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HomeMy WebLinkAbout#5553-variances/lot line re-arr-2006 p. t 7 25 AJ#V�h S by A RESOLUTION GRANTING SUBDIVISION OF A LOT LINE REARRANGEMENT, STREET VACATION AND VARIANCES FOR PROPERTIES LOCATED AT 4725 AND 4731 NORTH SHORE DRIVE -FILE NOS. 06-3234 & 06-3235 Y STATE OF MINNESOTA ) ss COUNTY OF UENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnes ta, certifies that I compared the foregoing resolution adopted at the meeting of the Drono City Council on December 11 ' 2006, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 15th day of December , 2006. it Clerk (seal) w k i • g CITY ®f ORONO ti ti RESOLUTION OF THE CITY COUNCIL C� �`9kESHOg� NO. J 5 A RESOLUTION GRANTING SUBDIVISION OF A LOT LINE REARRANGEMENT, STREET VACATION AND VARIANCES FOR PROPERTIES LOCATED AT 4725 AND 4731 NOR'T'H SHORE DRIVE -FILE NOS. 06-3234 & 06-3235 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic, and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement and other approvals by Hessburg Development Corporation, a Minnesota domestic corporation (hereinafter the developer); and Dennis A. Meyer, a single person, and Gerda M. Henry, a single person (hereinafter the "owners", and collectively with the developer referred to as the "applicants") for properties legally described as: Attached as Exhibit A(hereinafter"the properties"); and WHEREAS, the properties consist of 3 separate parcels owned by the applicants and that part of Lake Street as shown on the survey attached hereto as Exhibit A, and identified as Hennepin County PINS 07-117-23 32 0016, 07-117-23 32 0017, and 07- 117-23 32 0018; and WHEREAS, the applicants have submitted a comprehensive application for redevelopment of the properties, incorporating the following elements: 1) Vacation of the portions of"Lake Street" as dedicated in the plat of Bergquist & Wicklund's Park in 1888, lying between the extended northwesterly line of Lot 6, Block 5, Bergquist & Wicklund's Park and the extended northwesterly line of the southeasterly 14.0 feet of Lot 4, Block 5, Bergquist & Wicklund's Park; and 2) Combination of the easterly two parcels, followed by a metes and bounds relocation of the common boundary between the westerly parcel and the combined easterly parcels, to result in two new parcels to be referenced herein as Pace 1 of 9 A • a AN CITY of ORONO RESOLUTION OF THE CITY COUNCIL SI;04� NO. 5 5 5 i Parcel (the new westerly parcel, to henceforth be addressed as 4731 North Shore rive} and Parcel B (the new easterly parcel, to henceforth be addressed as 4725 N rth Shore Drive); and i 3) A requ�st for the following zoning variances for development of Parcel A: a. Lot area and lot width for a property 0.26 acres in area and 60' in width where 1.0 nacre and 140' of width is normally required; and b. Sid! street setback to allow a 13' setback from the adjacent unimproved right- of-Way where a 35' setback is normally required; and C. A4' setback from the top of bluff where a 30' setback is normally required; an d. A 5' —250' hardcover variance to allow 2,132 s.f. or 30.3%hardcover where 25�o is normally allowed; and 4) A req est for the following zoning variances for development of Parcel B: a. Lot area and lot width variances for a property 0.32 acre in area and 70' in width where 1.0 acre in area and 140' in width are normally required; and b. A rear yard setback of 21' where 30' is normally required; and C. A 75' — 250' hardcover variance to allow 2,878 s.f. or 34.5% hardcover where 25% is normally allowed; and WHES EAS, after due published and mailed notice in accordance with Minnesota Statutes 462.558 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planrn Ing Commission held a public hearing on October 16, 2006 and November 20, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHiRF,AS, the applicants have completed or have agreed to complete all requirements for the City for metes and bounds subdivision of a lot line rearrangement for division land combination purposes, resulting in the relocation of the common lot boundaries between the properties, as shown in the survey attached as Exhibit A resulting in new legal descriptions for each as shown in Exhibit A; and `'VHREAS, at their regular meeting held on December 11, 2006, the Orono City Council con idered the proposed subdivision of a lot line rearrangement; the proposed street vacati n; and the requested lot area, lot width, side street setback, rear yard setback, bluff setbacl and hardcover variances, noting the following findings of fact: Page 2of9 CITY ®f ORONO ti ti RESOLUTION OF THE CITY COUNCIL SI30 NO. J 5 5 4� a 1. The properties are located within the LR-1B, One Family Lakeshore Residential Zoning District requiring a minimum of 140' in lot width and 1.0 acres of contiguous dry buildable land within each newly created lot. 2. The proposed lot line rearrangement and street vacation encompasses three residential lots and a part of vacated Lake Street, containing a total of 0.58 acres of land. 3. Upon completion of the lot line rearrangement, 4731 North Shore Drive will contain approximately 11,553 s.f. (0.26 acres) and 60' in defined width which will continue to be nonconforming with respect to lot area and lot width within the LR-1B, One Family Lakeshore Residential Zoning District. 4. Upon completion of the lot line rearrangement, 4725 North Shore Drive will contain approximately 13,927 s.f. (0.32 acres) and 75' in defined width which will continue to be nonconforming with respect to lot area and lot width within the LR-1B, One Family Lakeshore Residential Zoning District. 