HomeMy WebLinkAbout#4213-variances/CUP-1998 . -
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*b - 1 C ITY of ORONO
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�� �,'�;/� RESOLUTION OF THE CITY COUNCIL
t9kESH04� NO. �'.: ;� �. c`i' :�
A RESOLUTION GRANTING VARIANCES TO
MUNICIPAL ZOiVTi tG CODE SECTION 10.24, SUBDIVISION 5 (B);
SECTION 10.22, SUBDIVISIONS 1 AND 2;
SECTION 10.56, SUBDIVISION 16 (L) (1&2) AND
GRANTING A COVDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISIONS 19-21
FILE NO. 2395
WHEREAS, Brent Bentrott and Kathryn Bentrott (hereinafter the "applicants")
are the owners of the property located at 1453 Park Drive within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 9, Block 15, "Saga Hill Revised, Hennepin County, Minnesota," also that
part of vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised,
Hennepin County, Minnesota" which lies between the Northwesterly extensions
across it of the Northeasterly line of Lot 9, Block 15, "Saga Hill Revised,
Hennepin County, Minnesota" and the straight portion of the Southwesterly line
of said Lot 9, (hereinafter the "property"); and
WHEREAS, the applicants have applied to the City of Orono for variances to
Municipal Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and
Section 10.56, Subdivision 16 (L) (1&2) to allow an existing deck to be remodeled into a three-
season porch to be located 3' from the property line where 35' is required; to allow the existing
street side entrance and deck to be modified where said deck and entrance are located within 35'
of the required side yard adjacent to street (Bluff Street); to allow the proposed 22'x26' garage
to be located 8' from Bluff Street where 35' is required; to allow 9 sq. ft. (.24%) hardcover in
the 0-75' setback where 370 sq. ft. (9.97%) is existing and none is allowed; to allow 3,404 sq.
ft. (34.18%) hardcover in the 75-250' setback where 2,303 sq. ft. (23.12%) is existing and
2,490 sq. ft. (25%) is allowed.
The applicants have also requested a conditional use permit per Municipal Zonin�
Section 10.03, Subdivisions 19-21, to cut and fill to raise the elevation of the property to create
a building pad for the proposed 22'x26' garage and suitable driveway with a slope of 10% or
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'� RESOLUTION OF THE CITY COUNCII
�L9kESI�04'�G NO. 4 � 1 �
less which will require approximately 500 cubic yards of fill and grading within 5' of the
property line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2395.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on July 20, August
17, October 19, and November 16, 1998. On November 16, 1998 the Planning
Commission recommended denial of the proposed variances and conditional use
permit for the garage finding that the use of Bluff Street and Park Drive was not
consistent with City policy, the amount of hardcover in the 75-250' setback
excessive, and the proposed drainage plan may have a negative impact on the
adjacent residence. The Planning Commission recommended approval of the side
yard adjacent to street variances for the proposed improvements to the residence.
4. The City Council reviewed this application on November 23 and December 14,
1998 and recommended approval of the proposed variances and conditional use
permit based upon the following findings:
A. The subject lot does not meet the LR-1B lot area or lot width
requirements.
B. The existing residence encroaches into the required 35' side yard adjacent
to street setback.
C. Bluff Street is a platted, unopened street.
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D. The existing garage is located 165' from the residence and is located
within the required street yard setback. The parking pad in front of the
garage is located in the Park Drive right-of-way.
E. The amount of hardcover in the 0-75' setback will be reduced from 370
sq. ft. (9.97%) to 9 sq. ft. (.24%).
F. The topography of the zoning lot is steep which necessitates the proposed
driveway to be located within Park Drive and a portion of Bluff Street to
provide a 2% landing area at the street and in front of the garage and a
slope of 10% or less for the driveway.
G. The proposed culvert, grading, and land alteration as proposed in Exhibit
A will direct water away from the structures to a low area on the zoning
lot towards Lake Minnetonka.
5. The City Council fmds that the facts and conditions applying to this application
are peculiar to this zoning lot and do not generally apply to other property in the
LR-1B Zoning District; that granting the variances would not adversely affect
light, air nor pose a hazard to neighboring properties; and would not merely serve
as a convenience to the applicants, but is necessary to alleviate a demonstrable
hardship or difficulty.
6. The City Council finds that granting a conditional use permit to allow 500 cubic
yards of cut and fill and grading within 5' of the property line will not be
detrimental to the health, safety or general welfare of the public.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22,
Subdivisions 1 and 2; Section 10.5b, Subdivision 16 (L) (1&2) and for a conditional use permit
to allow land alteration and grading, subject to the following conditions:
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'� RESOLUTION OF THE CITY COUNCII
��9kESH0g'�G NO. � � �
1. Applicants to obtain a land alteration permit from the City of Orono prior to
commencement of this project.
