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HomeMy WebLinkAbout#6206-variances-2013 t Doc No A09938685 Certified, filed and/or recorded on 4/12/13 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 957359M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. O O CITY of ORONO �! RESOLUTION OF THE CITY COUNCIL NO. 6 20 6 ��'kESIiOg� A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-330 AND 78-1279 FILE NO. 12-3582 WHEREAS, BWB Holdings, LLC, a Minnesota Limited Liability Company, (hereinafter"Owner") is the owner of the property located at 4731 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Lot 6, and the northwesterly 10.00 feet of Lot 5, Block 5, Bergquist & Wicklund's Park, and that part of vacated Lake Street lying between the southwesterly extensions of the northwesterly line of said Lot 6 and the southeasterly line of the northwesterly 10.00 feet of said Lot 5, Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, Colson Custom Homes, LLC, a Minnesota Limited Liability Company, (hereinafter the "Developer") has an interest in the Property; and WHEREAS, the Developer has made application to the City for variances to Orono Code Section 78-330 to allow construction of a new residence on a lot with an area of 11,752 feet (0.26 acres) and a defined width of approximately 60 feet where 43,560 square feet (1.0 acre) and 140 feet of width are normally required; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(2) to allow construction of a new residence 12 feet from the top of bluff where a 30 foot setback is normally required; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(2) to allow construction of an elevated deck 2 feet from the top of bluff where a 30 foot setback is normally required; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(3) to allow the proposed home to encroach 10 feet into the 20 foot bluff impact zone; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(3) to allow the proposed elevated deck to encroach entirely within the 20 foot bluff impact zone; and WHEREAS, the Developer has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow a 10-foot side street setback for the home from the adjacent unimproved alley right-of-way and a 10-foot setback from said Page 1 of 6 O O CITY of ORONO At RESOLUTION OF THE CITY COUNCIL NO. 6 20 6 SH0 alley for a lake side deck where a 35-foot setback from the alley is normally required in conjunction with the construction of a new residence; and WHEREAS, in order to accommodate the proposed house location the grading of a swale is proposed on the bluff, down slope from the top of bluff in order to manage the stormwater on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 22, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3582. 2. The Property is located in the LR-113 One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearings held on January 22 and February 19, 2013 and recommended approval of the variances based on the following findings: a. The Property contains 11,752 square feet (0.26 acre) in area and has 60 feet in width at the OHWL and 60 feet in width at the 75-foot lake setback. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area or lot width into conformity. d. Similar variances were granted by the City of Orono in 2006 by Resolution No. 5553 in conjunction with a lot line rearrangement application. Those variance approvals have zince expired. e. VVith the exception of a greater setback variance request for a 10-foot setback from the alley (13-foot setback was granted in 2006), the Developer's Page 2 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6Q6 �kESii0g� proposal is generally consistent with the plans as approved by Resolution No. 5553. f. At 24.6% of the gross lot area the proposal conforms to the hardcover limitations for a Tier 1 lot. g. The topography, the adjacent undeveloped alley, the shared access and shape of the Property create practical difficulties in locating the home in a conforming location. h. The Planning Commission recommended the patio and deck location be revised to be consistent with the 2006 approvals. i. Newly revised topographic information for the Property results in the top of bluff location depicted further up the slope than was shown in 2006. The Planning Commission's recommendations regarding the deck and patio were based on the 2006 approval and the top of bluff as identified in 2006. The