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Home My WebLink About#4871-variances-2002 � , S � O� O �,' O ��,. � C ITY of ORONO ,� �, �:�. � . � � � '"3�� G~' RESOLUTION OF THE CITY COUNCIL �'�`q � �'�' N O. � � � kESH A RESOLUTION GRANTING VARIANCES TO MiTNICIPAL ZO1vING CODE • SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.61, SUBDIVISION 5 (A) FILE NO. 02-2813 WHEREAS, Mark Welch, (hereinafter "the applicant") is owner of the property located at 3625 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 9,Auditor's Subdivision No.273,Hennepin County,Minnesota(hereinafter"the property"); and `VHEREAS, the applicant has applied for variances to Municipal Zoning Code Section 10.22, Su'odivisions 1 and 2,Section 10.55, Subdivision 8 and Section 10.56,Subdivisions 16 (L) 1 and 2 to permit 680 s.f. (18.1%) hardcover in the 0-75' lakeshore setback where 660 s.f. (17.6%)hardcover exists and no hazdcover is allowed, and to permit 884 s.f. (51.6%)hardcover in the 75-250'setback where 932 s.f. (54.4%)hardcover exists,not including the shazed driveway,and 428 s.f. (25%)hardcover is allowed;Section 10.25,Subdivision 6(B)to permit new construction on the lot with a defined lot area of 5,462 s.f. where 21,780 s.f. is required and a lot width of 50'where 100' is required and to permit a side yard setback of 5'for the house where a 10'setback is requued; and Section 10.61,Subdivision 5(A)to permit one off-street parking space to be located 3'from the adjacent property line where off-street parking in"R"districts where a 10' setback is required;and WFiEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zo:ung and Planning Codes, the Orono Planning Commission held a public hearing on August 19,2002,at which time all persons desiring to be heard conceming this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 8 • �� I • , �O� O O � CITY of ORONO ,� . ,.._ � � . ti �� G~' RESOLUTION OF THE CITY COUNCIL `9k'E3I'i�4 NO. 4 � "� �. FINDINGS � . 1. This application was reviewed as Zoning File#02-2813. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot width. The property is 5,462 s.f.(absent the traveled portion of the shared driveway) and has a lot width of 50'. . 3. The Planning Commission reviewed the application for variances and recommended approval of a revised plan by a vote of 7 to 0 based on the following findings and hardships: A. On February 25, 2002 the City Council adopted Resolution No. 4763 approving variances to permit new construction on the property. B. The applicant had submitted a new variance application on July 16, 2002 requesting two changes to the�site plan approved per Resolution No.4763: a) To permit the southwest corner of the house to be shifted 1'towazds the west side property line. _ b) To permit a 4.5' prow and 5' eave addition to the lakeside of the residence. C. The City of Orono has routinely granted variances to lot azea and lot width for redevelopment on non-conforming lots in the City. The property does meet the criteria that is normally considered when reviewing such proposals. The properry is connected to sanitary sewer and the house would be located in an area above the regulatory flood plain. � D. Overall hardcover on the property would decrease. E. The land elevation is about 4' higher than the ordinary high water level of Lake Minnetonka. The lot cannot accommodate a basement. F. The new house is proposed to be located 53'from the lakeshore where a 75' setback is required. Both adjacent houses are within 50'of the lakeshore. Page 2 of 8 � , I 1 � O� O O � CITY of ORONO ,� , ;. _ � �� ' � G'�'� RESOLUTION OF THE CITY COUNCIL L`�kEsKo�`'� rvo. 4 � '� � G. The proposed house cannot meet a 75' setback due to the location of the shared driveway access on the property. The house is located to within 2'of the edge of the drive. H. The 5' side setback has been requested to provide one additional parking space on the property. The Zoning Code requires residential properties to have 2 off-street parking spaces. To accommodate a second parking space next to the house, a side setback variance is required because the house is shifted towards the west side property line. The parking stall must be located between the house and side property line due to the shared driveway located behind the house. The driveway is narrow and permanent parking within the � driveway area would block through traffic. � I. No parking is available on the opposite side of the shared driveway as the land immediately begins to rise to the elevation of North Shore Drive. J. A typical parking space in a commercial area is 9' X 20' in size. The proposed parking area would be approximately 10'X 20'. K. The Planning Commission advised the applicant the house should be designed to meet the minimum 50'lakeshore setback as generally advised by the DNR and not encroach any further into the shazed driveway than the existing house is located. Locating the house any closer to the lakeshore or into the driveway would set a negative precedent for redevelopment of the properties located on the shared driveway. Any building in this neighborhood within 50' of the lakeshore would not be consistent with the policies established by the City for lakeshore development. 