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Home My WebLink AboutResolution 6958 II II II II II 11 11 111 11 1 II Doc No T05600495 Certified, filed and/or recorded on Mar 15, 2019 3:09 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 148 Pkg ID 1800599E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1432257 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s�. �� No. b 9 5 8 �'�kFsxo4`` � A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000005 WHEREAS, Steven Schottler and Kimberly Schottler, a married couple (hereinafter the"Applicants"), are the owners of the property located at 2740 Shadywood Road and legally described as: That part of Tract "D", Registered Land Survey No. 420, Hennepin County, Minnesota, lying northeasterly of the southwesterly 7.00 feet, except that part lying northwesterly of a line drawn from a point on the southwesterly line of said Tract"D", 21.51 feet southeasterly from the most westerly corner of said Tract"D",to a point on the north line of said Tract "D" 7.57 feet east from the northwest corner of said Tract «p�� Together with a perpetual easement for driveway purposes over, under, and across the southerly 98.53 feet of the easterly 7.50 feet of: That part of Tract "D", Registered Land Survey No. 420 Hennepin County, Minnesota, lying northeasterly of the southwesterly 7.00 feet, and lying northwesterly of a line drawn from a point on the southwesterly line of said Tract "D", 21.50 feet southeasterly from the most westerly corner of said Tract "D", to a point on the north line of said Tract "D", 7.57 feet east from the northwest corner of said Tract "D", Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, on January 23, 2019,the Applicants have made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-1279 to allow a 26' x 26' roofed, screen porch addition to be constructed up to 14 feet lakeward of the average lakeshore setback line in the place of an existing unpermitted screen porch constructed in 2016 without proper approvals; and 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 WHEREAS, on February 19, 2019, by 5 to 1 vote, the Planning Commission recommended approval of the variance; and 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G,� No. 6 9 5 8 `�kFSH04� 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 #LA19-000005. 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-1 B Zoning District Zoning District. 3. The Property contains 1.0 acre in area. 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 variance: a. Average Lakeshore Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission, the effect of the proposed variance 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance" Construction of a screen porch addition on the residential property is consistent with the intent of the ordinance. Neighbors have indicated that the screen porch encroachment into the average lakeshore setback does not block their views of the lake; therefore this criterion is met. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan."The variances permitting the construction of the screen porch within 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiF ,� No. 6 9 5 8 G `qkESH�� the average lakeshore setback in a residential zone, all while not blocking views 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 propertyin a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the screen porch lakeward of the average lakeshore setback appears to be reasonable as the cove and the unnatural curve of the shoreline causes the extreme setback. The encroachment lakeward of the average lakeshore setback line is supported by neighbors. The adjacent property owners have indicated that they will not be adversely impacted. This criterion is met. b. The plight of the landowneris due to cir�umstances unique to his property not created by the landowner. The visual impact on neighbors' lake views resulting from of the addition is minimal; the home location, and the surrounding home locations were not created by the Owner. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The location of the screen porch addition in the existing location does not alter the character of the locality. This criterion is met. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been the only 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 a screen porch is an allowed use in the LR- 1 B 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. 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G,�' rro. 6 9 5 8 `�kFSH�4� 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The home on the Property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The home on the Property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."There is an existing home on the Property which includes limited lake yard area to construct a conforming screen porch. This criterion is met. 