2. Applicants to adhere to the plans approved by the City Council per survey by
Mark S. Gronberg dated July 3, 1998, most revised December 4, 1998 (Exhibit
A).
3. Applicants to sign a hold harmless agreement (Exhibit B).
4. Authoriries granted by this resolution run with the property not with the owners,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (December 14, 1999).
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.
6. 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.
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�' RESOLUTION OF THE CITY COUNCII
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Adopted by the Orono City Council on this 14th day of December, 1998.
ATTEST:
, - l/.�—
L' da S. Vee, City Clerk Gabriel bbour, Mayor
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
December, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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R.�V CA.R4LE A NASEfi�1P.N � ��
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�:y:.:,+.:%�= NOTf;AYPUEUC-y1't;":E�OTA Notary Public
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, � CITY of ORONO
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�9kESII�4'� NO. � � '� � =�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of t , 199�, before me a Notary Public
within and for said County, personally a ed f �'�
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known to me to be the person(s) described in and who executed the forego g instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
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�� (.:;,;:;;�: P:UiF.9Y FUE!IC-'vii':i_��TA Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
. acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
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, �� � C�ERTIFIC�ATE� OF 'SURVEY FOR �
,�� , � ��'� BRENT BENTROTT
� �� � � �,,C:;[� OF LOT � 9 BLOCK 15 SAGA HILL REVISED � �
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F��1''��--•�'�'� Ji ef 00�00 � ' LEGAL DESCRIPTION OF PREMISES:
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��� -_ -" •� Lot 9, Block '15, "Sagb Hill Revised, Hennepin County, Minnesota",
' =•�'y� " � also that part of vacated Forest 8oulevard as dedicated in the
� / y `� "~� ,_-9i6� plat of "Soga Hill Revlsed, P Y, „
Henne in Count Minnesota which lies
,g3��/' �,��' , � � � �• between�tha Northweste�ly extens�ons across it of the Northeast— �
� �,- , � Q-�.�.,h• ' ' };� 9'' ��8�°�,,,,r� erly line,af.Lot.9..Block 15; :'Sogo Hia Ravised,.HennepiR County,� , •�
. • • � � i �, o� • Minnesotb" and the atraight portion oi the Southwesterly line of
'" said Lot� 9.
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� EXIS�'�� '� ', This survey intends to show the boundaries of the above described
' ' k10�'E x � property, the•location of an existing house; �arage, and other visible
: . ��--'"�i 3� � ��o;�,° : ,; �'�t�; "hor.dcover" �hereon, and the proposed location of a proposed gorage. !
• , ��93�'--__ ��Jml ;' �� P�� It does not p,urport to show any other improvements or encroachments. ;
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. �. WAS PREPARED BY A1E OR UNDER W ORECT SUPERVISION A►O �r� �
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DATE _L��� ►«��►,s� � �1 rs 98283
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� EX�TT B
HOLD HARMLESS AND 1NDEMrTIFICATION AGREEMENT
Brent and Kathryn Bentrott, 1453 Park Drive, shall indemnify and hold harmless the City, the City
Council, and the agents and employees of the City from and against all claims, damages, losses or
expenses, including attorney fees, which the City, City Council and agents and employees of the
City may suffer to for which it may be held liable, arising debts or obligations in consequence of his
performance of the following improvements:
Retaining walls and driveway in Bluff Street.
Driveway and curbs in Park Drive.
No permanent easement, or property rights are being granted by the City of Orono as a result of
these improvements being located on the City right-of-way. The City of Orono reserves the right
to order the removal of improvements located on the right-of-way at any time.
In the event that the improvements are not removed, in a timely manner, upon a directive from
removal from the City, the City will remove the improvements and will assess the owner for the
costs of removal.
By Brent and Kathryn Bentrott, their employees, agents or subcontractors, whether or not caused
in part by a party indemnified hereunder.
--�� �-tti�� .
Brent Bentrott Kathryn Be trott
STATE OF NIINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this,�day of �� 199 r before me a Notary Public within and for said
county, personally appeared �{ � '-�P known to me to
be the persons described in and who executed the oregoing instrument, and acknowled�ed that they
executed the same as their free act and deed.
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� : CP.RQLE A HASEMA.N �•
;.�� NOTRRYPU6UC-MINNESOTA NOTARY PUBLIC
{�t,•"�;. HENNEPINCOUNTY
\`'� My Corrmissicn Exaires Jan.31,10M �
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