HomeMy WebLinkAbout#5019-variances-2003 . ' ' • ,
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'C� G RESOLUTION OF THE CITY COUNCIL
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A RESOLUTIOY GRANTING VARIAI�;CES
TO 1�1UNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISIO�9(A);
10.24, SUBDIVISION SB; I0.22, SUBDIVISION 2;
AND 10.56, SUBDIVISIONS 16(C)(2, 3 & 6) A.��D 16(L),
FILE NO. 03-2893
WHEREAS,John W.Henrich and Roberta J.Her�ich,husband and wife(hereinafter
"the applicants"), are the owners of the property located at 412�Highwood Road within the City of
Orono (hereinafter the "City") and legally described as follows:
Lots 19, 20 and 21, Highwood Lake Minnetonka, Hennepin Cour�ty,Minneso'w;
(hereinafter the "property"); and
dVHER�AS,the applicants have made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 10.24 Subdivision SB to allow constructior. of a new
residenee to replace a pre-existin� residence on a lot containin� 0.66 acres in area in the LR-1B
Zoning District where a 1.0 acre minimum lot area is required; and a variance to Sections 10.22
Subd.2, 10.55 Subd. 8 and 10.56 Subd. 16(L)(1&2)to allow 5.7%hardcover in tne 0-75 Ia�eshore
zone where no hardcover is normally allowed, and to allou� 28.2% hardcover in the 75-250'
la'_�ceshore zone where only 25% hardcover is normally allowed; and a varianc� to Sec�ion 10.56
Subd. 16(C)(2&3) to allow structural encroachment �vithin a bluff impact zone and structural
encroachment of a required 30'bluff setback;and a variance to Sections10.22, Subd. 1(B)znd 10.56
Subd. 16(C)(6)to allow an encroachment of the avera�e lakesho:e setback;and a variance to Section
10.03, Subd. 9(A) to allow an accessory stn:cture to remain «-ithout a principal structure during
construction.
NO"', THEREFORE BE IT RESOLVED by the Cit}� Council cf Orono,
Minnesota:
FINDINGS
1. This application was revie�ved as Zoning File�03-2893. -
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2. The property is located in the LR-1B Lakeshore Residential Zoning District,which
requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot has
a defined width of 157' at the OHWL and 150' at the 75' setback line, but is only
28,648 s.f. (0.66 acres) in area.
3. The Planning Commission initiallyreviewed this application at a public hearing held
on May 19,2003 and on a vote of 5-0 recommended approval of the variances for lot
area, average setback and accessory structure without a principal structure during
construction, but tabled the hardcover and bluff impact variance to allow applicant
to reduce hardcover to nearer the 25% limit. �
4. The Plan.ning Commission reviewed the applicants'revi.sed proposal on July21,2003
and on a vote of 7-0 recommended approval of hardcover in the amount of 28.2%in
the 75-250'zone; approval of 5.7%hardcover in the 0-75' zone subject to removal
of the existing 8'x 12'shed in that zone;approval of a 4'encroachment of the required
30'bluff setback for the new house, subject to reconfigurin�the existing deck to be
located no closer than 15'from the top of bluff where a 30'setback is reqnired;these
approvals being based on the following findings:
a) A house has existed on the property for many decades. The lot area of 0.66
acres is sufficient to allow construction of a new residence on the site. The
property is served by municipal sewer.
b) The property contains an existing residence structure and detached garage.
The house wzll be removed by the applicant in order to construct a new
residence on the property. The applicant intends to re-use the existir.o garage,
�vhich is relatively new, in good condition, and conforming in location, but
which is oriented and elevated in relation to High�vood Road in a manner
which requires substantial driveway to be functional and provide for safe
access while providing off-street parking needed because Highwood Road is
very narro�v. The applicant has agreed to reconfiaure the driveway to reduce
its associated excessive hazdcover.
c) The site contains a bluff feature. A small portion of the proposed ho�zse will
be located 26' from the top of bluff where a 30' setback is required. An
existing deck serving the house is 2'from the top of bluff. This deck will be
reconfi�ured to meet a 15'setback from top of bluff. The bluff impact zone
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and setback encroachments are necessary to allo�v the house to be located
where it will allow for minimizing the driveway hardcover on the street side
of the house.
d) Existing hardcover in the 0-75'zone includes retaining walls, stairways and
landings�vhich are necessary to maintain the steep slopes and provide access
to the lake. The applicant proposes to keep 683 s.f. of walls, stairways and
landings resulting in a 0-75'hardcover of 5.7%. The applicant has agreed to
remove an existing 8'x 12'shed in the 0-75'zone.
e) Existing hardcover in the 75-250'zone is 6,180 s.f.or 37.1%. Final proposed
hardcover in the 75-250'zone is 4,690 s.f.or 28.2%.The hardships supportin;
the 75-250'zone hardcover variance include the steep slopes which limit the
house location and require walls and walktivays;tl-�e topography near the road
and the elevation and configuration of the existin�garage which will remain,
and the need to provide safe access to the property while retaining adequate
parking on-site since the narrotiv High�vood Road is inadequate for parking.
fl The average lakeshore setback encroachment of approximately 12' for the
proposed house will have no impact on views of the lake enjoyed by the
adj acent property owners. The proposed reconfigured deck is low enough to
similarly have no view impacts.
