HomeMy WebLinkAboutrequest for council action/variance denial Date of Application: 6/24/98
Date Complete: 6/24/98
60 day limit: 8/23/98
REQUEST FOR COUNCIL ACTION
DATE: August 4, 1998
ITEM NO.: �
Department Approval: Administrator Reviewed: Agenda Section:
Name Liz Van Zomeren Zoning
�tle Ciry Planner
Item Descrip�ion: #2394 C. Peter Pearson Co., having an interest in
2697 Kelly Avenue
Variances--Denial
Zoning District: LR-1B One Family Lakeshore Residential District (1 acre)
Lot Area: 22,549 sq. ft. (non-continguous) .51 acres
16,749 sq. ft..(contiguous) .38 acres
Application: The applicant has a purchase agreement to buy the lot and construct
a new residence. The City Council granted a lot azea variance to this
lot in November 1997. One of the conclusions in the resolution was that
no further vaziances would be granted for this lot or the adjacent lot (2695
Kelly Avenue).
The applicant is requesting a hardcover variance in the 75'-250' setback
to allow 2,350 sq. ft. of hardcover which represents 29.2% where 2,008
sq. ft. or 25% is allowed. The applicant is also requesting to have access
from Lydiard Avenue instead of Kelly Avenue and a reduced side yard
adjacent to street setback from 35 ft. to 17 ft.
PLANNING COMMISSION RECOMII�NDATION:
The Planning Commission on a 6-0 vote recommended denial of the application based on
the City Council's previous resolution that no further variances would be granted.
COUNCIL ACTION REQUESTED:
To direct staff to prepare a denial resolution.
Attachments
CITY OF ORONO ZOI�TING FILE#2394
P.O. Box 66 NOTICE OF PLANNING COMMISSION
Crystal Bay,MN 55323 ACTION
473-7357 DATE OF NOTICE: 7/21/98
TO: C. Peter Pearson Ca COPIES TO: Gary Birnbaum
5360 Candy Cove Trail 2695 Kelly Ave.
Prior Lake, MN 55372 Excelsior,MN 55331
TYPE OF APPLICATION: Variance/Access from Lydiazd Avenue
DATE OF MEETING: 7/20/98 VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Denial.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council Monday, August 10, 1998,meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes,they are available from
the City Recorder after review and approval by the Planning Commission.
X:�APPS\WPWIN60\WPDOCS\CAROLE1l'CACITON�2394
08/05/98 ll:lr To:Ms. Li� Van Zomeren From: Fortis Page 1/Z
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FACSIMILE COVER PAGE
- Date: 8/5/98
Time: 11:16:22
Pages: 2
vviiiNa�iy. vi�i�v vi�y v��w�o
Fax#: 473-0510
Message:
August 5, 1998
Ms. Van Zomeren,
Please include the attached memo in the City Council Board package for August
10. If you have questions, just call me at 471-7462.
Sincerely,
, ,
_
���Copyright CheyenneSofiware,Inc. FAXSERVE
�8/05/98 11:17 To:Ms. Liz Van Zomeren From: Fortis Pag� 2/2 .
�u�is�t �, 1998
T,-, c;�o l�is. Liz �'an Zumerzn
FA.�: �73-f)�l�
FI�'011i: James C. Berg
�F71-7�F62
SLTI3JECT: �aenda Item for�ugust 10: Request#239-t (C. Peter Peaison C'ompan��
lia��in�an intei-est Li, 269� I�elly A�enue. Th� property i� locat�d at the
intarszction c�f I�allv avenue .ind L��di.lI'C� �vznuz, Nat�ai-�-e)
-------------------------------------------------------------------------------------------------------------
It is my undzrstanding that thz abova applicants are asking for both a hard covar��ariance and a
sacoiid varianca to gain acczss to thzir pruperty from thz tire lane, �chich is gatad and closaci a��arv
�c inter.
W2�]21V2 Il�`ZCI 111 tlld 1121�I11�0I'l1UOC�f01 1$-1-'2 yaai:S 1ri(��11Vd tiZZll iQlltlCj21'aUla �hanga. Tha statns
of tliis propairty lias alsu c1i.111'zC�. It 1115 Z�'OI�'ZC� tI'OIIl 1 11011-�Lllla�lhlZ Il)t �1ZC1L1SZ p:ll'C ut 1I1z
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tT0111 tZld Illain property to tha point �c ithout gatting�vet)... to a b«ildable lut bacausz te�i er chargat
h�1VZ UdZIl 'ciSS�SSZC� lIl p35t y�aTS... tp 3 iZC111ZSt t0 171111C'� 1 Ill�"UT�;'�lOtllz Ull 1 SI11a11 lot (or as I
dzscribz,tLlZ}�Li��lIlf t0 t�l11IC1 il lill'11T�'�lOIllZ 011 a j)O�tagz �tanip lot).