revised plan submitted by the Developer meets the Planning Commission's recommendation but does result in greater encroachments of the bluff and bluff impact zone with structure and grading. j. The Developer's request will alleviate practical difficulties inherent to the Property and not created by the Developer. k. The Developer's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. I. The Developer's request is in harmony with the purpose and intent of the ordinance. m. The Developer has demonstrated that enforcing the side, street setbacks; lot area and lot width; and bluff setback provisions of the Zoning Ordinance deprive the Developer of the reasonable use of the Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports.by City staff, comments by the Developer and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. 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 Page 3of6 O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 62x6 the variance 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 Developer, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owner; 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 the following: a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot with an area of 11,752 feet (0.26 acres) and a defined width of approximately 60 feet where 43,560 square feet (1.0 acre) and 140 feet of width are normally required; a variance to Orono Code Section 78-1279(2) to allow construction of a new residence 12 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(2) to allow construction of an elevated deck 2 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(3) to allow the proposed home to encroach 10 feet into the 20 foot bluff impact zone; a variance to Orono Code Section 78-1279(3) to allow the proposed elevated deck to encroach entirely within the 20 foot bluff impact zone; and a variance to Orono Municipal Zoning Code Section 78-330 to allow a 10-foot side street setback for the home from the adjacent unimproved alley right-of-way and a 10-foot setback from said alley for a lake side deck where a 35-foot setback from the alley is normally required in conjunction with the construction of anew residence in conjunction with the construction of a new home, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Developer and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the allowed level of 2,938 square feet (25%) for this Tier 1 property. 3. The Developer will provide an analysis of the vegetative stability of the bluff performed by a qualified third party, and agrees to comply with recommended vegetative bluff stabilization measures as necessary prior to the issuance of the Certificate of Occupancy. 4. The site grading must not extend past the limits indented on the approved grading plan, attached as Exhibit A. Page 4 of 6 O O CITY of ORONO 4 :' ti RESOLUTION OF THE CSI�COUNCIL NO. ��kESH0 5. The Developer's building permit survey and plans shall address any outstanding comments and recommendations of the City Engineer. 6. The home plans submitted are for the purpose of hardcover and setback review. The construction plans and surrey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. The deck will be constructed using helical screw footings or other minimally invasive method as approved by the Building Official to avoid disturbance of the area closest to the top of the bluff. 7. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (February 25, 2014). 8. 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. The undersigned Owner and Developer have read, understand and hereby agree to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 25th day of February, 2013. ATTEST: .Rachel Dodge, City Clerk Lili Tod McMillan, Mayor n dJ: yy >p fj t - or. a 1't. -.lry. •r1.'. Page 5 of 6 O O O CITY of ORONO +�1 RESOLUTION OF THE CITY COUNCIL NO. L 6 �kESHog� Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN ThIl's instrument was acknowledged before me this day of ��h , 2013 by AQ- � el� , its O , on behalf of the Owner. oto is JOHN B HAERTZEN Notary Public State of Minnesota My Commission Expires January 31, 2017 Dev o r STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2- day of 7qprt t 2013 by,Rod n e.,!