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Home My WebLink About#4959-variances/dening variances-2003 � O ` V O � 4 CITY of ORONO G RESOLUTION OF THE CITY COUNCIL � EsHD�� NO. 4 C ; A RESOLUTION GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.56, SUBDIVISION 3 (2); SECTION 10.56, SUBDIVISION 3 (3); SECTION 10.56, SUBDIVISION 16 (C)(2); SECTION 10.56, SUBDIVISION 16 (C)(3); SECTION 10.56, SUBDIVISION 16 (J)(5)(h); SECTION 10.56, SUBDIVISION 16 (L)(1); AND SECTION 10.56, SUBDIVISION 16 (L)(2) AND DENYING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); AND SECTION 10.24, SUBDIVISION 5(B) FILE NO. 03-2887 WHEREAS,Minnetonka Custom Homes Incorporated(hereinafter"the applicants") are the owners of the property located at 4753 North Shore Drive, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, Block 6, BERGQUIST & WICKLUNDS PARK, Hennepin County, Minnesota, and that part of Lake Street as dedicated in BERGQUIST & WICKLUNDS PARK,Hennepin County,which lies between the southerly extension of the east and west lines of Lot 4, Block 6, said BERQUIST & WICKLUNDS PARK(hereinafter "the property"); and «''-HEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.03,Subdivision 14(C); Section 10.22,Subdivision 2;Section 10.24,Subdivision 5 (B); Section 10.56, Subdivision 3 (2); Section 10.56, Subdivision 3 (3); Section 10.56, Subdivision 16 (C)(2); Section 10.56, Subdivision 16 (C)(3); Section 10.56, Subdivision 16 (J)(5)(h); Section 10.56, Subdivision(L)(1);and Section 10.56,Subdivision 16(L)(2)to permit construction of anew residence on the property, with a lot area of 8,172 s.f. (0.19 acres) where 43,560 s.f. (1 acre) is required; lot width of 50' where 140' is required; rear yard (street) setback of 19.2' where 30' is required; side yard setback of 7.6' where 10' is required;480 s.f. (12.6%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted; 2,051 s.f. (46.8%)hardcover within the 75' to 250' lakeshore setback zone where 1,095 s.f. (25%) is permitted; 1,504 s.fof lot coverage by structure where 1,500 s.f. is permitted; 15' setback from the top of the bluff where 30' is required;7' +/- encroachment into the bluff impact zone where none is permitted; and placing fill in a bluff impact zone where no fill is permitted, in the LR-1B zoning district; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Page 1 of 6 �O� O � O 3 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `q$ESgO�" NO. 4 9 5 Commission held a public hearing on April 21,2003,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File#03-2887. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately 0.19 acres. 3. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended partial conditional approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The lot was platted in 1888,prior to the adoption of the current zoning ordinance and requirements for bluffs; B. The 8,172 s.f. (0.19 acre) lot with a 50' width does not meet the minimum lot area(43,560 s.f. or 1 acre)nor lot width(140')requirements for the district; C. The property contains an existing home and detached garage; D. Due to the size of the lot, it would be difficult to construct a home meeting all setback requirements or that did not exceed the required hardcover in the 75' to 250' setback zone; ' E. The existing detached garage and concrete driveway pad located within Hennepin County's right of way will be removed with this application; F. Completely avoiding impacts to the bluff would severely limit the size of the house on the lot. The proposal minimally impacts the bluff; and G. There is no hardship to support the proposed 10' setback from the side lot line or structural coverage in excess of 1,500 s.f. Therefore, the proposed home must be located no closer than the required 10' setback from the side lot lines and should be limited to no more than 1,500 s.f of lot coverage. Page 2 of 6 � O _V . O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kES0 NO. 6 9 5 e 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 the variances will 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 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. 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 variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.24, Subdivision 5 (B); Section 10.56, Subdivision 3 (2); Section 10.56, Subdivision 3 (3); Section 10.56, Subdivision 16 (C)(2); Section 10.56, Subdivision 16 (C)(3); Section 10.56, Subdivision 16 (J)(5)(h); Section 10.56, Subdivision (L)(1); and Section 10.56, Subdivision 16 (L)(2) to permit construction of a new residence on the property with a lot area of 0.19 acres (8,172 s.f.) where 43,560 s.f. (1 acre) is required; lot width of 50' where 140' is required; rear yard (street) setback of 16.2' where 30' is required; 354 s.f. (9.34%) hardcover within the 0 to 75' Lakeshore setback zone where none is permitted; 1,965 s.f.(44.85%)hardcover within the 75'to 250' Lakeshore setback zone where 1,095 s.f. (25%) is permitted; 14' setback from the top of the bluff where 30' is required; 7' +/- encroachment into the bluff impact zone where none is permitted;and placing fill in a bluff impact zone where no fill is permitted;and hereby denies variances to Section 10.03,Subdivision 14(C)and Section 10.24, Subdivision 5(B),denying a variance to exceed the maximum allowed 1,500 s.f. lot coverage and denying the requested side yard setback variance.Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants as amended by staff and as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 6 0 0 CITY of ORONO 3 RESOLUTION OF THE CITY COUNCIL `gkESH0 NO. 4 Approval is subject to the following conditions: a) a permit must be obtained from Hennepin County to change the access to the property; b) plans for building application should include contours showing proposed grading and flow arrows indicating drainage ways and rain gutters and proposed discharge points; c) heavy-duty silt fence with steel t-posts should be installed south of the home and north of the retaining wall. It.is critical that erosion control be installed, inspected and approved prior to work on the site; and d) the existing decks located within the 0-75' setback zone must be reduced to no more than 32 s.f. landings prior to footing inspection on the property. 3 . Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date(April 28, 2004). 4 . Violation of or non-compliance 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. 5. 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 or Orono,Minnesota at a regular meeting held on the 28th day of April; 2003. ATTEST: 2 Linda S. Vee, Clerk Barbara A. Peterson, Mayor Property Own r(s) Page 4 of 6 O O ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL STA ESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,• �s7 »arses xp:,t:.. ;>� No Public STATE OF MINNESOTA COUNTY OF HENNEPINThe foregoing instrument was acknowledged before me on this,.34W, day of April,2003 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. ;�",;-�'•, RACHEL DODGE t WTI'r`,'PUBLIC-Ai:nrNFrOTA No Public h!y Gommi,sion Expkw Jaa. .31ZOOS STATE OF MINNESOTA COUNTY OF HENNEPIN On this 21 day of ,2003, Stg-v9-n x"M 0 personally appeared before me, who is personally known to me r/ whose identity I proved on the basis of 1'-1 N L- whose identity I proved on the oath/affirmation of 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. DENISE K LESKINEN Notary Public NOTARY KMW-MW EWTA my Ca OWM Expires Jan.31,2= Page 5 of 6 CITY Of ORONO ti RESOLUTION OF THE CITY COUNCIL `91iESg04NO. 4959 STA ESOTA COUNTY OF HENNEPIN On this day of , 2003, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of 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 6 of 6 PROPERTY DESCRIPTION ( Client supplied) ? Lot.4, Block 6, BERGQUIST & UICIsy1INDS PARK, Hennepin County, Mlnnesota and that part of 7Vlit.1. Lake Street as dedicated In BERGQUIST do WrCjMUNDS PARKHennepin County, stitch Iles between the southerly extension of the oast and Crest lines of Lot 4, Block 6, said BERGQUIST & AICKLUNDS PARK 4959 994.7 x 990.3 x A EGSANC HARDCOVER 0-75 ZONE COUNTY OAD N0. 19 Dackfng ,48 s0. FT. 990.9 x Shoreline Preservation 993 2 r 132 S0. Fr. yr••',. Surface (SLPA) 0`- 2 x 7 J.L.•t•. 'Total Hardcover 480 50. Fr. "' (eters Total Area 3.791 SO. FT. To 929.4 Contour N 87-33'29" E �� ' .�7• ' 985.3 x Percent of Coverage 12.6x -- 991.0 k B.t I:AR..t _ t+5 _X0.6 Q .ar 7.2 I 1z• ...:�•.. �„ •� �� E70511NC HARDCOVER 75-250 ZONE ;M&,y,r�,��►` _ -4 Buildings 697 SO. Fr. DA-1Wollt/0eek 79J SO. Fr. lOr - Waft 22 SO.Fr. '1Q,Rb Total Hardcover 1.512 50.Fr. Total Area 4.381 So. Fr. 986.3 x,. 14.5 �M1 439 Percent ol,Coveroga 34.37. Adiocmrl ttorre PROPOSED HARDCOVER 0-75 ZONE K"de Oecktnq J48 50. Fr. 98,15 x Shcreffne Preservation 9 1.4 x Fra ��„�a.0s Surface (SLPA) 1.32 50. fT 1 1979.2 z Arlo t�( 1,•tDWA'1"• Total Hardcover VL(SO. Fr 980.8 x Total Area J,791 SO. Fr. To 929.4 Contour _ 980.3 Percent of Coverage I r�µo/i WA x, 78.4 x 1•`Q PROPOSED HARDCOVER 75-250 ZONE (E&P) oacout 9 _(E&P) �11w o•e► Bur7dings 1.500 So. FT. \ x 978.5 Drl-/Walk Pizow-* W SO. Fr.140:f (E&P) 22 SO. Fr. E&P) raK.977�` 9t76.2 xx. 1t•17S rid Hardcover 2� so. FT. 976.9 x-% _-. _ _ -- -414 Total Area 4.381, SO. FT. a 'or-s•r•re.rura = qts Percent of Coverage + /�1� _i•('g,tr/ Z. 73'selbock costo �,w 1w$ LOT LOT °; _ ----- - - M41ve Ist, o -L-07- 4- _ 'W1541mb, 954 ftGr M UDM4W ---- --9a61 x - -A632 SF VO.01nlb,9- -N-69-2 -Jf} _9389-A --S 1.-.- i - --lfD - - _ 0 Denotes iron monument Denotes offset stake 93. - / - -"4 Denotes e.,do ng alev. _ 30.5 (000.0) Denotes proposed elay. 931 7 x=- -_ �bck aO1 � 9 �3s Denotes surface dronage = +ci:�. a °t °Q Proposed garage near elev.=991.5 Proposed top of foundation clew.-992 Proposed to-est floor elev.-979 LAKE MWNET01M DENCHAMRK: Top of Lan pipe marked Waco rias-n7e.l9 G-ta-0.1 . Elevation- C.\CP\DRAW\120G4.DWC 1 hereby certify that this c,lrvay. plan or report was prepared by me File No. DEMARS-GABRIEL or under my dAtct saparv:uon and that I am a duty Registered Land 12064 B CERTIFICATE OF SURVEY LAND SURVEYORS, INC. Surveyor under the Laws of the Slate of A6nnasata. Q Bock-Page FOR 3030 Harbor 554 " MINNETONKA PIym ou h. MN 55447 David E. Goo 411-64 P/tane:76J 559-0906 CUSTOM HOMES Fax :7633 559-0479 1l O3 Scala Dale: YLut. Reg. No.2?414 �•