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Home My WebLink About#4897-variances-2002 . , � 0.1� . O 4 �u�� CITY of URONO � ��, ��.��- ti �� G�' RESOLUTION OF � �5 � °�'COUNCIL �kESH�4 NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L); AND SECTION 10.56, SUBDIVISION 16 (C) (6) FILE NO. 02-2808 WI-�REAS,James Echtencamp and Jean Echtenkamp,(hereinafter"the applicants") are owners of the property located at 2800 Pheasant Road within the City of Orono(hereinafter"the City") and legally described as follows: Attached "Exhibit A" (hereinafter "the property"); and `VHEREAS, the applicants submitted an application requesting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f.(39.2%)hardcover in the 7�-250'lakeshore setback,where 7,856 s.f.(34.9%)exists and�,624 s.£ (2�%)is allowed;and a variance to Section 10.56,Subdivision 16(C)(6)to permit an an encroachment into the average lakeshore setback; and `VHEREAS, after due published notice and mailed notice in accordance with Vlirulesota Statutes and the City of Orono Zoning and Plannin� Codes, the Orono Planning Commission held a public hearing on July 15, 2002, at which time all persons desiring to be heard concernin� this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIl�'DINGS 1. This application was reviewed as Zoning File #02-2808. 2. The property is located in the LR-1B, Single Fami?y Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. PaDe 1 of 8 ► , , �� _ V O O ,� - ,-. � - CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL � �L� , 4�G rva 4 8 4 '7 k Ko 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: A. Continued use of the property as residential is consistent with the zoning district and with the development of the surrounding properties. B. The City of Orono had approved variances in 1990 allowing total hardcover on the property at a greater amount than what the applicants have proposed on the site. The actual property hazdcover will decrease as a result of the � redevelopment. C. The property is a 2 acre lot in a 1 acre zoning district. 66,046 s.f.of the lot is located within 75' of the lakeshore,and only 22,497 s.f.is located within the 75-250' lakeshore setback. 983 s.f. of hardcover that exists on the property within 75' of the lakeshore will be removed.based on the new house's location outside the 75' setback. D. A hardcover variance is justified due to the disproportionate amount of land located within 75' of the lakeshore. All the property within 75' of the � lakeshore would provide adequate absorption azea. The total hardcover devoted to the house and driveway areas would not increase from existing levels: E. A variance to permit an encroachment into the avera�e lakeshore setback is justified based on the fact the property is a peninsula lot and there is no suitable building site on the entire 2 acres without a variance. The proposed house is located further from the lakeshore than the existing house. 4. The Council makes these additional findings of fact in regard to this application: A. This properiy is uniquely situated such that reduction of the 0-75' hardcover below the proposed amount is not feasible, i.e. the small portions of driveway within 7�' of the shore is necessary to access the property, and the extensive length of seawall is necessary to prevent shoreline erosion. B. While limiting hardcover in the 75-250' zone to the 2�%standard is feasible, such a limitation�vould result in the construction of a residence that w�ould not be in keeping with the character of the existin� Page 2 of 8 _ , ' � O _Y O O � � CITY of ORONO �� ,��/ry , G~'� RESOLUTION OF THE CITY COUNCIL �9kE'�I3��'� N0. 4 8 t� �' neighborhood and surrounding homes. C. The property is effectively surrounded on three sides by lakeshore. Therefore,the squaze footage of pervious surface (lawn)that is located between the proposed hardsurfaces and the lake is significantly greater than that of typical lakeshore lots. A typical conforming 140' wide, 310' deep LR-1B lot would be allowed 10,400 s.f. of hazdcover whose runoff would be absorbed over a 10,500 s.f. 0-75' zone, or about a 1:1 ratio. On this property,however,based on the location of proposed hardcover and the topography,the runoff from 8,800 s.f. of 75-250' hardcover will be absorbed by an azea 75'x350' or 26,000 s.f. within the 0-75' zone that is directly downhill from the hardsurfaces. This results in a"hardsurface-to- functional-absorbtion-area"ratio of about 1:3, i.e. much greater functional absorbtion azea than a typical lot. This phenomenon is unique to this lot and the very few similarly situated lots in the City, and acts to mitigate the impacts of hardcover in excess of the 25%normal limit. 5. The City Council finds that the conditions existing on this property are 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 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 ihis application including the findings and recommendations of the Planning Commission,reports by City Staff,camments by the applicants and the effect of the proposed variance on the health, safety and welfaze of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants v�riances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)to permit 8;810 s.f.