� Ols b-r--- , its Vice r d e-A- on behalf of the Developer. C"S-tpJ- L G- Notary Public BARBARA G.SILUS NOTARY PUBLIC.MIWE$OTA My Commission Ex�Jan.31,2016 Page 6 of 6 Exhibit A The Gregory Group INVOICE NO. 80653 d.b.a. F.B.NO. 106412 LOT SURVEYS COMPANY,INC. SCALE:1"= 20' Established in 1662 LAND SURVEYORS 0Denotes Found kpnMormmam REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA O Denotes Iron uwncrm d 76DI 73rd Avwue North (763)360.3093 ED Denotes Wood Nub Set for Minneapolis,Mira 354n r-No.560.3522 IW* Surveyors Certificate X0W.0 Denotes Ek..fi I ODO.o Dnmt®Proposed Elevatlonn Proposed Site Plan For- Basis for bearings is COLSON CUSTOM HOMES fowl '„_.Denotes Existing Contours assumed pOH 11 �_�Denotes Proposed Contours Property located in Section 11 7,Township 116,Range 23, \ \ Hermepin County,Minnesom Property Address 4731 North Shore Drive '°° Wiro c� N \ O orerro.Minnesm ` 11 11 di ui 9` .•.,�^g 'rJ Benchmark:Top Rim of City of Mormd Manhole 11392 `\ 11 i L=24(20 17evation=971.67 \ \ m R-1500 92°2524" NOTE Proposed grades are sugect to reandm so0 teals. �\ 1 1 ( 1989./ Proposed EUONnp hdmnmUmr moat be rJnaclmd wain V64.46 .: approved WMV plan and daelopnrem or Wading plan before W=vabon and carmm,ctimr. \ or 17 \ 4, .. Proposed grades shown rm oft suety are I V I 70 Ixt 6derpo Mk m of proposed mrht m from tlm drainage.gredbg and-d--%W em plans NOTE Theratadmmhtpbeftm Proposed floor yip 977.3 aevulorembevermedbytsmaer• wasds Proposed Top of Block main Nle house wagsY.•1-0 \ \�� D\ .N\. 84.2 978.3 purported Top otsroek m house entry ; \� \ \ o �, �` 9 982.6 977.0 pmroaadGarotte pmor 967.6 Proposed lowest Flom(baseemm a lever garage) // pr \ Of BLmft I TyFull Basement Walkout j 1 Std 11 \\\ ` �� 978.5 1 077.0B \\ 10 \!. \ 1\ \^o• �� � a. r Proposed \s. 75.9 .4 P--50C/7 / A� ( o -f0' 1 1 I 4" wC sloe / 1 1 I I T ` J 'b. w 969. i2 ` _n_ garage Sex 1 I I I 1 A. '9io 977.3 D Qo % _i 1 1 I ZDD 90 x9776.8 /i i ��^ thaNmgeaov amenrve / 967.2 D�,j��o6 967.1 No. 4725 f•--- \I \ 2(P Biuli earful: e.� k� i sod• / 00 m �� lnie e0 drorsr0 1 / \ 1^� ' / nj 967.2 9'a 2 / i \gym s \ 0 ►r\ \ 9' \ Tw966\\2 / �\ 1 s90 `\`1��� ♦\ ; BYC9`64.4(` (� Wad Tre Wsll U0 `\ ` ` , `\`ry s me`\ sA\o`\\ ��,(\ r� TW 9 6. Proposed Hardcover s 9 �\ \` `9s s`\ . `����` 0� \� �` ` 5.7 Lot area 11.7529gft:t ?°�` �i9n�♦ \,(�\p,' `� \\`. Brelding a 1,592sgft \� `nit` ` CCB\ ;\ `` \`� \R6`•S ExsGrg Dnteway 255 sq k N; O ` Proposed Dnveway - 439 sq It Stanway to lake = 2/6 sq ft �\ 2 Stoop 4t Walk 42 sq ft Deck 167sgft Optional patio /50 9q ft 6 \rc, •�\� '�%•9 `^y. Landscape$WaNs - l5 sq ft Egress Window Wall a 9 sq ft Percentage 24.55% "I'. Lot. Lot 6,and the northwesterly 10.00 feet of lot 5,Block 5, �`o� s2a`e`� ssr.6 BERQUIST&WICKLUNDIS PARK,and that part of Lake Ic Street(to be vacated)lying between the southwesterly extensions of the northwesterly line of said Lot 6 and the The only easements stmwn are hum plats of record or mtormation southeasterly line of the northwesterly 10.00 of said Lot 5. provmed by went Hennepin County,Minnesota I certify that this plan,spedficatten.or report was prepared by rare or under my dined supervWm and Brat I am a duly Licensed land Surveyor under Bre laws of the State of Minnesota Surveyed this 11th day of October 2012. adv 10-22-12 hardcover calculations Orevm By g, �lA semen 10-23-12 House Location and Grades s4w A'e 11-29-12 hardcover revisions File Nnre 1-18-13 Bluff zone.2-1-13 deck,patio bwp&6R106412hIv80853.dwg Gregory tnm Reg.No.24992 YA9udOMW1b dAbp O'n SHWOx r�oisnO NOS103 _ A91'L®IbLD'! m 9 IIIIII��� a Resolution Exhibit B J. Pli It tir I © s Z I J a F-t+ n• � a � TL13S 13 o i i 0 i ° Y Y ait B J 2 W s� I k sr Wp ; e� IL I I 0 • Q_ Wy 8 b WSW sro9avaaavaannano y N M L .N As Af 1W FY hf .fY AA H N AW .iN iY ♦Y t� h 4 m $ ��] Imaa P�MtlL.. aftlm H i y mM E iWO+L YM Af m W p a i x g p pg R tl $ I B ao•.••.•a s z D � 4 A� hn Lg ��mm m �qm tb Ah M� J W Af+ AM Aa .� PN N Af 1GM Ad .aY Y JY I I ==_____= ----- -------- — I � ...- :mom g v. 01 '& ! e w bD II I�g� 5 Za C9 I py •Y .N iM I aryl rIY I I i R I ®g �� 3F It §64Y kik Q DC sg� �uv ��saa s oNp�nnd �„�mow , dpil ie`B!li�g,"ea Mall �R to a a� w Rs g � m s I am- MIT I 6466 i 8 Mill I ; - � � —"-----"----- -------- g u1 !ry s A>V/ ® g g � g �mmI�iJ 4 w m O m w w m n a I , � a vj � 6886 ASpppp et861 6 m 6 p 6 � Ay A 4 y6 $66R STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 11, 2013 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Assistant and the Corporate seal of the City this !9, day of , 2013. MorAca A Fadness, Admin Assistant sea) h ,; City of Orono F i � p