5. The City Council has considered this application including the findinas and
recom.mendations of the Plannin�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.
6. 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 danger to neighborinJ property; �vould not merely serve as a
convenience to the applicant, but is necessary to a?leviate a demonstrable hazdship
or difficulty;is necessary to preserve a substantial properlyri�ht of the applicant;and
would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
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CONCLUSIONS, ORDER AND CONDITIO�IS
Based upon one or more of the above findings,the Orono City Council hereby grants
a variance to Orono Municipal Zoning Code Section 10.24 Subdivision SB to allow construction of
a new residence to replace a pre-existing residence on a lot containina 0.56 acres in azea in the LR-
1B Zoning District where a 1.0 acre minimum lot area is required; and a variance to Sections 10.22
Subd.2, 10.55 Subd. 8 and 10.56 Subd. 16(L)(1&2)to allow 683 s.f. (5.7%)hardcover in the 0-7�'
lakeshore zone where no hardcover is normally allowed, and to allow 4,690 s.f. (28.2%)hardcover
in the 75-250' lakeshore zone where only 25% hardcover is normally allo�ved; and a variance to
Section 10.56 Subd. 16(C)(2&3) to allow the proposed house to encroach 4'into the required 30'
bluff setback, and a deck to encroach_15'into_the 30'bluff setback and 5'into the 20'bluff impact
zone; and a variance to Sections10.22, Subd. 1(B) and 10.56 Subd. 16(C)(6) to allo�v a 12'
encroachment of the avera?e lakeshore setback for the house;and a variance to Section 10.03,Subd.
9(A)to allotiv the accessory structure(detached garage)to remain without a principal structure during
construction; 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 A. Any changes from the approved site plan
which are not in conformity with this approval or City requirements will require further
Planning Commission and City Council review.
2. Hardcover on the property shall not exceed the limits as noted in this resolution. Applicant
is advised that any future propcsals for additional hardcover on the property will likely not
be approved,but might be approved only in conjunction with concurrent hardcover remo�-als
to result in no net hardcover increase on the property. All hardcover removals required to
meet the terms of this resolution shall be completed prior to issuance of a Certificate of
Occupancy for the new residence.
3. Authorities granted by this resolution run with the property not u�ith the applicants,but are
permissive only and must be e:cercised 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 (August 11, 2004).
4. Violation of or non-compliance with any of the terms and conditions of this resolution sha1l
constitute a violation of the zonin�code,shall automatically terminate any authority�anted
herein, and shall be punishable as a misdemeanor.
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5. The undersigned applicants has read, understood and hereby a�ee to the terms of this
resolution and on behalf of the applicants and their heirs, successors and assigns, hereby
a�ree to the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this l lth day of August, 2003.
ATTEST:
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Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor
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roperty Owner(s)
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�'�t �G~ RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEpIN
The foregoing instrument was aclrnowledged before me on this�day of�S..��_,2003
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corpo a� tion and said
instrument was executed on behalf of the City.
l �l A � La.s ,�-�y—=�iw._.Q�s--�°Jt
Notary Pubhc �
ALISSA A.WINTERNHEIMER
STATE OF MINNESOTA ����-�NNESOTA
My Commission Exrire,,J�n.31,2006 �:,
COLTNTY OF HENNEPIN � ___: : --_._..__
- � .��:::;:... ,_.
The foregoing instrument was acknowledged before me on this'�day of � 5-�-,2003
by Linda S. Vee, City Clerk of the City of Orono, a 11�innesota municipal corpora� said
instrument was executed on behalf of the City.
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� NOTARYP�B�-MIK��E:'�rq i
�� `-- ��ExplresJan.3,,���, � NotaryPublic
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�25��' day of �c f ,2003
by John W. Henrich and Roberta J. Henrich,husband and wife.
, Q ,/��
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Notary Public
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:� ;t��'�.��: ���N�A S.1/EE �
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Coiry�rMfO�E�es Jan.3i,�';;5 'r`
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