��'e are asking that yUll SL1I1pOTt tI1C CIZI'1$1011 Ot tllZ PlilIlI11I1P�COl1I1C1I �ind sa�� "no" to Nie an��
variances on tlus prupert��. The research and rzasoning by the P1.11ll11I1�COI1llri1SS10Il 1�SOIIriCI,
prttdent, and sliuuld be andorsad by tha Cit�� Cuuncil. Th:inl:s.
TO: �Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
DATE: July 14, 1998
SUBJECT: #2394 C. Peter Peazson Company, on behalf of Gary&Bonnie Birnbaum
2697 Kelly Avenue
Variances--Public Hearing
Zoning District: LR-1 B, One Family Lakeshore Residential (1 acre)
Lot Area: 22,549 sq. ft. (non-contiguous) (51 acres)
16,749 sq. ft. (contiguous)(.38 acres)
Application: The subject property was granted a lot area variance on November 10, 1997,
according to Resolution#3997. One of the conditions of the resolution
was that no further variances would be granted for Lot 1 or Lot 2.
The applicant is requesting a hardcover variance and side yazd adjacent to
street variance. The applicant is also asking to use Lydiazd Avenue for
access to reduce the amount of hardcover for the driveway.
Pertinent Ordinances:
• Section 10.24, Subd. 5 (B)
• Section 10.22, Subd. 1 and 2
• Section 10.56, Subd. 16 (L), 1 and 2
aage--�
ANALYSIS
Lot Area and Yazds
LR-1B District Standazds �
Lot Area Lot Street Yard Side Yard Lakeside Side
Width Yard Yard
Adjacent
to Street
1 acre 140' 30' 10' 75' and 35'
ALS
Subject Property Lot Area and Yards
Lot Area Lot Street Yard Side Yard Lakeside Side
Width Yard Yard
Adjacent
to Street
22,549 sq. ft. 98' at 75' 30' 10' 75' 17'
non- setback,
contiguous 111' at
(.51 acres) OHWL
16,749 sq. ft.
contiguous
(.38 acres)
The subject property was granted variances for lot azea and lot width in November 1997. The
applicant is asking for a side yard adjacent to street variance to reduce the required setback from
Lydiard Avenue from 35' to 17' to reduce the amount of hardcover on the site and provide for a
bigger footprint. The City Council's resolution indicated that no future variances would be allowed.
aase--z
Structural Covera�e
Total Lot Size Total Structural Coverage Percentage Proposed
Allowed
16,749 sq. ft. 2,512 sq. ft. House=1,222 sq. ft.
(38 acres) (15%) Garage=440 sq. ft.
Tota1=1,662 sq. ft.
The structural coverage calculation was based on the contiguous amount of land. The total
amount of lot coverage does not exceed the 15%requirement.
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
0'-75' 8,714 sq. ft. None None None None
(contiguous)
75'-250' 8,035 sq.ft. 6 sq. ft. 2,008 sq. ft. 2,350 sq. ft. 341.25 sq. ft.
(25%) (29.2%) (4.2%)
The proposed residence, driveway and sidewalk exceed the 25%limit for hardcover in the 75' -250'
setback. The resolution that the City Council approved indicated that no future variances would be
granted.
page-3
STATEMENT OF HARDSHIP
Criterit�for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property in question has been granted lot area and lot width variances that expire on
� November 10, 1998. The property is vacant. A small house that does not require any
variances could be built on the lot.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The situation is caused by the design of the proposed residence and the location of the lot
next Lydiard Avenue which requires a greater setback of 35'instead of 10'.
3. The variance, if granted, will not alter the essential chazacter of the locality.
The variances will change the character of the area by allowing a house that exceeds
the hardcover limits to be built within 17'of Lydiard Avenue. The access to Lydiard
Beach would also be changed because it does not currently provide access to other
residences.
4. Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
The applicant has a purchase agreement to buy the property contingent on receiving
the requested variances. The lot was granted lot area and lot width variances, however,
a condition was placed on the lot to limit future variances.
The current price of lakeshore lots is driving the number of variances to maximize the
size of the proposed residence.
5. The special conditions applying to the structure or land in question are peculiaz
to such property or immediately adjoining property.
This lot is subject to the conditions under which the lot area and lot width variances were
granted. Other lots, however, are also subject to the hardcover and setback limits.
6. The conditions do not apply generally to other land or structures in the district
in which said land is located.
This lot does not meet the requirements of the zoning district for lot area or lot width. The
lot area is also not contiguous. The lot is further restricted for residential development by
the greater setback requirement from Lydiard Avenue. If access were provided from Kelly
Avenue, the minimum amount of hardcover for a 35'x 20'driveway is 700 sq.ft. This
leaves approximately 1,300 sq.ft.for a buidding footprint. Because of the prozimity to the
lake, it may not be possible to construct a basement. Therefore, the maximum amount of
total floor area may be less than 2,600 sq.ft. if it were 2 stories in height.
7. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The applicant has a purchase agreement for the properry. As he is not the owner, he
does not have a substantial properry right in the subject property. The properiy owners
are aware that the Council indicated that future variances would not be granted.
9. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hazdship or difficulty.
As this is a vacant lot, there is not hardship to grant variances for setback and hardcover.
Issues
1. The lot was granted lot azea and lot width variances in November 1997.
2. The property ovvners were informed that future variances would not be granted.
3. The Park Commission reviewed the proposed access from Lydiard Avenue
at their July 6, 1998 meeting and recommended that the City not allow a curb
cut from the beach access.
4. The side yazd adjacent to street setback for Lydiard Avenue is the same 35' setback
as for Kelly Avenue.
5. Because of the 35' setback requirement for this property 700 sq. ft. of the allowed 2,008
sq. ft. of hardcover would be used by driveway. This represents 35%of the allowed
hardcover being consumed by the driveway which reduces the size of the structure.
6. The Zoning Code provides that a lot may have a 1,500 sq. ft. footprint. The proposed
plan is slightly larger at 1,222 sq. ft. for the house and 440 sq. ft. for the garage.
STAFF RECOMMENDATION
To direct the applicant to redesign the house so that access is from Kelly Avenue and that the
footprint of the house not exceed 1,500 sq. ft. and the amount of proposed hazdcover not exceed
2,008 sq. ft.
Attachments
. A Application
B Applicant's letter
C Plat Map
D Hardcover& Calculations
E Survey
F Elevation
G&H Floor Plan
I Resolution# 3997
J Minutes:
September 15, 1997
October 20, 1997
November 10, 1997
K Pictures
Application # �q ¢
Date Received �o•Z4 •q j'(
Amount Paid �aD
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION - " ,
SiteAddress 2�v 97 �F.�.L, Av�N�� � _
Properry Identification Number (P.I.D.) � (7�- 1 - 'I -�� �
Attach legal description to a plication if not included on required survey.
Date Pro Acquired (month/yeaz
I (do) do no also own the adjacent parcels of lan .
Present use of property: �residential other (specify) V O�C.�'�h`�'
Zoning District: � � I
APPLICANT Phone (home) t��- Yy�� �-/
Name � • �z��r �C'�c.�?v� C..�,v►.�a..►�U Phone(work) /�- � �/C�6
Address: S-��b CEt•�lu Cavt Ti�•% City:����Lq�'c Zip: SS.�7oL
(.��p\i ca�..�4 1`as yon.�;�c w-� ��1rr,i.�3� A�j rtc j-c.-ct c� �fi.
OWNER (if 'fferent than applicant) Phone (home) �/7/—0�6�'
Name P�0.�-�, P �o�nn ie (.�S '�,.��.nu Phone(work) �S'-�b,.;S'
Address: v City: �'X�l�Siv� Zip: S,S"s�3/
DESCRIPTION OF REQUEST Estimated Construction Cost $ � �v�`
Describe request in detail: �2G u�5-�ca� Si� t��� u�rc�.1c.� �+vd �'`� L- ����C�
/!1/� Gl.���/'r CtC' �Z i�G/�`GCr /' �,NI` C! ��Dn, O�G'.:-.¢/ �[R�l �,��cf�.
(attach addition sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width � Hardcover Lot Coverage
Setback: _ Front � Side _ Rear _ Average Lakeshore
Other (specify) �p �}(�D �1D Tu ��T
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficul or unusual property conditions preventing
compliance with Zoning Code requirements: n�S ` " i o�.
'� o�.v�-So�� ' t - �C� Q.c.�t� \ eS5 r,r►1�#'
r�.ini�.�.c,� l �- Si zL 0. '� ' �.�� �o QtS� e+�.
(attach additional sheets if necessary) � Go�5-�-� �
-. a�.-�.o,�y ���b,-� ,�as��e
� � uSP •
REQUIRED SUBMITTALS
All of the following information must be submitted bv the application deadline date in
order for your application to be considered com�lete:
1. Completed Application Eorm
2. Certified Property Owners List of owners within 150', labels and plat map (you
. must obtain this list, labels and map from Hennepin County Department of
Finance, A-603, Govt Center, 348-3271).
3. � Certificate of Survey (signed by a licensed surveyor) and include hazdcover
calculations as required. In addition, provide one (1) copy 8'/z" x 11" for
reproduction.
4. � Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8%i' x 11" for reproduction.
5. � Sketches or plans of floor & elevation views (provide one (1) copy 8%z" x 11").
6. � List of the legal names (include marital status) of all persons with an interest in
the property. This would include•name(s) of applicant(s) if not current owner(s).
7. As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
8. Additional items as may be requested by City staff.
The Applicant and Property O�vner must sign this application. Please remember that �ir
variance annlication is not complete if the above information has not been included.