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."The proposed screen porch is not out of character with the neighborhood. The unique shoreline and the cove area in front of the Property provide additional visual separation from the lake. This criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The requested variance would not be for the sole convenience of the Applicants. This criterion is met. CONCLUStONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact variance to Orono Municipal Zoning Code Section 78-1279 to allow a 26' x 26' roofed, screen porch addition to encroach as much as 14 feet lakeward of the average lakeshore setback line; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Council approval is based on the survey dated 01/18/19 by W. Brown Land Surveying, Inc., and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A 8� B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s�, ,� No. 6 9 5 S G `�kESH04� 3. Approval of the variance is conditioned upon submittal of a complete building permit application including plans, specifications and appropriate fees; or submittal of a demolition permit and removal of the illegal screen porch within 90 days of variance approval (Monday, June 10, 2019). Framing inspection must be approved one year from variance approval (by March 11, 2020). 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 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. ADOPTED by the Orono City Council on this 11th day of March, 2019. ATTE T: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 CERTIFICATE OF SURVEY FOR: Nea'3�'w �04.o P�nT _ STEVE SCHOTTLER 9676 COMP � � � 6958 LEGENO // �� ' � `` � � \ — — — F�� / � � . / � , '-'-"—`� Stane Reta n ng Wall �'� � :900.0 Exstng Elevat'on \ ^ �900� Ex'sing Contour °�°:9 �� c• • FounC Iron Monument / � \ O Set Iron Monument / a'9'��,.q_z � Inscnbed ftL5 15230 ��' � �� '� ` � � � � -//� nws � �� PR�PERIY OESCRIPTION� �� / / �;�s � �' � � \\J Om p / TM1at part af Tracc'�',REGISTEREO LANO SURVEY NO 420, �� ' 3 �y � Mennepn County Mnnesola lyng nartheasterly o�lhe �� " / �� e � sauthwesterly]00 feet except thol part lyng northwesteAy of .p.... .. ��\ � � e � �� :� �p a rne e,awn trom a pont on tne so�tnweat�ny i��oi sae � --_ _ ��_�";� �... .,�a � � 5 „ ��. �.,o'�y Tracl"D 21 51 leet southeaslerly fram lhe most westerly �":; � - \ � ��p � ol 5a'd T�act 0� lo a po nt an Ihe nort�I ne o(sa d � a�pe.n \\ / \ � Traclr"D ]57 feel east Irom the noAhwest corner ai saC / QV // s y ' � ' � n Tracl'D ,!rI+y/ • \ /� � � Togelher wlt�c a�perpetualu eazement for erv woY Peasoses aver y�s �g� 5 R'�V/� � ` - �/ ,' N\\\1��0 unGer ond ros lhe so therly 99.5]te t of the terly]50 ' - � B' (7�` 9�O C � ` i.o , e /� �\'��. O leet af: T � ^ ��/ �� ^�\ pJI.S 1 i y��_]� � � `. � That port ol Tract'�'RECISTEREO UND SURVEY N0.420 I I\ � I � y,o o � IIaZ , �"� \\ �w�*EA na��eP��co��<y,u��esoea y�ns nanneneeeny or ma / ,q� � � ' ��I � � outhweeferly].00 leel,ond lying narthweeteriy ai a line drawn � g �,� \,°a. � � I �\� � from a po�nt on m<eoutnweeteny i�n<oi sa�a T.aci'o' '"�'�^J �'G� ' � / ' zi si f«t.e�m�ari�.iy�.om me mo.e we�tenr corne oi aa�a ' ` ' �� '9 T�o�i'o m a Pom a�m��o,tn r��ot:oa T�a�i�v',zn , 0 \ / � . r<.e�a.i�.om en��ann.��c�e.�<.o�,aa r�o�t•o• �s� F` O \ / , I . oe \ °�`�, ^yti' � 4 0�,� � �� . �t� ,a�,� $o�.z Ie ��ye� . .e ��\. .e�.�' ,5 ,� �_ �" . , . Q'S �\ . �� n. i � �\/`1 � \ e �4 '�`` \`\ , ,��?� - �� ' ' °; �, T`,RACT D '��,so `. 'a�s �--'_ � I � Avera9e \s,p\ .:e]e.s / � . v��. . � A]l.0 � ��w' Lakeshore . .s `�'� � Setback /� � k��.,l . �� e�i � �.7.��• I .e� , v \ . . .. ��. � ._._ - -' � `.` / � � �5�?� '�` ��, 1 ��>. ��.p� \ � � 9 \ � ► \ \\ �� \ .� �/// � /.� o S]1.�5__ a3]1♦ � ��/ aG]0.'/ .O vJ EENPoPU.H \ —��// �\ � a'' .e�� 5. �� xR ` �� .e� ° �i l�� \ � � ,an�� i ,� � � � o / � '� \ . y , ,v�. � � 1�� .�ii. �v, en a � ' � �+ .�;� �, ,��/ � d.�. \ ��,� � °� sss., e � . a -� � �s� ',� �o. .ov�._in\/ s \\�\ 9°%° eea ,� � .m�� // � O,L �� q� . .� \� o. ,o / �1.a��.5 Lat Mee ta OHW=46.050 SF p\ � � / �}. HARDCOVER: � � S�R Gb. 9'1 �Ho�ue�e=2.621 SF /y � � P P p aeE Screen ParcF=6l6 SF � � O Biluminaua Oriveway=3,110 SF y � � m�a��m<<�a.oµ�fp.o�_ „2 5F \ � p 9 , O Concrete Side alk nE Stoap=699 SF � L ��a � a�i.e m De<k= 135 SF / \ �� \ e'• � �'� E%CLuOABLE HM�COVER: \ �O � ' / \ 'e�'e e 6 \Occk Allawance=-100 SF �\ O • 5 �� \ 9 .59•a \ � ,��m Total=6.25}SF O \ � �,r� � �9a' = 1].fiS � \ � �\ ,Q O �, .�,;� ��: N "�,�`: , . ^ -All existing builEinq dimen�iona o e mea�ureE�a the linishetl siding � I�� - i ond not lh<building loundation. .9 a.�.= �' � �- -No aearch was made tor any maementa. \\ O .4 0 20 40 fi0 -m�iocacm�or mi�t�r�ues snow�o.�trom��m«ots�rv�e �� t e�me�«��m�r��m a�e/o,r.am pia�,m�o�.n�d ey m��erry amponies and a e approzimate. lllili[y companies should be nafified/or eroct�bcation betore doing ony eyca.allon. \ SCALE IN FEET ,a^ rvo. 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