HomeMy WebLinkAboutResolution 6945 1111 II 1111 II 11111 ill 1 1 1 11
Doc No A10636759
Certified, filed and/or recorded on
Feb 19, 2019 8:05 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1791966E
Document Recording Fee $46.00
Document Total $46.00
��Np CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305; 78-1279; and 78-1700
AND
GRANTING AN INTERIM USE PERMIT
PURSUANT TO MUNICPAL ZONING CODE SECTION 78-1726
FILE NO. LA18-000102
WHEREAS, on December 12, 2018, Colby Mattson with Charlie & Company
Design (hereinafter the "Applicant"), on behalf of North Shore Meadows LLC (hereinafter the
"Owner"), applied for a land use application for the property addressed 2455 North Shore Drive and
legally described as:
Lot 1, Block 1, Scotch Pine Addition, Hennepin County, Minnesota
(hereinafter the"Property");
WHEREAS,the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-305 to allow redevelopment of the Property which
contains 1.12 acres in area and 160 feet in width where 2.0 acres in area and 200 feet of width
are required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of portions of a lakeside
terrace elevated more than 42 inches above existing grade lakeward of the average lakeshore
setback line; and
WHEREAS,the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1700 to permit redevelopment of the Property
resulting in 29.3% hardcover where 25% is permitted and where 29.6% currently exists; and
WHEREAS,the Applicant has made application to the City of Orono for an interim
use permit (hereinafter the "IUP") pursuant to Orono Municipal Zoning Code Section 78-1276 to
conduct land alterations including 315 cubic yards of fill within the 75-foot setback; and
WHEREAS, on January 22, 2019, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
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RESOLUTION OF THE CITY COUNCIL
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WHEREAS, on January 22, 2019, the Planning Commission recommended
approval of the variances and the IUP; and
WHEREAS, on February 11, 2019, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances and IUP as described above based on one or more of
the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA18-000102 The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is located in the LR-1A Lakeshore Residential Zoning District.
3. The Property contains 1.12 acres in area and has a defined lot width of 160 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following:
a. Lot Area Variance
b. Lot Width Variance
c. Hardcover Variance
d. Average Lakeshore Setback Variance; and
e. IUP for grading
6. In considering this application, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
and IUP upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on
values of property in the surrounding area.
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PRACTICAL DIFFICULTY ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." A single family residence is a permitted use within the
LR-1A zoning district.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The residential principal structure and associated amenities are
residential uses which are consistent with the comprehensive plan guiding of this and
surrounding properties for residential use.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property ownerin question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The Owner is proposing to use the Property in a reasonable manner but the size
and width of the lot is below the minimum lot size standards for the LR-1A District.
b. The plight of the landowner is due to circumstances unique to his property nof created
by the landowner.
The lot size and width were not created by the Owner and are unique conditions
within the LR-1A District. The shape of the Property and the application of the
average lakeshore setback are not created by the Owner.
c. The variance, if granted, will not alter the essential character of the/ocality."
The proposed home and associated amenities will not alter the character of the
neighborhood.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78."This condition is not applicable.
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RESOLUTION OF THE CITY COUNCIL
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6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as the use for a single family residence is an
allowed use in the LR-1A District.
7. "The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling."This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The lot area, lot width, and average setback
standards applying to the Property are similar to those of other properties in the
neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The standards applicable to this property apply to all other properties in
the neighborhood; however, due to the shape of the Property as well as the setbacks, the
Owner's requested hardcover variance may permit similar development of the Property
that other similar-sized lots in the neighborhood are afforded, a variance to lot area and
width is required.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The property rights of the Owner will be
diminished if the lot area and lot width variances are not granted, as the new residence
would not be able to be developed.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting of the
variances would not impair health, safety, comfort or morals and would not be contrary the
intent of the zoning code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The size, shape, and width of the Property,
as well as the configuration create practical difficulties affecting the Property;the variances
are necessary and will not merely serve as a convenience to the Owner.