APPLICANT'S SIGNATUR�
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay addidonal fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in iew of this application, and certifies that the
information supplied is true rr t the best s/her knowledge.
� C� �� �
Applicant's Signature Date
OW�1ER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of in i tio verification f this request.
Owner's S' nature Date
' ,>r�u,� • ��� 3 � �S
C��I�F �
Applicant t ha e all submi als into th�' City o�ces 25 days befor���ie Planning
Commission eeting. Planning Commission Meetings aze held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meetina, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
8
�
June 24, 1998
RE: 2695 Kelly Ave
City of Orono Planning Staff
2750 Kelley Parkway
Orono,MN 55336
Dear City of Orono Planning Staff,
Attached is a variance application for 26XX(95) Kelly Ave, (Lot 1, Block 1, Carmen Cave), PID 20-117-
23-14-0007. Gary and Bonnie Birnbaum who reside in the adjacent house at 2695 Kelly currently own
the property. I have a purchase agreement for their vacant lot. This application requests a side yard
variance along Lydiard Avenue of 18 feet,and a hardcover wariance of 4.2%.
The unusual property conditions limit the potential building envelope. The lot of record is less then
current minimum lot size, and hardcover restrictions limit the use of property for construction of a
dwelling. By side loading the garage from Lydiard Avenue,limiting the size of the driveway, a significant
reduction in hardcover can be achieved while retaining the 75'OHWL setback and the 35'setback from
Kelly Ave. As you can see the proposed house has a small double garage (20'x21'� and a modest foot
print, we have included the sidewalks, retaining wall, roof overhang and a patio/deck in the hardcover
calculations.
Please consider this request for variance.
Sincere
,
�,.
ris Pearson '
C.Peter Pearson Company
� k� '
3.
Attachments �� �
1. Application and Fee .''� �
2. Certified Property Owners List,labels and map
3. Certificate of survey,includes existing and proposed elevations,8 'k x 11 copy
4. Sketches of proposed floor plans and front elevation �
5. Legal Nazne,Data Privary form
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I Street Name KELIY_AVE
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PROPERTY SURVEYS C.R. W I N D E N & AS S O C I AT E S, I N C.
SUBDIVISION DESIGN
TOPOGRAPHIC MAPS LAND SURVEYORS
SUITE 110 • 7650 CURRELL BLVD. � WOODBURY, MINNESOTA 55125
PHONE: 612-731-7702
FAX: 612-731-7872
�,., .....--sr
r
June 23, 1998
� .
C. Peter Pearson Co.
5360 Candy Cove Trail ;'"`s�
Prior Lake, MN 55372 � � `
�,
. �:�,���� �.
Dear Mr. Pearson:
^..�, .
According to our survey of Lot 1, Block 1, Carman Cove, Hennepin County, Minnesota the land ' � `
and hardcover are as follows. �,�
Lakeshore Lot Area Existing Hardcover �,y�
Setback Zone In Zone In Zone ��
�
Lot 1, Block 1
��
0-75 feet 8,714 sq.ft. 0 sq. ft. �'��
0-75 feet(non contiguous) 5,800 sq. ft. ' �°
15-250 feet 8,035 sq. ft. 6 sq. ft (0.1°r6)
Total 22,549 sq.ft.
The above areas are based on the enclosed survey and were measured from the lot boundaries
and the 929.4 contour line.
The worksheet for the proposed hard cover areas is attached.
Thank you.
Sincerely,
�, �N�.C/iC��
Charles R. Winden
-,
��
� �a-r � ; BLoc�� 1, CARMA N Cav� .' '
Hr�RDCOv�+R C:�LCUL�ITION WORKSHEET
SETBACI< ?:OhE: (CIRCLE O(VE) 0-'3' %S-Z50' 2sasao' �00-10U0'
.� "",'�
FYiSTil`G HARUCOVER iN ZON�
�. Housa x = S.F.
:.ength W idth
X = S.F.
x = S•F•
r = S.F.
B. Garage x = S.F. '�� ��
C. Driveway x = S.F. - �-
.� = S.F. ,�,�;:;;�
D. Sidewafk x = S.F. �
� = S.F. �
E. Pauo/Deck x = S.F. �
x = S.F.
F. L.andscape z = S.F.
Underlain i = S.F.
By Plastic x = S.F.
G. Other gtTUM� NOUS x = 6 S•F•
TOT�L HARDCOVER IN ZONE - 6 S.F. A
TO'?'�►L PROPER 1'Y �REA IN ZONE - 8 0 3 5 S.F. B
A 6 — a g03S X ioo = o .� �
PROPOSED R�RDCOVER IN ZdNE
.a. House IRRECaUIr�R x = 1�1� S.F.
Lengch W idth
X = S.F.
X = S.F.
T = S.F.
