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Home My WebLink About#5361-variance/CUP-2005 � � �� '��_:- I'�Y �f ORC►1\T� � �� RESOLUTIpN OF THE CITY CQUNCIL � � G p� u� i� �� a �� IV�. :,r �' Ir`. �.� �kESI�i� A RESOLUTION GRANTING A LOT AREA VARIA�C� AND� CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-305 (B), 78-967 (B) (2), AND SECTION 78-1286 (D) (2) FILE NO. OS-3132 �'�i�12EAS, Bradley M. Jones and Cheryl A. Jones, husband and wife (hereinafter "the applicants") are t11e owners of the property located at 2545 North Shore l�ri��r_u?ithin thP (�;tv nf Clrnnn (hPreinaftPr thc_ "C�'itv"1 anrl l�oallv r�acrrihPrl ae fnlip�x,-�; . \"_'..""�.'_' l ..."... '..y "J See attached Exlubit A (hereinafter the "property"); and �'�'F�EREAS, the applicants have made application to the City of Orono for a lot area variance and a conditional use permit for fill in e�cess of �00 cubic yards per Orono Municipal Zonin� Code Sections 78-30� (B), 78-967 (B) (2), 78-1286 (D) (2) to a11ow construcrion of a new- residence on an eaistin� lot 1.� acres in total area with 0.92 acres considered dry buildable where 2.0 acres is nonnally re,quired, and to incorporate appro�iinately 900 cubic yards of fill into the street side of the property, but not impacting the wetland or 26' required setback. li'O�, T'HEREFO� �E IT' 12ESOI_,�D by the City Council of Orono, Minnesota: ��T��NG� l. This application ��as reviev,Ted as Zoiung I'ile OS-313?. 2. The property is located in the LR — lA, Zonin� District which requires a miniinum lot area of 2.0 dry acres and a ininimum lot width of 200 feet_ ±. T17e Plaiu�nb Commission revie��-ed this application at a public hearing held on Ju1_y 18; ?00� and recon�nended approval of the lot area variance and eonciitionai use perniit baseci on tne foilowinc findinas: PaUe 1 of 6 , � O� o O CITY of ORONO a -� � ti � G�' RESOLUTION OF THE CITY COUNCIL �`4kESH.�4� NO. � � �� '�. a. The lot is a legal lot of record created prior to adoption of the cunent Zoning Ordinance minimum area and width lot requirements. b. The former residence eaisted on the substandard area lot since prior to 1960. c. The proposed residence meets all other Zoning Ordinance requirements with respect to setbacks, lot coverage by structures, hardcover, and building height. d. The lot is provided with City sewer. e. The applicants are not able to acquire additional dry upland acreaje to meet minimum lot area requirements without making an adj acent property more substandard than currently exists. f. The request for fill in excess of 500 cubic yards will not impact the Property as viewed from the lake. g. The elevation which the fill is ultimately achieving already exists at the southeastern corner of the Property. h. Without incorporation of fill on the street side of the Properry, any attached garage would be set at a lower elevation than the main level of a home, requiring steps to the main level of the home; due to the reverse walk-out topographic configuration of the Properry, as it exists today. i. Neither the wetland body nor its required 26' setback will be impacted by the proposed fill. j. Neither the shared driveway nor the adjacent properties will be negatively impacted by the proposed fill. 4. The City Council has considered this application including the findings and recommendation of the Planning Co�runission, reports by City staff, comments by the applicants and the public, and the effect of the proposed Page 2 of 6 � o� 0 0 C ITY of ORONO a ; .f�: � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI��g'�G NO. � � � ' variance and conditional use pemiit on the health, safety and welfare of the community. 5. The City Council fiiids 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 and conditional use permit would not adversely affect traffic coilditions, 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 hardship 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a lot area variance and a conditional use permit for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-30� (B), 78-967 (B) (2), 78-1286 (D) (2) to allow construction of a new residence on an existing lot 1.