5. But for the availability of all three parcels for combination/division at the same time, it is probable that attempts would be made to redevelop each of the three parcels individually, or at least to redevelop the westerly parcel separately from the easterly two parcels, resulting in the need for greater variances and less flexibility of site design due to the narrow, steep nature of the lots. The opportunity to require a shared driveway access would also be lost. Additionally, because two of the parcels have been assessed for and provided with municipal sewer, and have been developed with single family residences for many years, it is unlikely that the City would deny variances for a total of two homes on the three parcels. The proposed combination/subdivision results in two lots that can be developed more efficiently than if such a re-arrangement was not occurring. 6. The City Council finds that the vacation of a portion of Lake Street as proposed is in keeping with the public interest and not in conflict with the provisions of the Orono Community Management Plan in consideration of the following findings: Page 3 of 9 ® CO) CITY of ORONO RESOLUTION OF THE CITY COUNCIL a�. The portion of dedicated right-of-way to be vacated has never been improved as a public roadway. The right-of-way to be vacated consists of land abutting the lakeshore and contains slopes ranging fiom 40% to 70% with no terracing at the shoreline, and is at the base of a protected bluff. Therefore, the area to be vacated cannot reasonably expect to be developed for any public use, but has value only to the immediately adjacent uphill property owners as access to the lakeshore. Unlike the portion of Lake Street intersecting the nearby unimproved extension of Adams Street within the plat of Bergquist and Wicklund's Park, the portions to be vacated do not serve as a public drainageway nor as potential future access to the lake. Therefore, vacation of said right-of-way will not eliminate access to any adjoining or nearby properties, nor will it limit or eliminate access to Lake Minnetonka or any other public amenity. Further, the remoteness of the said right-of-way makes it inaccessible for lakeshore bank maintenance should such bank maintenance become necessary, which could be more easily accomplished by the immediately adjacent uphill owners. c. Utility companies have been notified of the proposed vacation and none have requested that easements for utility purposes be retained. d. The City does not intend to use the portion of right-of-way to be vacated for any public purpose. 7. The side street setback variance for Parcel A is justified because the side street is an undeveloped right-of-way. This undeveloped right-of-way is used for purposes of drainage and it is unlikely that it would ever be developed. Further, this side street setback variance allows for an adequate driveway and parking area for Parcel A without interfering with the functionality of the shared driveway. 8. The bluff setback variance for Parcel A is justified by the steepness of the topography over the entire lot. The encroachment into the 30' bluff setback is reasonable and is the minimal necessary to make the site grading work. Page4of9 ® , o CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCI L � G SQ4� NO. kE �3. 9. The hardcover variances for Parcels A and B are justified because the size footprints proposed are not out of character with the neighborhood, and do not exceed the structural coverage limits for the properties. 10. ` The rear yard setback variance for Parcel B is reasonable as it was necessary to push the home out of the bluff setback area, and there is a need for adequate off street parking in front of the garage. Additionally, the 3rd stall of the garage is reasonable as there is a need for additional storage within the garage. 11. Due to its steep slope the shared driveway should be heated in the winter months to allow for a safer entrance into the property. The developer has agreed to this being a requirement of the development approval. 12. Because the subdivision is a lot line rearrangement and is not creating a new buildable site, no park fees will be due. Additionally, the properties are not subject to Storm Water and Drainage Trunk Fees. 13. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner, the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 14. The City Council funds that the conditions existing on the properties are peculiar to them 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 and owner, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the owners and applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. NOW, 'THEREFORE, BE IT )RESOLVED, that the City Council of the City of Orono hereby grants the petition by the applicants for vacation of the herein identified portion of Lake Street, subject to the vacated portions being legally combined with the appropriate adjoining tax parcels; and Page 5 of 9 CITY ® ORONO G RESOLUTION OF THE CITY COUNCIL SYi10, NO. FURTHER BE IT RESOLVED, that the Council of the City of Orono hereby approves the lot line rearrangement of the above referenced properties of the applicants as shown on th certificate of survey by Demars Gabriel Land Surveyors of Plymouth, Minnesota, dat d November 1, 2006, as attached in Exhibit 'W', subject to the following conditions and eclarations: 1. Prior toiI release of this resolution-for filing, the applicants shall provide a title opinion for the properties confirming ownership and encumbrances, to the satisfaction of the City Attorney. I 2. The of resaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registr of Titles Office on or .before June 11, 2007 together with a certified copy o this resolution. 