HomeMy WebLinkAboutResolution 6957 Doc No A10643076
Certified, filed and/or recorded on
Mar 15, 2019 3:07 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 147 Pkg ID 1800598E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� G�� No. 6 9 5 �
t�KESHO��
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1; 78-350; 78-1279; 78-1282; 78-1680; 78-1601; AND 78-1700;
FILE NO. LA19-000004
WHEREAS, on January 23, 2019, Joshua Jabs and Nicole Jabs, a married couple
(hereinafter the"Applicants"), applied for a number of variances from the City Code for the property
addressed 3369;Crystal Bay Road and legally described as:
Lot 14, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County,
Minnesofa (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for the
following variances to Orono Municipal Zoning Code to facilitate the redevelopment of the
Property with a new residence:
• Lot Width and Lot Area Variances: Section 78-350 to allow construction of hew home on a
substandard lot with 0.13 acre or 6,041 square feet in area where 0.5 acre or 21,780 square
feet in area is required; and 48 feet in width where 100 feet in width is required; and
• Rear Yard Setback Variance: Section 78-350 to permit the new home to be constructed 23.7
feet from the rear lot line (deck is proposed 15 feet from the rear lot line)where a 30 foot rear
setback is required; and
• 75-foot Hardcover and Building Setback Variances: Sections 78-1279; 78-1680 & 78-1700 to
permit the proposed home to be set back 70 feet from the ordinary high water level where a
75 foot setback is required for both buildings and hardcover; and
• Driveway Width Variance: Sections 78-1282; 78-1680; and 78-1681 to permit an 11.5 foot
wide driveway within the 75-foot setback where an 8 foot maximum width is allowed and a
minimum width serving the garage corresponding with the 25 foot wide garage door; and
• Defined Building Height Variance: Sections 78-1 and 78-350 to permit the restored grade of
946 foot spot elevation/contour to be considered "highest existing grade" for the purpose of
building height determination.
WHEREAS, on February 19, 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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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti�, G�� No. 6957
`�kES HO��
WHEREAS, on February 19, 2019, the Planning Commission recommended
approval of the variances; and
WHEREAS, on March 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 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 #LA19-000004. 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-1C One Family Lakeshore Residential Zoning District.
3. The Property contains 0.13 acres in area and has a defined lot width of 48 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according td the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance[s]:
1. Lot Width and Lot Area Variances.
2. Rear Yard Setback Variance.
3. 75-foot Hardcover and Building Setback Variances.
4. Driveway Width Variance.
5. Defined Building Height Variance.
6. In considering this application for the proposed variances, the Council has considered the
advice and recommendation of the Planning Commission and the effect of the proposed
variances 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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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti�, �� No. b 9 5 7
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t�kESH���
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variances are in harmony with the
purpose of the Ordinance. The Property includes difficulties in its small size and width,
manipulated topography, and proximity to the lake. The property is also challenged by
Crystal Bay Road which runs through the lake yard. The average lakeshore setback is
proposed to be met protecting views of the lake for adjacent properties.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to develop a nonconforming lot of record
are consistent with the comprehensive plan.
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 request to permit construction of the home on the substandard lot, in the
proposed location within the lake, and rear yard setbacks, appears to be somewhat
reasonable as the Property's diminutive size and it's orientation with respect to the
lakeshore, Crystal Bay Road, and adjacent properties create difficulties. The
hardcover level, grade correction, and encroachments proposed within the lake
yard appear to be reasonable.
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The uniquely small size, location with respect to the lake and roadway, and
required setbacks prevent a residential footprint consistent with the neighborhood.
The proposed hardcover level and necessary grade correction are unique to the
Property.
c. The variance, if granted, will not alter the essential character of the locality."
The variances are requested in order to permit construction of a home designed
to fit the character of the neighborhood according to the submitted information.
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���p CITY OF ORONO
RESOLUTION OF THE CITY COLTNCIL
y� G�,� No. 6 9 5 7
t�kESH���
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.
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 residence is an allowed use in
the LR-1 C 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 Property's substandard size and
orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties
create difficulties which also apply to many of the properties in the same neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's substandard size and orientation with respect to the
lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply
to many of the properties in the same neighborhood. However the past grade manipulation
of the installation of retaining walls is unique to this Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting lot area, lot width, rear yard and lake
setback variances are necessary for the preservation of the property right of the
Applicants. The hardcover, driveway width, and proposed building height variances are
also necessary to the preservation of this same property right.