B. Garage Z�. x Z.0 = 440 S.F.
C. Driveway 1° � 1 �O = 30�+ S.F.
X = S.F.
D. Sidewaik 1 �RQEt,ULAR Y = 'i4 S.F.
� ' �� x - 1 2'1 S.F.
E. Patio/Deck �� x = 1`Z 5 S.F.
x � S.F.
F. Landscape z = S.F.
Unde:lain z = S.F.
By Plastic x = S.F.
WP�z� i� i 14
G. Other x = S.F.
RavF 2'L ?
TO'CAL HARDCOVER IN ZONE - 2'�SO S.F. �►
TOTAL PROPFRTY AREA IN ZONE - A, 0'3 5 S.F. B
p �'��0 - B Q�3� x 100 = '2,a1 .`L, �o
13
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� �d� C ITY of ORONO
� �
�� Gti' RESOlUT10N OF THE CITY COUNCIL
�`9kESIIOg'� NO. e� 9 � 7` � _
A RESOLUTION GRANTING VARIANCES �
TO MUNICIPAL ZOI�TING CODE
SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5,
FILE NO. 2283
WI�REAS, Gary and Bonnie Birnbaum (hereinafter "the applicant") owners of
� the property located at 2695 Kelly Avenue within the City of Orono•(hereinafter "the City")
� and legally described as follows:
� �
O Lots 1 and 2, Block 1, Carman Cove (hereinafter "the property"); and
� WHEREAS, the applicants haV�e applied to the City for variances to Municipal
�
� Zoning Code Section 10.22, Subdivision 2 to allow the lot azea to remain at .52 acre (.38 acre
� contiguous) for Lot 1 and .62 acre for Lof 2 where 1 acre is required and lot width variances
of 42' for Lot 1 to allow the lot widths of 98' at the 75' lakeshore setback and 111' at the
, 929.4' ordinary high water mazk aze required. A lot width variance of 75' for Lot 2 to allow
lot widths of 106' at the 75' lakeshore setback and 65' at the 929.4 ordinary high water mark
where 140' is required. A hazdcover variance of 3.6% to allow the existing 28.6% hardcover
to remain where 25% is allowed to allow Lot 1 to be considered a buildable lot is also
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Miruiesota:
FINDINGS " '
l. This application was reviewed as Zoning File #2283.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in azea. Lots 1 and 2 together consist of
49,504 s.f. or 1.14 acre (43,704 s.f. or 1 acre contiguous). Lot 1 is .52 acre
� . (.38 acre contiguous) and Lot 2 is .62 acre.
3. The Orono Planning Commission reviewed this application on October 20, 1997
Page 1 of 5
. , .
� O�.
O O �
. C ITY of ORONO
� �
ti
� �,~' RESOLUTION OF THE CITY COUNCIL
L9kESH04'� NO. e� 9 9 "Y A. '"
and recommended approval of the proposed variance� based upon the following
findings:
1. The lots of record were platted prior to current zoning district
req�iuements.
2. The lots aze sepazate tax pazcels.
3. Both lots have been assessed sepazately for sewer and water.
4. Variances for lot azea for Lots 1 and 2 and a hardcover variance for Lot ,
2 was granted in 1987 to allow Lot 1 to be considered buildable.
4. The City Council finds that the conditions existing on this property aze 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 neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hazdship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health; safety
and welfaze of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24,
Subdivision 5 to permit Lot 1 to be considered a buildable lot as shown on Exhibit A.
Approval was subject to the following conditions:
1. No further variances shall be granted to either Lot 1 or Lot 2.
2. Authorities granted by this variance run with the property not with the
Page 2 of 5 _
. � s
�
� O� .
O O
. CITY of ORONO
� �
�� G�' RESOWTION OF THE CITY COUNCIL �
�9k'ESI'iO4''�Y . NO. `c� � � "7 '� --
applicants, but aze pernussive 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 (November 10, 1998).
3. Violation of or non-c�mpliance with any of the terms and conditions of this
variance 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 City Council of the City of Orono, Minriesota at a regular
meeting held on the lOth day of November, 1997.
A EST:
`� . ' .
� Dorothy M. a in, City Clerk , . Gab 'el Jabbour, yor
, •
�
�..r- ; : 12��c,�, r..�l�c.u�-,.�Z�
Prope Owner (s) �
STAT OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instnunent was acknowledged before me on this lOth day of
November, 1997 by Gabriel Jabbour 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.
��'.y�rf �/. �� �i��r�- ��
CAROLE A HASEMAN Notary Public
; � NOTAiiYY PUBUC-MINNESOTA
� `��: A
HENNEPIN COUNiY
� --•�•' My Cammission Expires Jan.31,2nao page 3 of 5 -
1
/ � . •
� O�
O O
CITY of ORONO
, .
\ � � .