� acres in total area with 0.92 acres considered dry buildable where 2.0 acres is normally required, and to incorporate approaimately 900 cubic yards of fill into the street side of the property, but not impacting the wetland or 26' required setback, subject to the foilowing conditions: l. Council approval is based on the site plan and grading plan submitted by the applicants and annotated b}= 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. Proposed hardcover for the 0-75', 75'-250', and 250'-500' zones shall remain confornling at 0%, 25%, and 30% respectively. Applicant is advised that any requests to increase hardcover beyond the allowable limits established in City Code Section 78-1288 shall require City approval, and will not likely be approved. 3. Applicant is hzreby advised that all decorative landscape beds on the property shall not be lined with plastic or fabric liner material to ensure their permeability as non-hardco`�er surfaces. Page 3 of 6 � o� 0 0 C ITY of ORONO ,� , � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsII��G NO. �' � � � 4. In order to comply with the Planniilg Commission's stipulation that the amount of fill brought onto the Property be monitored so as to ensure compliance with the approved grading plan, prior to any fill being brought onto the Property, the applicants or the applicants' representative shall ma1:e arrangements with the City's Building Official aaid/or Building Inspector with respect to monitoring and haul routes. 5. Authorities granted by this resolution run with the property not with the applicants, 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 conditional use permit will expire on that date (July 25, 2006). 6. 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. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 25�' day of July,2005. ATTEST: , . , �_, _ _.,__. : . r, a-�,,' ... p , r ! t i �J . :'._ a,/ . . s r � r. , a (,, ,�'' t , ,.�.�_. �.. Linda S. Vee; City Clerk Barbara A. Peterson, Mayor � , , � �" �'tl ✓ f � , � ,; ��,� , � � ? �. , .�', s ti� �u-�-- �� g`� .�„' ,� P operry Owne ) :_ " ,< . r _.,T� . Page 4 of 6 l 7 0� 0 0 � CITY of ORONO � ; � ti ti RESOLUTION OF THE CITY COUNCIL �L�9 p��'G NO. '�' � � � k'ESI; STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �3 day of �-�`��-�-.- , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrtunent was executed on behalf of the City. �=�= '"° ' r�-�`�'.�c�-" `;- ,�. w ��Y Notary Public � � tCRiSTi Q.ANDERS4N ��'a•�;�:; NG`fAR`1�UBLIC-MINNESOTA Y��;� �v�.;ommisaion Expires Jan.31,�7 i w'""''" , �,r�:,�;r.w,�- A,c� ��:::<;�:;. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged �before me on this t' �'� day of }-4� �_�._�:..,. ;�;; 2005 by Linda S. Vee; City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. "� �� r � �., RACHEL DOD�E � .� �: �?, :, '� � l ;. t „� . t �---�: , NOTARY PUBLIC-MINNESOTA NOta.T Public ' ' ;,,,:" My Commission Expires Jan.31:2010 �V y �_ � .. .. ..�?�::,�_•�^' Page 5 of 6 , � O� O O �� CITY of 4RON0 ,� .;- � ti �� G'�' RESOLUTION OF THE CITY COUNCIL L�kE3H.�4� NO. `�' �% � ,i� STATE OF MINNESOTA COUNTY OF HENNEPIN G -�, /� This instrument was acknowled�ed before me this '�� day of f-�2C��`��, 2005 by Bradley NI. Jones, husband of Cheryl A. Jones. .,.-, G3 F��„>�.,, RACHEL DODGE �`, �.- /,_'��. � /.._�.-C ��C"�� / �-- '� •�, . NC�TARYPUBLIC-M'�u,'d��f!f� �� .;,.;.� My Commission Expire: �,.n.:;1,<;'10 �'�'� Notary Public �,.. ":;c?�:c2'�:�"{ STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was acicnowledjed before me this_�(�day of ��,:,i :-;��`, 2005 Uy Cheryl A. Jones, �vife of Bradley M. Jones. ;�` ;' %' ; :�� ' tGr - ; � ��x. , . .. �-.�� , DENISE M.LESKlNEN ` :. , ;°:-- ,�, , , _ �;1_�_.�.�:__.._. _ NOTARY PU6LIC-MINNESOTA Notar PLibI1C �`�;;,,,;:� tdy Commission Expires Jan.31,2010 y .�, _,�::�<<<fi>:� Pa�e 6 of 6 � EXHIBIT A � � � .