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Home My WebLink About#5117-variances-2004 � o� 0 0 ��,_:-, CITY of ORON(� a � �',� `��, ' �'�' RESOLUTION OF THE CITY COUNCIL ��kESH�� NO. � � � �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-282; 78-1112; AND 78-1286(b) FILE NO. 04-2983 WHEREAS, James D. Echtencamp and Jean M. Echtencamp, husband and wife (hereinafter"the applicants")are owners of the property located at 2800 Pheasant Road within the City of Orono (hereinafter "the City") and legally desciibed as follows: Attached"Exhibit A" (hereinafter "the property"); and WHEREAS,the applicants submitted an application requesting variances to Municipal Zoning Code Sections 78-282,78-1112 and 78-1286(b)to permit filling and grading within 75'of the shoreline of Lake Minnetonka where no such activity is normally allowed; and WHEREAS,after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plannin�Codes,the Orono Planning Commission held a public hearing on February 17,2004,at which time 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#04-2983. 2. The property is located in the LR-1B Lakeshore Residential Zoning District. 3. The Planning Commission reviewed the application for variances at a public hearing held on February 17, 2004 and recommended approval by a vote of 5-0 based on the following findings and hardships: a) This property was granted hardcover variances in 2002 for a rebuild. The basis to allow the hardcover excesses was primarily related to the peninsula shape of the lot,leaving about 1.5 acres of the 2-acre lot in the 0-75'zone;and the placement Page 1 of 5 , � O� O O � � CITY of ORONO ti �� G~' RESOLUTION OF THE CITY COUNCI L `9kESI�Og' NO. g � 1 '� of house and driveway which allows for an unusually substantial area of lawn in the runoff flow path for infiltration. In order to avoid filling in the 0-75'zone to accommodate the driveway, the applicant was approved for a retaining wall adjacent to the driveway. b) Now that the house is completed and final grades established, applicant has concerns about the necessary height of the retaining wall. S afety is the primary factor which supports eliminating the wall.The wall as approved was at the edge of the driveway,with an immediate drop of 2.5',then a 1:1 downslope for another 3-4',with gradual slope after that. The driveway functionally is about 6'above original grade at this point,and filling/grading would have stopped at the 75' setback line.This immediate grade change in an area that wiil have pedestrian traffic, children playing, etc. is less than ideal. c) The visual impacts of the wall would be primarily as it is viewed from the lagoon. Grading the slope and vegetating it will provide a softer and more natural view from the lagoon than a 64'long, 2'-6"high wall.The driveway itself will be only minimally visible from the lagoon regardless of whether the wall is built. d) Creating a 3:1 slope from the diiveway(elev.942')to the existing grade(934�will eliminate 64'of retaining wall,or approximately 50-60 s.f.of hardcover,which will allow for a better situation in terms of runoff. The trade-off is that rainfall that would have fallen on a relatively flat lawn surface at the base of the wall,will now fall on a slope and be somewhat more prone to run off than soak in during certain storm events. To mitigate any negative runoff impacts that might be created by the increased slope in the 0-75'zone,a 5-10'wide vegetated border/buffer should be established at the base of the slope. This area shoUld be maintained in high grasses or other vegetation which will allow for greater infiltration in this area. e) Because City code requires finish grades to be 3:1 or flatter,the 8' total drop translates to a 24'wide slope about 80'in length.Total fill needed for the project is approximately 250 cubic yards. Page 2 of 5 . , � O� O O ,� :. � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESII�g'�G NO. � � 1 `� 4. 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 public,and the effect of the proposed variance on the health,safety and welfare of the community. 