licensed septic contractor prior to installation. A list of currently licensed septic contractors is
enclosed.
NOTICE TO INSTALLERS: Any changes to the approved plans and specs must have prior approval of the
Inspector (473-7357). Call for inspections 24 hours in advance.
ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain
in place until final site grading. Approval to pour footings will not be granted until the Inspections Department
has verified that primary and alternate sites are adequately protected.
NO VEHICULAR TRAFFIC OF ANY KIND (cars, trucks, earth moving equipment, etc.) is allowed within 20'
of tested drainfield sites either before or after system construction. Compaction of these areas could render them
unusable prohibiting the timely completion and or limiting the long term use of the property.
A site copy will be available at the City Offices for the septic contractor.
CITY OF ORONO
By
Stephen clanan, On-site Systems Manager
TELEPIiONE-473-7357� FAX-473-0510
TO: Planning Commission Members .
Ron Moorse, City Administrator .
FROM: Stephen Weckman, On-Site Systems Manager
DATE: April 13, 1993
SUBJECT: #1809 Daniel and Barbara Hoffman, 1135 Heritage Lane - Variance -
Public Hearing
Zoning District
LR-lA, Lakeshore Residential, 2 acre m.inimum.
Pertinent Ordinance
Section 10.23, Subd. 6(B) - Lot mi.nimum requirements.
Lot Area
Required = 2 acres
Existing = 1.1 acres
Variance = 0.9 acres or 45%
Front Setback
Required = 50'
Existing = 35'
Variance = 15' or 30%
Side Setback
Required = 30'
Existing = 25'
Variance = 5' or i7%
List of E�ibits
A - Application
B - Property Owners List
C - Plat Map
D - Survey
E - Existing Site Plan
F - Proposed Site Plan
G - Front Elevation
H - Aerial photo
Zoning File #1809
April 13, 1993
Page 2
Description of Request
The applicants request variances for lot area, front setback, and side setback in order to
reconstruct their home, which was severely damaged by a fire early this year. The applicants
propose to totally replace the residence near its previous location in order to limit the loss of
mature trees.
Review of this variance request reveals that the enr.ire F�x Hill Subdivisi�n was
developed in 1965 prior to the incorporation of the cunent LR-lA zoning district standards.
This subdivision consists of lots approximately 1 acre in area many of which have existing
homes that do not meet the current setback requirements. None of these lots can be developed
or rebuilt on without a lot area variance.
The applicants have supplied preliminary plans of a new residence for your review. The
proposed residence maintains the existing substandard front yard and side yard setbacks, 35' and
25' respectively, while increasing the floor plan by 460 s.f. plus a 170 s.f. gazebo. The total
hardcover for the proposed reconstruction is 7,860 s.f. or 16.4%. Although there is an increase
in hardcover of 2,200 s.f., the 16.4% hardcover is well below the 35% limit in this zone. The
proposed floor plan will result in the loss of an Ohio Buckeye tree north of the proposed
residence, but the Silver Maple will be saved. It should also be noted that the gazebo is
proposed 5' from the residence, while a 10' setback is required.
As this parcel lies within 1,000' of the ordinary high water level of Lake Minnetonka,
the newly adopted Shoreland Regulations require that the existing septic system be confirmed
as conforming. A site inspection performed by S-P Testing revealed that the existing system lies
in mottled fill soil and is not a conforming system. Therefore, soil testing and septic system
design has been completed and approved by the City for a 3-bedroo� home. The proposed
drainfield site is within SO' of existing well, u�hich �:ust th�refore be relocate� in order to
maintain the required setback. Also, no suitable site is available for an alternate drainfield site.
The new septic system will be oversized as much as the site will allow to increase the longevity
of the system.
�iardship Statement
?'he applicants are limited by an undersized lot and mature vegetation. The lot is 1.1
acres in a 2-acre minimum zone with no additional property available. The unusual shape of
the parcel and the mature maple tree adjacent to the residence restricts its relocation further to
the west.
ch �
• - - �, . .
_ �
To: Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
From: Stephen Weckman, On-Site Systems Manager
Date: April 22, 1993
Subject: #1809 Daniel and Barbara Hoffman, 1135 Heritage Lane - Variance
Pertinent Ordinance
� Section 10.23, Subd. 6 (B) - Lot minimum requirements.
Lot Area
Requqired = 2 acres
Existing = 1.1 acres
Variance = 0.9 acres or 45%
Front Setback -
Required = 50'
Existing = 35'
Variance = 15' or 30%
Side Setback
Required = 30'
Existing = 25'
Variance = 5' or 17%
Additional Exhibits .
J - Resolution
K - Notice of Planning Commission Action
L - Planning Commission Memo and E�chibits
Description of Request
The applicants request variances for lot area, front setback, and side setback in order to
reconstruct their home which was severly damaged by fire early this year. The applicants
propose to totally replace the residence in nearly the same location, maintaining existing front
and side yard setbacks, while saving the mature maple tree west of the residence.
The entire Fox Hill Subdivision was developed prior to the incorporation of the cunent
LR-lA Zoning District standards. The majority of lots withi.n the subdivision are approximately
1 acre in area and many of the homes in this subdivision do not meet the current setback
requirements. The applicants propose a new residence which is slightly larger than the existing
structure, however, the existing front and side yard setbacks would be maintained and the�16.4%
. . . • �
� ..
Zoning File #1809
April 22, 1993
Page 2
hardcover is well below the 35% allowable in this zone. The applicants ask for this variance
in order to save a mature tree west of the proposed residence as well as limit considerable site
alterations which would be necessary in order to meet the required setbacks.
Soil testing and system design have been approved by the City for a new on-site system
which is required of the home reconstruction, however, no alternate site is available for this
property. Drainfield siting will be difficult on many lots in this development due to small lot
' sizes and steeply sloping topography. Please refer to the Planning Commission and e�.ibits for
further information.
Planning Commission Recommendation
The Planning Commission recommended approval of this application provided that no
additional variances will be required for the construction of the residence. The motion passed
with the vote 5-For, 0-Against. The enclosed resolution has been drafted per the findings and
conditions of the Planning Commission recommendation. „
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