INTERIM USE PERMIT ANALYSIS:
An IUP may be granted if the Council determines that the use will comply with the following:
1. "The use will meet the general performance standards in section 78-916 of this chapter."The
proposed grading will conform to the standards within Section 7&916 of the Zoning Code.
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RESOLUTION OF THE CITY COUNCIL
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2. "The use is allowed as an interim use in the applicable zoning district." Grading to support a
residence is permitted in the LR-1A district.
3. "The use will not delay anticipated development or redevelopment of the site."The proposed
grading activity will be conducted in conjunction with the development of the new single family
home on the Property.
4. "The use will not be in conflict with any provisions of the city code on an ongoing basis."The
proposed grading activity will not be in conflict with the Code.
5. "The use will not adversely affect the adjacent property, the surrounding neighborhood, or
other uses on the property where the use will be located." This standard requires that the
proposed grading and improvements must not substantially impair the use and enjoyment of
the properties in the area when compared to the impairment or impact of generally permitted
uses. The result of the proposed grading will not change the intended residential use of the
Property so there should be no change in the use and enjoyment of adjacent properties
resulting from the export of fill materials.
However, activity of importing approximately 315 cubic yards of fill and active grading of the
Property during construction can have a temporary adverse impact on neighbors. The
grading work on the Property as well as the forthcoming construction of the proposed home
could result in additional noise, dust, vibration and traffic on the haul routes and immediate
neighbors. To the degree possible, negative impacts should be limited and mitigated.
6. "The use will not impose additional unreasonable costs on the public." The Owner will be
responsible for keeping debris off of the public roadways. The noise resulting from the trucks
hauling and equipment moving the material in and around the site should be minimized to
the extent possible. The grading and construction project will be monitored by the City
Engineer, building inspectors, and planning staff so as to minimize nuisances during the
project.
7. "The date or event that will terminate the use can be identified with certainty."The conclusion
of the grading activity will coincide with the finalization of the construction of the proposed
home on the Property. An as-built survey will be submitted by the Owner to confirm
compliance with the approved grading plan at the closing of the permits.
8. "And,the applicant agrees in writing to any conditions that the city council deems appropriate
for the use, including a requirement for a financial security to ensure removal of all evidence
of the use upon termination, and restoration of the site to prior or better conditions. The
conditions shall be set forth in a development agreement between the property owner and
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RESOLUTION OF THE CITY COUNCIL
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the city,which agreement shall be recorded with the Hennepin County Recorder or Registrar
of Deeds."The conditions of approval will be documented as required.
CONCLUSIONS. ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-305 to allow redevelopment of the
Property having substandard area and width; and Section 78-1279 to allow construction of
portions of a lakeside terrace elevated more than 42 inches above existing grade 5.5 feet
lakeward of the average lakeshore setback line; and Section 78-1700 to permit redevelopment of
the Property resulting in 29.3% hardcover where 25% is permitted and where 29.6% currently
exists; and an IUP pursuant to Orono Municipal Zoning Code Section 78-1276 to conduct land
alterations 315 cubic yards of fill within the 75-foot setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The project shall conform to the following:
a. Hardcover variance:The approved hardcover level of 14,320 square feet(29.3%)
according to the site plan attached to this Resolution as Exhibit A;
b. Average lakeshore setback variance: The approved average lakeshore setback
encroachment for the terrace as shown in the average lakeshore setback site plan
and exhibits attached to this Resolution as Exhibit B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. 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 11, 2020).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
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RESOLUTION OF THE CITY COUNCIL
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ADOPTED by the Orono City Council on this 11�' day of February, 2019.
ATTEST: CITY OF ORONO:
�
Anna Carlson, City Clerk Dennis Walsh, Mayor
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I Exhibit A
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Ii HARDCOVERAREAS Key PROPOLED SITE% NOTES �
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PARKINGCOURT B 2,760 5.64%
jSTRUCTURALCOVER C 8,210 16J7%
I ; i SIDEWALKS/STEPS/PATIOS D 920 1.88%
LKKS E 110 0.22% i
TOTAL HAROCOVER 14,320 29.25% I
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