� All that part of Government Lot 5, Section 9,Township 117,Range 23, described as follows: Commencing at a point in the centerline of County Road No. 51,which point is 437.4 feet West of a point in the East line of Government Lot 5, , distant 1260 feet South of the East '/<coiner of said Section;thence Northwesterly along the centerline of said road a distance of 534.6 feet to the true point of beginning of the property beuig described; thence continuing Northwesterly along tlie centerline of said road to a point 265.25 feet Southeasterly measured along the center line of said road from its intersection with the West line of Government Lot 5;thence Southwesterly with an interior angle of 90 degrees and 41 minutes a distance of 435.7 feet more or less to a point in the West line of said Government Lot 5,said point being 507 feet South of the intersection of said West line witli tlie centerline of said County Road,said point also beuig on the shore of Crystal Bay,Lake Minnetonlca,thence Southeasterly along said shoreline to its intersection with a line drawn through the �ourt of beguuLing and foimuig an interior angle of 84 degrees and 29 mulutes witli the centerline of said road;thence Northeasterly along last desciibed line a distance of 435 feet,more or less tb the lnie point of beginrung. Subject to a peipetual easement for roadway purposes for ingress and egress, on and over a strip of land 7%z feet wide, abutting and adjoi.niug the Southeasterly luie of tlie above described prenuses on the West side thereof and commencing with the centerline of Couniy Road No. 51, and extendiug Southwesterly along the South line of the above described prenuses a distance of 300 feet. Together with an easement over,in and u�on a strip of land 7'/�feet in width adjoining the . above described easement along the Easterly side and lyi.ug Easterly of tlie above described Southeasterly boundary of the above described premises, conunencing with the centerline of Couniy Road No. 51 and nuuiing Southwesterly aloug said botuidary liue 300 feet for roadway puiposes and ingress and egress to said premises. Hennepin County,Minnesota � �x� �i 1� g � � � � 7 __� � i� �j . I �i � NOR TH SHORE DRI VE �' . .4�h �77.70 EDGE BIT ROAD , I I S 58°29'30" E � ` m I -�°� I + --- �- _� 4'�h �� -' ��_ � J fn W . I 7 > � 5 �~�� 10 30 60 90 I a�� I . o � �Ug--I V -r7 �SCALE IN FEET I �Z�� . I �} ^ [�a�) * = EXISTING SPOT ELEVATION. �„,a � ,� m HARDCOVER } �I �sowN � X(998.0) = PROPOSED SPOT ELEVATION ,� �o� N � (D W Q1 250+ (-ESMT&RD) � � = DIRECTION SURFACE DRAINAGE � � 275005F/0.63AC o X30%= 8250 SF HC IPROPOSED ELEVATIONS o GARAGE FLOOR=941.9 N DRIVE = 180 SF(0.6�) �TOP OF FOUNDATION =941.2 � N � � �LOWEST FLOOR=932.5 � g , v � I I 75-250 � A P P R O X. 9 0 0 Y D S F I L L R E Q U I R E D o � �I� m + 26915SF/O.6AC(-1/2ESMT) � � , n (VERIFY� o qj �1� X25r=6729 SF HC � 0 �� BENCHMARK � 26 a � � � � Q I I " O HOU S E = 3 8 3 0 S F(7 4.2�) � I TR SAN MH � �,� Z ' � � � PORCHDK = 400 SF E L E V = 931.1 / � � r � � \ �I� WALK = 36 5F � 250 SE7 8.4 C K E° iQ�P r � Q I� O c �1 I C O N C P D S = 3 6 S F 4 h y < I I DRIVE = 2330 SF � �Y � ' .r � � � � 'I RET WALL = 65 SF W PS ry��' ¢ Z O TOTAL = 6720 SF(2?.9�) � � S�p�jO � _ „ m h � r-�j m � � ADDRESS r�j ' I �c�'�E o y ry �,O',�- .� o p Q � I � ' m 2545 NORTH SHORE DR � s 4 ° PID� 09-717-23-41-0003 o I/ L � �c I r-� I � N / 3 ^ m u� �'�Q�� DESCRIPT�ON: � o�� y'ti1 _ „`"� . � ' i IPT OF EC. 9, T.117, R.23 � � � ^� 4'� O1 �"g LYING SEL OF NWLY 50 FT � I a'9 q: Q�o� � x ' q}a � in ��ls � FROM A PT N CL 437.41 FEET "? + } �, p� ��' o �� SELY FROM LINE GOVT LOT 5 ,"� � �, y�P�,N `� � s3z y na HENNEPIN CW Y, MN. I ry�� m�" o ��`�� ISURVEY IS SUBJECT TO ^' � � 9� ��` 7�575 �� .� � CHANGE PER TITLE OR F, N � �� EASEMENT INFORMATION T �6" '4•� } QQ-� \� 30.4 � ,� � w ' � < � G 24 O 2.5C� x ' � � �'" 5F� F,'1-��'�P�'� � o+ � (�P�'�0 05� °j m c`°nQ'R N � �� }��`<¢ � I � GP, � t�[� N� OQ O �7N `l-N y g �' �Y S � � � �� '� 9.23 1.0 N °% 1.0� 7.2 ��ry � O a O 07 } 9 20.0 �i I� '� n �u7 ',? �^�`" tO 45.OTFE=941.2�n °' �� 20. PROPOSED °' o � �° ` � H�USE �" � b �4 � � n �'' "' N o LFE=932.5 �n �`a 0 �ry } � 4t. � �i� t0.0 16.44 c�i12.0 46.0 �8.0 cO 74.66 30. I. G - i7 � C� o R o � - \�G ��SOJ�' . y 29-3 � 15O 28.5 - } � y��jOJc�{c. .�, ye �ry� 'I I CK �. . I � - - _ _ � m oi} �I �0 4 �+r �� I �I } �nl �+h _ o o � q °" n °' - T � °' � �h~ � h? _ - � ADJ�OUSE SETBACK I `42 I _ - � _ m � �� I y,0� ' m' � I � ^. 1 ry I + '`� }°'� 4 n I ro I h. ry. ' h i,ary e� 7 D �• � ~ . } I I � }�ry� � � �4J.4U ry I 4 0�5� �� w �i �' � �Y'' y� 'ry� J2 }�'� a I SHOREI_INE 6/18;QS �H�✓ 929.4 � 9z9.e LAKE MlNIVE�TONKA �ti�� --