4. THE CITY COUNCIL HEREBY MAKES THE FOLLOWING ADDITIONAL FINDINGS: A. The City Council finds the driveway width shall not be encroached upon to allow adequate area for emergency vehicle access to all properties served by the driveway. Any encroachment would eliminate parking spaces and reduce the traveled width. It is the position of the City of Orono that the entire driveway shall be encouraged to have an improved width of 24'. 24' is the standard minimum paved width for a private road. Page 3 of 8 � , � � O _Y O O CITY of ORONO � - �. � _ ti ti RESOLUTION OF THE CITY COUNCIL �� , 4�G � � kESI'i0 NO. _ � � - B. The lakeshore setback has been established by the location of the existing houses on the adjacent lots. The proposed location of the applicant's house, although not 50' from the lakeshore, is consistent with the development pattem of the neighborhood. The fact that the private driveway crosses this lot and adjacent lots requires the concentration of development to be within 75' of the lake. C. The proposed size of the house is less than 1,500 s.f. 1,500 s.f.is the allowed size for structures on this property. The Council determined a 1,500 s.f. - building is too lazge for this property based on the magnitude of hazdcover and setback variances that would be needed, but the 1,241 s.f. proposed building is consistent with the development patterns of this neighborhood. D. The fact that a shared driveway is located on this properiy is unique to this neighborhood. The driveway divides this property and adjacent properties, and thus reduces the buildable portion of the lot. The driveway cannot be relocated to allow any buildings further from the lakeshore due to a steep grade that exists to accommodate the approach for the channel bridge. Any relocation of the private driveway further to the north would require removal of large amounts of the hillside and installation of retaining walls and , additional hardcover on the property. It is concluded the best option to protect the County Road and the lake(by not allowing additional hardcover) is to allow the house to be located closer to the lakeshore. E. The variances are justified as the private road shall be left in its current location while encouraging an unproved width for the entire driveway of 24'. 5. The City Council finds that the conditions existing on this property aze peculiaz to it and do not apply generally to other property in this zoning district;that granting the variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard or other danger to neighboring properiy;would not merely serve as a convenience to the applicants,but is necessar�to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial properiy right of the applicants;and would be in keeping wzth the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 4 of 8 • , , ► � O� O O � � . CITY of ORONO ,� �� .. � ti �� G�' RESOLUTION. OF THE CITY COUNCIL `�kEsKog' NO. _ 4 � a� � 6. 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 welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findin�s,the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8 and Section 10.56,Subdivisions 16(L) 1 and 2 to permit 680 s.f.(18.1%)hazdcover in the 0-75'lakeshore setback where 660 s.f.(17.6%)hardcover exists and no hazdcover is allowed,and to permit 884 s.f.(51.6%)hardcover in the 75-250'setback where 932 s.f. (54.4%)hazdcover exists and 428 s.f. (25%)hardcover is allowed(hardcover does not include the shared driveway); Section 10.25, Subdivision 6 (B)to permit new construction on the lot with a defined lot azea of 5,462 s.f. where 21,780 s.f. is required and a lot width of 50'where 100'is required,and to permit a side yard setback of 5'for the house where a 10'setback is required;Section 10.61, and Subdivision 5 (A)to permit one off-street parking space to be located 3'from the adjacent property line where off-street parking in"R"districts is required to be set back 10', subject to the followina conditions: 1. The existing shed and all hardcover proposed for removal shall be removed prior to issuance of a Certificate of Occupancy for the new residence. 2. Gravel shall be removed from the parking area to leave a minimum 3'setback to the property line. 3. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. 