��i G'�' RESOLUTION OF THE CITY COUNCiI
9kESH�g'� NO. :� 4 g ~1 A
STATE OF b�]fN�NESOTA )
) ss. � �
COUNTY OF HENNEPIlV )
On this a�-h day of �1n✓e�„hPr , 1997 before me a Notary Public within and for
said county, personally appeazed (? {�• {,� �,,,,,;��j►r.,�„�, h�s��,d�w���,
�n . fh urnd
lmown to me to be the person(s) descn ed in and who executed the foregoing instrumeat,and
� aclmowledged that he (they) executed the same as his (their) free act and deed. � -
�r�,-:�� CAROLEA HASEMAN �, /
: :`•�• NOtI�RYPUBIIC-1NINt�IEESOTA . ��y�� (�' . ���iri-ti� _
c ,;��y t�►�NCourm NOTARY PUBLIC
My comm�ssron 6cptres,hann.31.1noo
STATE OF MINNESOTA )
' ' � ) ss.
COUNTY OF HENNEPIN )
On this day of , 199 btfore me a Notary Public within-and for
said counry, personally appeazed
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 5
' , . • , �
� O _Y .
O O
,
C ITY of ORONO
� �
ti
�t�t �G~' .RESOLUTION OF THE CITY COUNCIL
`�k'Esxog No. �3 9 9 7 A
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RFS.OLUTION ��3 �9 9 7 �► �
� STATE OF MINNES OTA )
. )
COUNTY OF HE�YNEPIN )
. ) .
C�y OF ORONO ) .
.
I, Dorothy M. Hallin, Ciry Clerk of the Ciry of Or f a rrsolutioa of th C ty�
Minnesota, do here by ce r t i f y t h a t I h a v e c o m p az e d i h e f o r e g o i n g c o p y o .
Council of the Ciry of Orono with the original record of s o� sazdlutC��C unc�u heldf on
proceedings of said City Counc�l at a meetin,
November �o , 19 97 , and that the same is a true and correct
copy of said resolution duly adopted by said City Council at said meeting.
• In Witness Whereof, I have hereunto set my hand and seal this •12 tt► ,
day of November , 19 97 �
� . � � •
� orothy M. H ' , Ciry Clerk
(SEAL) � . ' .
. - , .
. , .
J
ORONO PLANNING CONIlVIISSION MEETING '
NIINUTES FOR SEPTEMBER 15, 1997 '
(#4-#2298 Conley Brooks,Jr.,and John Brooks- Continued) . .
Smith voiced concern with this land acquisition�aking Brooks'property more buildable. Hawn
noted the peninsula was located in the 0-75'setback. Ga�on said it could be a concern in a different
arrangement but not in this case due to the setback and lakeshore.
� Schroeder asked if the motion should include a scenic easement which will benefit the property
owner of 980 West Femdale and Robert Floyd.
Floyd noted that the covenants do not address the maple trees located on the tip of the point. Brooks
said he does have the scenic easement already and is willing to move the maple trees. Schroeder
. noted that no easement would be required if he owns the property.
The special lot arrangement was explained.
Vote: Ayes 4, Nays 3, Lindquist, Smith, and Berg. Berg said she is concemed with setting a �
precedent. Lindquist said the proposal is inconsistent with the Comprehensive Plan and the property
is not contiguous.
ACTION ITEMS
�
�°�$#�GARY AND BONNIE BIRNBAUM,2695 KELLY AVENUE-VARIANCES -PUBLIC
HEA.RING 10:21-10:31 P.M. �
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was present.
Van Zomeren reported that the application is a request to r�new a variance which has elapsed. Lot
width and lot area variances are required to allow the lot to be considered buildable. The 1.14 acre
property is located in the LR-1B,one acre,Zoni.ng District. Van Zomeren reported the applicant had
indicated via a phone conversation eazlier in the day that the survey that was submitted showed
inaccurate hardcover calculations as the concrete patio and other hazdcover has been removed. Van
Zomeren said Staff recommends re-enactment of the previous variances subject to conditions noted
on page 5 of the memo.
22
. �
ORONO PLA►NNING CONIlVIISSION MEETING
MINUTES FOR SEPTEMBER 15, 1997 ' ,
(#6-2283 Gary and Bonnie Birnbaum- Continued)
Mr.Bimbaum asked for consideratiori regarding the stipulation of removing fhe fence. It is located
on the edge of the properry at the edge of the access road for the public beach. The area is uneven
and receives heavy traffic. The fence would provide for safety as there is no shoulder on the road.
There is also alot of snowmobile traffic during the winter months. Without the fence, the
snowmobilers would travel across the property onto Kelly Avenue instead of using the access road.
There were no public comments. �
Smith asked the applicant if he has reviewed the Staff recommendations. Bimbaum said he supports
the recommendation with the exception for hardcover being reduced on Lot 2 and request the fence
remain.