3. Theap royal granted by this resolution shall expire if the division has not been filed b the date specified above. In that event, it will be necessary to file a new applic ion with the City of Orono for subdivision review. FURT ER BE IT RESOLVED that the following variances are hereby granted in conjunction with the vacation and lot line rearrangement approved herein: i 1) 4731 North Shore Drive is granted the following variances in accordance with the approveduilding plans attached as Exhibit B: a) Lo area and lot width for a property 0.26 acres in area and 60' in width where 1. acre an140' of width is normally required; and d b) Si e street setback to allow a 13' setback from the adjacent unimproved right- of way where a 35' setback is normally required; and c) A j24' setback from the top of bluff where a 30' setback is normally required; and d) A175' —250' hardcover variance to allow 2,132 s.f. or 30.3% hardcover where 21% is normally allowed. 2) 4725 No h Shore Drive is granted the following variances in accordance with the appfovedl building plans attached as Exhibit C: Page 6 of 9 0 r CITY of ORONO A ti ti RESOLUTION OF THE CITY COUNCIL G -, ESi30 NO. J 5 . a) Lot area and lot width variances for a property 0.32 acre in area and 70' in width where 1.0 acre in area and 140' in width are normally required; and b) A rear yard setback of 21' where 30' is normally required; and c) A 75' —250' hardcover variance to allow 2,878 s.f. or 34.5% hardcover where 25%is normally allowed. The lot area and lot width variances granted above shall be considered as running with the land in perpetuity but shall not take effect until such time that the lot line rearrangement has been recorded and approved by Hennepin County. The setback and hardcover variances granted above are approved in accordance with the following provisions: 1. Council approval is based on the site plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits B and C. Any amendments to the site plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Variance authorities granted by this resolution run with the properties not with the applicants or owners, but are permissive only and must be exercised by obtaining building permits for the new constriction on each lot within one year of the date of Council approval, or the variances will expire on that date (December 11, 2007). 3. No building permits for construction of new residences on Parcel A and Parcel B shall be issued until the vacation and lot line rearrangement have been recorded and approved by Hennepin County. Applicants are advised that individual surveys for each Parcel shall be required in order to obtain building permits for individual Parcels. 4. The Developer shall provide a heating system within the driveway for safety purposes. 5. 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. Page 7 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL SH04� NO. 5 v.. 6. The undersigned applicants have read, understand and hereby agree to the to s of this resolution and on behalf of the applicants, the owners, and the app icants' and owners' heirs, successors and assigns, hereby agree to the rec rding of this resolution in the chain of title of the respective properties and Par els. Adopte by the City Council of the City of Orono,Minnesota at a regular meeting held this 11t' day of December, 2006. ATTEST: Lu da S. Vee, City Clerk Barbara Peterson,Mayor Alp Applicail Applicant STATE OF INNESOTA COUNTY 0 HENNEPIN The oregoing instrument was acluiowledged before me on this i`i day of i` -'r LL1:L 2 06 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal co poration and said instrument was exec4ted on behalf ofthe City. � ? NOT,RY PUBLIC-WITINESQTA � ' � r}1a n:uss cn�xpi .s Jan.31,zoo Notary Public Page 8 of 9 CITY oORONO ti ti RESOLUTION OF THE CITY COUNCIL SI't0g�G NO. J—r 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this %_g day of 2006 b Linda S. Vee Cit Clerk of the Cit of Orono a Minnesota y y Y municipal corporation and said instrument was executed-ou4ehalf of/Cie City. LES1CINi N d DENISE M. NOTARY PUBLIC-MINNESOTA y My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was ackno edged before me this 43 day of �� �, 2006 by La.W �� JP.�o� , the for Hessburg Development Corporation, a 6ialomestic corporation, on behalf of the corporatio r Llkc BARBARA G. SILL STARY PUBLIC.MINNESOi Aommission Expires Jan.31,20,08 a' Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this J,3 day of C?GE!h46f, 2006 by Dennis A. Meyer, a single person. , BARBARA G. SILUS r NOTARY PUBLIC-MINNESOTA y Notar Public My Commission Expires Jan.31,2008 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 1-3 day of e(fe&e.ic , 2006 by Gerda M. Henry, a single person. SUST y ftk Notary Public arm My CW=.Expka Jar►31,2010 Page 9 of 9 obi o g�sQ i �, o e44i'akkQ 1.U, to m cqn� Qt ©lb k � o.zZ by b C 1 •'mac ''ti p ��� �4 S � s�e�' � �g 1i' � � •4 o a La O " m , � Oro , ► free` � � � �� o m Y � I ► 1 m N d fi ► I I f J IIT 36'00'00" E e h g b I 150.00 p o ( $ o / � m$y ► � 1l 11 �! �n t•r 5 Xp/ Q� 4400(G9e� �� CT " � I I l �� �/ �N� � � g � �..;• 1 � � �At +. ill � � ��� �� ° � �°� `"� 11 �'`� :• � ` � � � � ss . �°� a e S 1R, �( J •'��� � rb a (s ,v'� p ���a I� 1`\1•.•� uS �� `m0elk olkmT� •\!17 g ti�6. 194.95 h* oI 11 ill/L � 36°00'00°' '$ �5�6 b�� ` \ ".RS( / ( ��---�-C -- 6- 14 -V ° to Ln vj OM MOROMl AVE rad KEYLENori KCHMELP.,MN 0542!C All r I IT AME o,IS MN ♦ II I NOWJ tee! in IM Unc .----•�_, .,��'�•e��e'..m��;r��,. 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