(39.2%)hardcover in the 7�-250' lakeshore setback, where 7,8�6 s.f. (34.9%) exists and 5,624 s.f. (25%) is allowed; and a variance to Section 10.56, Subdivision 16 (C) (6) to permit an an encroachment into the averaae lakeshore setback, subject to the following conditions: Page 3 of 8 � o� 0 0 . CITY of URONU a = , � ' ti �� p~' RESOLUTION OF THE CITY COUNCIL �9kESH0�� N0. � � � °�° . 1. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is. properly directed. Final plans include providing a new survey indicating all existing and proposed grade levels as well as all proposed site changes. All such drainage is required to be d'uected to the low azea of the property. � 2. The property shall be developed in general conformance with the site plan attached as Exhibit B, including removal of all hardcover as noted on the site plan. 3. Authorities granted by the variances run with the property not with the applicants,but are permissive only and must be exercised by application for a building pernut within one yeaz of the date of Council approval,or these variances will expire on that date (August 12, 2003). 4. 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. 5. The undersigned owners have read,understand 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 of Orono, Minnesota at a regular meeting held on the 12�'day of August,2002. ATTEST: ii ' --- ; � `f � �-12�L�tc� 9 � � � L' a- . Vee, City C��_ Barbara A. Peters n, May r ,- --_._ � f�' , l! �, � _ plicants � Page 4 of 8 �� o � ° Y o� oRONo ,� - ,,.. � CIT '�'+�� Gti RESOLUTION OF THE CITY COUNCIL ,L '�' N O. � � � "� `9kESI3�� STATE OF MINNESOTA COUNTY OF HENNEPIN iy The foregoing instnunent was acknowledged before me on this,]r2`t'day of August,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �,.�. _ `>i RACHEL DODGE r ..w' NO?ARY PUBLIC-MiNNE"OTA �- /'. � �-�`�� - �'C011"'�0"�'0°'�"'31'� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1�-1`��' day of �� ;,.,,�,�5{- ,200�- 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. �i :. RACHEL DODG�r �<-L:�.G�� C{-��-- , NOTARY PU3LIC-P+;'."'�""'-"' t' Notary Public Myr Cammissio�Expire.J: ; -;,;:�;��:::1:��.-��..�....:.::z:_ ..._ . - STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of ��l7J�di c.% ,2�OS , �c�-�t`�ti2 5 �. � G�(�n►.11 �11;J; Y�i!'l'r�� personally appeared before me, who is personally known to me l� �L ,�%"whose identity I proved on the basis of � a credible whose identity I proved on the oath/affumation � witness and who executed the foregoing instrument, and ackno�vledged that he/she/they executed the same as his/her/their free act and deed. � , ;1 f � .n . -- DENISE M.LESKINEN ' ��i � �' ��p�C�NA�N�3��5 Notary Public Page 5 of 8 � � , M � _V ' O I O � CITY of ORONO � ,�, � .:ti. � . `��',� �,G~ RESOLUTION OF THE CITY COUNCIL `�kEs o�`' No. 4 8 4 '?' STATE OF 1�ZINIVESOTA COUNTY OF HENNEPIN On this�day of ��brr.�«, ,20�3,�eG�.� �'ch-� en kc�mt� personally appeared before me, who is personally known to me .- ;/whose identity I proved on the basis of �N �(... whose identity I proved on the oath/affirmation , a credible �uvitness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. "1 . �� / / �� cPdiSE M.LESKINEN Notary Public NOTARYPUBUC-NpNNESOTA . MY Cairr�sion Expkes Jan.34,2005 � Page 6 of 8 � , • . � Exhibit A � . i ' � . . ' , � . . ' . ; . . . - ' � . � . . 4 � 4 ,�,, : . ,,: _.LE�. nEsr.tttPnav nF �t f�s � . . • • � � • � . • . . j . •. . •Lot 13-nnd �ho.t part of i.ot 1�, 'Pheasnnt Larr�•, descrlbed�ns,folto�rsi•8egir�ning�ot the � • ' ' •SauthecLsterty or° nas* I�insterly corrtiei-.of' Lqrt ,13 In-sald.'?heasant Lnxn'1 the�ce Not-thwestei-ty � � nlong tf�+e cGvidnp;lir�e�be$Meen Lots 13 nnd.14 to the •North�asterly or•nost•No�therty corner ' • . 'of snid Lot 13t thence eosterly clefiectlrifl,at:am nngle of•127 de�rees 15�ntnutes to th� r�pht' . fron tust described coar�se, o dtstnnce�of �20 feet� the�ce southensterty pnrntlel'�rith.the �vtcpn0 : Une befireen satd Lots 13 nnd 14• n a9stnric'e af 2�8 fe�t� thericq ensteri,y deflecttn8•nt an nngtv �. of 54 qegrees no �tnuteS to the teft� f'ror�;las't descrlbeai cour�e, o•allstarice of 3&5 .Peetf • . ' • thQnce dt p rJsht .angle.southerly 75'•feet, r�or�e a^, le.ss, #o the 5fiore of Lrike 1llnnetqnka� • . 'thenCe �esterty nlor� tMe• sho�e Qf•�sold�icke.ta ttie polnt•Of .tse�ru�►tng,,nccorcMp to tt�e,ptat� . . thQreof on fUv nnd of record�in t�e offlce oF the•Regtstrnr of'Titles, h an 'far scfd County ond Stnte• , Page 7 of 8 , , � Exhibit B � � . . � . . 484 �' . . � �- . . . . � � � � . . � 0� � �� - � � � � . � . � . , : .. - . . . . , . . `\` �2� . . . .. _ . .- : � . . � A�D � s- � .. . . '�o- S 9�174 05'30' E � � o�� 0.27 ' . . • . . � :�5 r,� _ - � . 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