Lindquist asked whether there was any reason why the fence cannot be moved onto Birnbaum's
properry. Birnbaum said there was not much land left as the land has eroded. Berg noted that a
person can no longer walk out to the point.
McMillan said it appeazs that what land is there is different from that shown on the survey. Stoddard
inquired how old the survey was. Van Zomeren said the survey was inaccurate regarding hazdcover
and total acreage based on the applicant's phone call. Lindquist suggested approval be subject to an
updated survey.
Schroeder moved to approve Application#2283 subject to Staffrecommendations with the exception
that the fence be allowed to remain on City property and an updated survey be provided prior to
application review by Council.
Stoddard responded that he felt the updated survey would show circumstances different than that
shown on the submitted survey. Birnbaum acknowledged that erosion has occurred. Stoddard
indicated that the water is hitting the fence area.
Schroeder received confirmation that the application is to enable the property to be one buildable
lot.
Stoddard noted that the property is in the one acre zoning district and consists of.52 acre and.6 acres
with the additional strip of land. This falls short of the requirement. Stoddard said he would like
to see what land exists. -
' 23
; .
ORONO PLAIVNING COMNIISSION MEETING
NIINUTES FOR SEPTEMBER 15, 1997 =
(�6 -2283 Gary and Bonnie Birnbaum- Continued) .
Schroeder indicated he stands behind his motion due to�the erosion occurring. McMillan indicated
that the water is 2'higher.
There was no second to the motion. .
Lindquist moved,Hawn seconded,to table Application#2283 subject to an updated survey. Vote:
Ayes 6,Nays 1, Schroeder,who indicated he felt the results would be the same.
(#� #2284 JAMES SLECHTA, 3700 NORTHERN AVENUE - VARIANCES - PUBLIC
HEARING 10:31-10:45 P.M. .
The�davit of Publication and Certificate of Mailing were noted. �
The Applicant was present.
Van Zomeren distributed photographs of the property. The 127,968.3 s.f. property, consisting of
3.97 acres total and.6 acres wetland,is located in the LR-1 C, 1/2 acre Zoning District. The proposal
is to construct a 42'x96' storage structure, which is in excess of the maximum for an oversized
. accessory structure. The structure is proposed at a location 23'from the property line and 26.2'from
the wetland. The structure is proposed at a height of 23'with 16'side walls. The principal residence
is approximately 16' in height. With the size of the lot, the property is limited to an accessory
structure of 1,421.4 s.f. , �
James Slechta said his intention is to move to his parents property to provide them assistance and
zequires the space to store his possessions. He has a building of similaz size now at a different
location.
There were no public comments. �
Schroeder was informed by Slechta that the building would be used to store his 35'boat,requiring
the heiaht of the building,his vehicles and other equipment.
Lindquist informed Slechta that the building size was too lazge. He noted there were already four
outbuildings on the property now in addition to the residence. A variance from both the street and
side setbacks aze also required. He asked what structure Slechta could obtain with meeting the
setbacks. Slechta said he could adjust the location but cannot reduce the size to 1400 s.f. Slechta
informed Schroeder that he did not intend to work in the building.
' � 24
. , : .
J MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON NOVEMBER 10, 1997
(#3 -#2279/#2280 Mazc and Tracy Whitehead-Continued)
Goetten asked�vhat the time lime is to accomplish solvina this issue.
Barrett said since the applicant's attomey suggested litigation,it can be discussed during
the executive ses:sion following the.public meeting. . . �
Jabbour moved, Goetten seconded,to continue the application to the Executive Session.
� Vote: Ayes 5,Nays 0.
� Barrett asked that the record reflect that the applicant and attomey left the meeting
before the Council was able to complete the discussion, and the discussion continued for
several minutes after the applicant and attomey left the meeting.
� (#=1)#2283 GARY AND BONIVIE BIRNBAUI�I,2695 KELLY AVENUE-
REYEWAL VARIANCE -RESOLUTION NO.39997-A �
� The applicants were present. � �
Van Zomeren reported that the application is a request for a renewal of a lapsed variance
from 1987 regarding two lots. The applicants reside on Lot 2 and would like Lot 1 to be
deemed buildable. Lot azea and lot width variances aze required for Lot 1. The approval
would also include a hardcover variance of 3.6%to allow 28.6%hardcover to remain on
• Lot 2�vhere 25%is allowed. �
Van Zomeren displayed a topographical map and located the building pad for Lot 1. She
reported that the issue at the Planning Commission was the sewer assessment that had
been paid by the applicant for Lot 1. Lot I is .52 azeas with.38 contiguous; 5,800 s.f. is
not contiguous. The Planning Commission with a 5:1 vote approved variances for lot
azea and width.
Mr. Birnbaum had no additional comments to make at this time.