4. The property shall be developed in conformance witli the site plan attached as Exhibit A. 5. The existing arborvitae beriveen the applicant's lot and the property to the west shall be maintained to ensure adequate screening between the properties. 6. Authorities granted by the variances run with the property not�vith the applicant,but aze permissive only and must be exercised by application for a building pemut within one year of the date of Council approval, or these variances will expire on that date (October 14, 2003). Page 5 of 8 • , . , y � O� O O � CITY of ORONO ,� - ., �. . ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo� ruo. 4 � '� �. 7. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read,understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held�on the 14th day of October, 2002. � ATTEST: � v.� �� Linda S. Vee, City Clerk Bazbaza A. Peterson, Mayor _��.,�� Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN _ The foregoing instrument was acknowledged before me on this 14th day of October,2002 by Bazbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , � , �,+�.�,� � c� �,_.�_ o rh,�..� �J Notary Public � ALISSA A.WINTERNHEIMER NdTARY PIIBUC-A�IVI�SOTA My Comrt�sion Expites Jaa 31,2006 �, �.c. cv_._.�.._._. . ...._._. . . Page 6 of 8 • , .. , . � O� O O � CITY of ORONO ,� . ,.. � ti ��L �G~' RESOLUTION OF THE CITY COUNCiL �kESII04' NO. � � � '�' .. STATE OF MINNESOTA COUNTY OF HENNEPIN T � foregoing instrument was acknowledged before me on this � day of �11e�z, 200 Z 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. ,,:=-..�: , .��:�� S�� RACHEL DODGE ' n /� ,-, , � � ` � NOTARY PUBUC-MINNE^OTA �j�CL C-�--2�-� //GC�'� ��31'� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of�c77�,�l� , 20 C12, ��t�l� � . lC,��c� personally appeared before me, who is personally known to me �G whose identity I proved on the basis of /V(A1 �L whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/ e/they executed the same as his/her/their free act and deed. � Not � STATE OF MINNESOTA �::;;ISE M.LESKINEN COUNTY OF HENNEPIN NOTARYPUBUC-MINNESOTA , h7yr Commission Expires Jaa 31,2005 On this day of , 20_, �� personally appeared before me, who is personally lrnown to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 7 of 8 ' '' ` �� 'CERTIFICATE OF SURVEY FOR Exhibit a �RO�� iV� 1V� A R K W E L C ]f� 3�a s ,,,,�.-�� N . : .1N LOT 9, AUD. SUB. N0. 273 �� . � � �r � HENNEPIN COUNTY, MINNESOTA . . � � _. --�� -�p � R D � N�. 51 _�'^..� TN ERLPIE 0� TRAVEI: i • � . _ �T�Ro�WAY.`...4. �NORTH SHORE DRIVE �..:•s°ur"e°`�oF , �=02°5��„0.:»:R=987.68 �=50.0 L=49.80� a'.,.;�o ts:_ .,� ��o��i) / _ � 't � , � � SIT"r.FLAN _ G�i°,G!�ti,PL!;tJ r -----�----� G`APPF:G'icD-N�w ttEs i �-------- 'pRIVEY�AY i r{;!'�'�iic:�'':cU W'iTl'1 itc�".'.ii�:;`:� ' � GRAVEL � �S ❑Ci�S�I�r�L7`�i'� 93lA) s i �� 1 gY � ro ee -- Z ; �o�o� � ' � DATE �o-► oz � �t: � D � �' ! • ' ' �o :�-- "_ �� auvc�no N i � � (n �+ i' ` •,!��,.i p V �f 1 f 1 �q� � . �� O �'_� �' RP O 1�Pd;SED�� ;* � �'rwc , � c.n � � �JL-- � cn �asTw�._ ��HQUSE '�� m HousE __.._....... � �o� .._. .....�u_ � VED� � ' ��i i � � Q; � }�' N ` ,,�� ` ';�.'.�:._�. W EXISTWG % �s.�e �'' (+.�) .� � HOUSE '° ` �,� 0� ' _ 93}-�:%'�_ ,� i�' 'fya=.t) , .. .; � �`2J1 ' i' i �1 t � �� (w:.6) � ! �� ' � �'; `; SURVE s PROPOSED ELEVAT I ONS : � ' ; LINE'•..••� �''� . Pa0ao5Eo j' ,.a'"^�-;:"'�� ' OkAeJGACE°Y'``•"'2'; 1) Garage = � . Jf :.='AN� UTLITY�.� j �� ? ' EASEMENT$�� 5�� tW i � 2) First floor = � . 7g°,fk � �*"`�' v 4 ' S -49<�� ,. . ��'�.. ,., :_ � � •. .� — 0�=��—�.'�s�:s��. �• LEGAL DESCR I PT I ON OF PREM I SE : �A K E ^` �929.4 CONTOUR LINE Lot 9, Auditor' s Subdivision No. 263 �I N N E T 0 N K A o : denotes i ron marker CRYSTAL BAY (908.3): denotes existing spot elevation, meon sea level datum � r /io/eltd ., i. .. .. .. , ----9i0---: denotes existing contour line, mean sea level datun �_ , ., ��.�ere.t .• ,. ,. .. ,. „ Bearings shown are based upon an assumed datun. . This survey intends to show the boundaries of the above descri�b�ed ,. �' property, the location of an existing house and shed, the proposed � location of o proposed house, and the location of all visible "hardcover" thereon. It does not purport to show uny other improvements or encroachrrients. NOTE: For purposes of this survey the North property line is shown 33 feet south from the centerline of travel for North Shore Drive. Verify title information for any road easerrients thot exist. �M1re�r arcry nio�Ui:srver.os ae�ed by me a uda r�&«t sw«- scn�E� GRONBERG dt ASSOCIATE.S,INC. ��►a,a in�i�a mr��i��a�i�ma��,a s�y«�a« t =zo cQatn+c�UUD S�R9Emt�91E RMfFRs �'e bxs o� tne state or Irfvnaota. t—to—o2 ►.s.0�osw�ous avRo 445 R MLLO�QEVE LQIIi llU�YL li�6 �a+-0r+ausc a oosin�M,r.�o Ji'��5i� .roe rw. �"��141 02-0048 ceo masav�svo NQk S.Cronber A6mesolo lK Nur�t+er 12755 02-0048