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 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 applicants,but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substanti al 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-282,78-1112 and 78-1286(b)to permit filling and grading within 75'of the shoreline of Lake Minnetonka whete no such activity is normally allowed subject to the following conditions: 1. Council approval is based on the site grading plan submitted by the applicants and annotated by City staff,attached to this Resolurion as Exhibit B. Any amendments to the site grading plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The final grade of slope shall be established at 3:1 and shall be revegetated as soon as possible. Proper erosion control measures shall be established and maintained until the revegetation is complete. 3. A 5-10'wide unmowed vegetated buffer(raingarden)for infiltration shall be established at the base of the slqpe, final design to be approved by City staff. 4. Authorit�es granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the revi sed grading plan within one year of the date of Council approval,or the variance will expire on that date (February 23, 2005). Page 3 of 5 � O� Q O � .., �, CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`4kEs�I04'�G NO. ^� °?' 4. Violation of or non-compliance with any of the teiTns 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. 5. The undersigned applicants have read,understood and hereby a�ee to the terms of this resolution and on behalf of the applicants and the applicants'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 this 23rd day of February, 2004. ATTEST: �� ,� U�-�- c_ . Linda S. Vee, City Clerk Barbara A. Pete�r on, Mayor ��:� f.: � , Pr erty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�day of �C�_ ,2004 by Barbara A.Peterson,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� `ky r�� .�� L ie�� /p�!�ry�"' 1 �v�.+� 5• `1 .n 10 ?lfR�.YS'J� fi'.�'a4i�f 1 :( `" e� p� `5 .. � r Notary Public , .� v��,, �� ,, ;G3^.�+t%:f",lC4.�<.�t. �yA.' ,.. Page 4 of 5 � o� 0 0 CITY of ORONU ,� ., � ti RESOLUTION OF THE CITY COUNCIL �� '�G~ �` `9kES�I�g' NO. � � �. �' STATE OF MIlVNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thi�`�day of�"� �� 2004 by , Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal coiporation and said instrument was executed on behalf of the City. .:.��: _. RACHEL DODGE " �. NOTARY PUBUC-MINNE�OTA � �� MY Cortuni�an F.xpues Jan.31,2oos �`� Notary Publi� � ._��.-., � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�_day of �Ar c�.- ,2004 by James D. Echtencamp, husband of Jean M. Echtencamp. �� DEh11SE M.LESKINEN � �p�y p�Jg�_pqNNESOTA � �yy�qm�sion Expires Jan.31,2CC5 S;� Notary Public � ��•--��.. STATE OF MIl�TNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �g day of ��`�� ,2004 by Jean M. Echtencamp, wife of James D. Echtencamp. �� pEN1SE M.LESKINEN Nota Public NOfARY PUBLIC-M�INESOTA rY �r Conrnkaion Exprces Jan.31,2005 �� Page 5 of 5 EXHIBIT A RESOLUTION NO. Sl l7 LEGAL DESCRIPTION OF PREMISES: The following property in Hennepin County,Minnesota: 'Lot 13�o.nd that pnrt of Lot i�, 'Pheasnnt�l.arn', descr(kied ns,follows�-Be8lra�ing 'ot it�e � � � •Southecisteriy or' nos-� Easterty carne'r.of Lot ,i3 in-sald.'Ph�nsant L�nrri'J thence hiot-tFnrestei,ly � � ator�g -� cGvkLng;Une �between Lats 13 nnd.14 to the •North�asterly or•nost •Na�theri'y corne� • • 'of snld Lat 13J thence_ensterly deflectlrifl,ct:nn•nngle of�127 degrees 15 Nru,r.tes tv th� r{eht� fe^or, last descrlbed coi+i^se, n dista.nce�of 120 feet� thencc Southeasterty parnilel'x1t� •the �vlcang � llne between seid Lots 13 and 14' n dlstarice af 208 feet� thence easteri�y deflectln�-nt nn _nngle o� 5{ degreer no ntrwtes to the left� f'ror� •lns't descrlbQrl �course, n• distarrce af 385 .feetf - . ' • thence �t p Nght •angte.southerly 75'•feet, r►ore br. less. #o the shore of Lrike H1ru,etonkoJ . � thence �esterty alor,p the• shore of•�soid=inke .ta ttie potnt•Of .be�InNng,,nccorctJn9 to the,ptat � thareof on f11a and o� record�in the nfflce o� the•Reg(s'trnr of 'Titles, h nn 'for sdtd County ond Stnte' , ,. .. „ . � .,. ,,: _ , y ;% j , - . .. � �r. a� __ t :i! � �! � �-- ; ;X';� P.._ � - � EXHIBIT B 53°` ; ' ' ; �;°�.P' ` �,��_..._ - . - � RESOLUTION NO. 5117 � �- Sheet 1 of 2 ti � :�: �' t :,�. � - •,\ _�\ � ��. . •�–�� 9 3 6 t\ _ �� `� l��\ ,��` •.,�`� � � \ � �` �� '� . . . �` .\ .,\ /{, . � . ��9 �.� �., -� ��. \r�.,. � ��..�a 43e�. �� \� �'�,. I � � `;�� ' � . � 1 r `�\ `�,` � Ex � /� � '•. � '75 SETBACK LINE � \I �I � �40 ,��`'\\, �\ �, ,`, �\ I ) c! II � ; � , �` �� . j , , ,, �� ,, �,. � �I i � ! � �;`, .�� ,I"�m �' �`� � � 9�2• \ 9�� ` ,•��' '�. ;1 �., ! i . — � �'••. � �� '>....�� I 'j� � ;% ;'' � % \ '� �.�-•��•.•��-`� .� \'`�i �I� �� r .7�� I . 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