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 the
requested hardcover, driveway width, height, lot area, lot width, rear yard and lake setback
variances in this unique situation is not contrary to the intent of the zoning chapter.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The variances for lot width, lot area, and
lakeshore setback are necessary, and do not merely serve as a convenience to the
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�-��p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�, ,� No. 6 9 5 7
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t�XESH���
Applicants. The additional variances are also necessary as the Property has considerable
practical difficulties affecting development.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following variances to allow redevelopment of the Property as contemplated in the proposed
plans:
• Lot Width and Lot Area Variances supporting redevelopment of a substandard lot with 0.13
acre or 6,041 square feet in area where 0.5 acre or 21,780 square feet in area is required;
and 48 feet in width where 100 feet in width is required; and
• Rear Yard Setback Variance of 23.7 feet from the rear lot line (deck is proposed 15 feet from
the rear lot line)where a 30 foot rear setback is required; and
• 75-foot Hardcover and Building Setback Variances to permit the proposed home to be set
back 70 feet from the ordinary high water level where a 75 foot setback is required for both
buildings and hardcover; and
• Driveway Width Variance to permit an 11.5 foot wide driveway within the 75-foot setback
where an 8 foot maximum width is allowed and widening to a minimum width serving the
garage corresponding with the 25 foot wide garage door; and
• Defined Building Height Variance to permit the restored 946 foot elevation contour to be
considered "highest existing grade" for the purpose of building height determination, all
subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey and hardcover calculations dated
01/17/19 by Gronberg & Associates and building plans dated 01/23/19 submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A 8� 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 Applicants, 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 (March 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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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� �� No. 6 9 5 ?
G
�'�kFSHo�`�'
ADOPTED by the Orono City Council on this 11�'day of March, 2019.
ATfEST: CITY OF ORONO:
nna Carlson, City Clerk Dennis Walsh, Mayor �
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Exhibit A1 6 9 5 T
CERTIFICATE OF SURVEY FOR
JOSHUA AND NICOLE JABS
OF LOT 14, WALLACE'S ADDITION TO
THE VILLAGE OF MINNETONKA BEACH
HENNEPIN COUNTY, MINNESOTA
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PROPOSEC EL.EVATIONS : (per crch!tect, ver�(y)
1� Gara9e = 938.5
2) Main flocr = 950.a�
3) Top of foundation =
� LEGAL DESCRIPTION:
Lot t4,WALLACE'S ADDITION TO THE VIILAGE OF
MINNETONKA BEACH
This survey inlenAs to show the boundaries of the aDove tlesciDed property.
an existiny houx antl garage,lo be rcmoved,aM topography,and tl»propouM
locatwn of a proposed Iwuse,Erivewry ard greAes V�ereo�.It Ooes not mlmd
0 20 40 $0 to strow any omer imorwemena a encroxtvnents.
��' I •:penotes found iron marker
���� ;� ��:Denotes xt iron marker
--95a--:Derates existirg contour
930 DEr1de5 pfOQOSCd COnlOuf
SCALE IN FEET soe} :DanotesD�oOo��elevatan
Basis for Oeanngs is on an auumed tlaNm.
,e�as ca.Wrc�-x:u.s�
'"^"P'°M1°'""'°'"'°'°"'"°"""°°" ����� GRONBERG 8 ASSOCIATES,INC.
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1-7-19�HAROCOVER ADDEO wsdmawiewrw �`-�0' CIVIL EN6INEER3.LAND SURVEYORS,UND PUINNERS
i-n-ie�vrs eo r�ouse ADDEo_� +e-ase 145 N.WILLOW DRIVE LON6 LAKE,MN 55356
.. . a��-��-.9 F, 1� PHONE:952�73�4147 FA7(:952�73�135
16389
6957
City of Orono Exhibit A2
�o�vo Hardcover Calculation Worksheet
PropertyAddress: �3�9 CRy,tr�c dAr ,ta,�D CT.��9S�
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`'+�JNo•` Preparedby: GRQ��F�� + AJIoc��TES, ��vc. Date: �-�7-�9
Storrnwater Quality Overiay District Tier. (Circle one) ier Tier 2 Tier 3 Tier 4 Tier 5
Step 2: OPOSED HARDCOVE
In the following table, identify a items of proposed hardcover on the property, keyed by letter to CBrtficate of
Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as
well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict
proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at
the 75'setback tine and calculate hardcover square footage separately for each portion.
Key to Hardcover Item(Describe) Length x Width Total
Surve S uare Feet
Exam le Ga 24'x 30'
T20 S.F.
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1 Total P ed Hardcover S S.F.
Excludabk Hardcowr S«C Code Sec 78-1634:
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2 Total Excludable Hardcover y S.F.
3 Net Pro sed Hardcover SubVad line 2 irom line 1 2 / S.F.
4 Total Lot Area 7 O e� �I�t f A — i N C T GAD ro - O S.F.
Proposed Hardcowr Peresntage [(3)+(4)] .�9. 9/ %
Subdivislon Applicatlon-Janusry 2016 Thls is en IMormatbn padcet regarding Hardcover. Ev�ery efl'orf has baen made to
ensure the accuracy of the lnfamatFon contained here/n;however,if any informatlon!s
not consistent wlth prov7sions of the C/fy Code,the Code provlsions wlll preva!!.
Page 19
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