Jabbour asked Barrett if the decision can be reversed when a lot is assessed a sewer unit
denotin?it a buildable lot. Barrett said, as a general rule,this allows a non-conforming :� .
lot to be buildable,but the underlying decision nzakuig sewer available tends to confimi �
a decision that the lot is buildable; though it might be found that the lot is unbuildable
and to set the record straight, the fee could be retumed. Barrett said this was not very '
practical,ho�vever.
Moorse cited an example with ta.Y forfeit parcels that aze non-conforming. If these
pazcels are retumed to the County,the City has informed the County that the lot must be
combined with adjoinin;lot and assessment is waived. Moorse said he did not know if
this relates to this particular application.
8 _
� � �. � .
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETI�(G HELD ON NOVEMBER 10,1997
(#4 -#2283 Gary and Bonnie Bimbaum-Continued) :
Jabbour noted that future Council's cannot be bound and expects that this lot is
buildable. He informed the Birnbaums that this decision was necessary to clarify the
issue. . :. .
. Kelley,while not su?gesting this occur in this application,said in takin8 a pro-active
stance,he would like Gaffron to review if there are lots tha Iho I�burse the sew�er
sewer and are unbuildable. The City can then make an off
. assessment before any application comes fon�ard on the property.
Kelley noted that the photograph of the properry depicts a fence and questioned it.
Goetten said she was on the Council in 1987 and had voted against the variance as the
zoning is one acre. She noted that while the lot is lovely,it should have been kept as one
lot. Goetten said any residence built on the lot�vill have to be a very small house. She ..
indicated that the lots on record are not adjoine azd.�Goett nreport d that she will sti11 .
sewer to Lot 1 and makes the property substand ,
vote aaainst the application at this time as she did so previously in 1987.
Birnbaum said he would take exception to Goetten's comments noting a 1500 s.f.
footprint could be built on the lot. As far as setting a precedence for other homes,
Birnbaum indicated that the size is the same as previouslY separe sed araae lots so they �
in the area are under one acre. Goetten inter�ected that tho P
present a different situation. She said she would not allow a new subdivision to make a
lot substandard.
Birnbaum said the plat occuned before regulations were in effect. Gaffron confirmed
that the lot�vas platted in the 1940's or 1950's, and the application in 1987 was for a
variance only. Birnbaum said the issue at that time was whether the lot was buildable.
Flint said he would not support the application based on the logic shown by Goetten
regardless of�vhat took place in the past. • -
Cook indicated the need for a 5' easement on the west side of the property for the piping
of drain tiles. Mrs. Birnbaum confirmed that there is a pipe runninD along that side.
� Kelley noted that this is not a part of this application. Jabbour confirmed that it would �
have to be settled with the City Engineer at another time.
Flint asked to be shown�vhere homes are located along the lake that are less than 1/2
acre. Staff pointed out a variety of lots on the plat map.
Peterson said she supported the application in 1987 because of the sewer assessment and
will be consistent�vith that support at this time.
. 9
; . .
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON NOVEMBER 10, 1997
(#4 -#2283 Gary and Bonnie Birnbaum-Continued)
Birnbaum reiterated that conditions have not changed since 1987 and findings aze
appropriate.
Jabbour said he would support the application as the applicant had been informed thelot
was buildable and sewer was assessed. He agreed that the property should have been
viewed differently when sewer was installed.
Jabbour moved, Kelley seconded,to approve Resolution No. 3997-A.
Kelley asked for discussion regarding the fence.
Jabbour asked the applicant if he would eliminate the fence.
Birnbaum said the fence is on City property and was there when he purchased his �
property. He noted the fence runs aloag the access road to the beach and would be a
safety concem with snowmobilers if the fence was eliminated.
Jabbour said he would support the fence as it is located on City property. He informed
Birnbaum that typically no fencing is allowed in the 0-75'lakeshore setback.
Vote: Ayes 3,Nays 2, Goetten, Flint. .
(#5)#2310 DICK BURY, CLASSIC CAR SALES,3850 SHORELINE DRIVE-
REQUEST FOR CLARIFICATIOl�'/FINDINGS OF SUBSTANTIALLY
SINIILAR USE
The applicant was present.
Kelley asked for definition of a classic car. Mr. Bury said the list is distinct and does not
change and includes cars built between 1925 and 1948.
Van Zomeren distributed photographs. She reported that the applicant is requesting
cl�cation of the intent and.purpose of the BS zoning district to find classic caz sales as �
a substantially similar use to others in the zoning district,specifically,an antique store or
a museum. The B-5 Zoning District is�a limited neighborhood busi.ness district. Van
Zomeren said in reviewina the list of permitted and conditional uses, Staff felt the use
�vould be similar to that of an antique store. The Planning Commission,however,voted
6-0 in denial of the application as they did not find it consistent and were concerned with
outside display and storage. Van Zomeren asked Council to direct Staff to draft a
resolution to approve or deny the request.
.
� l0
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