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HomeMy WebLinkAbout#6957 IIII 11 1 111111111 11 1111 11 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1.* NO 695 7 kESH04' 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: Lbt 14, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (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 1 elk OF ORONO RESOLUTION OF THE CITY COUNCIL . • `C NO. 6957 A G 4kESH04- 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 te 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. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 695 7 G <1.05 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 owner in 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 landowner is 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, 3 ,y O4,p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� >� NO. 6957 G ��k@SHO 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-1C 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 4 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6957 ` SH04`- 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&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. 5 e:Wivo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� `� NO. 695 ? t1kESHO ' ADOPTED by the Orono City Council on this 11th day of March, 2019. ATTEST: CITY OF ORONO: /1))/a0e0/ •nna Carlson, City Clerk Dennis Walsh, Mayor 6 Exhibit Al 6 9 5 7 CERTIFICATE OF SURVEY FOR JOSHUA AND NICOLE JABS OF LOT 14, WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH HENNEPIN COUNTY, MINNESOTA �K�M1NNtiTONKA —, —' 3 11111 "-•.- ....414" �-. ‘ ,rte ' N � ,—— \ PROPOSED .•'Eno �, — DRIVEL ly i -- - - a R v,.k5'\ --- 15._ 0i I ---,..—'' 16rya'aE. _N ,.•>: '4,-; ty unwed • . ', \ PROPOSED ,/ \ HOUSE 4 '\ /, /3369 , \ lo• 0' ' .,\ ROUSE �� \\ . e}/ I33)i \ • I'./*. .,. ^yam- 1. '16 44e Y V_3 O 1 RETAINING WNZ, M 4g04pyT i ...„.„,--<1.)0........,.....„..... / 1 /' PROPOSED ELEVATIONS : (per architect, verify) 'T' 1) Garage =1939.51 '� 2) Moin floor >: 950.0 3) Top of foundation = LEGAL DESCRIPTION. Lot 14,WALLACE'S ADDRION TO THE VILLAGE OF MINNETONKA BEACH This Survey Intends to shay the Soundings of the above Outbid property. an existing house and Sing.to W removed.end lopograpny,and the location of a proposed house,driveway end grades thereon.It does 110t ntend 0 20 40 80 to show any other Improvements or encroec rrents. alei*M}4r,*, mumNommil e:Denotes found Von marker apse --a O:Denotes tut Iron marker —•aes--:Denotes contour :Denotes proposed contour SCALE IN FEET a1101:0.0mproposed spot e l euston Basle for bearings Is on an assumed datum. FtEVLSIONS i nom. LT010,444.. .,Me+"° ' '.0., GRONBERG&ASSOCIATES INC. "110114 rn0 ^�L001'r t'n1 e1Y0r°"01' ,Or Oma.ENOINeeRE,LAND BUNVEYOM,LAND PLANNERS 1 t�14 XMGtpv(ElaP�r' tiw.wwawa i.).0 PRG�ow1E PW000 ' reaeo 445 N.WILLOW DRIVE LONG LAKE,MN 55366 ,r/-,L•'7 ..,,,.......[3713 PHONE:0624734141 FAX:952473-4435 16x1 6957 • Exhibit A2 City of Orono ,;;.4-°N0 Hardcover Calculation Worksheet Property Address:04. .7, 69 CRY 1TAL dAr #a414 (748.) `t...,, Prepared by: Date: 6R"I.8fAC + AVocIAru, /A,c, /-/7-/9 Stormwater Quality Overlay District Tier: (Circle one) arm Tier 2 Tier 3 Tier 4 Tier 5 Step 2:l¢BOPOSED HARDCOVER In the following table, Identify allitims of proposed hardcover on the property, keyed by letter to Certificate 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 line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width S uare Survey ( 4 Feet) (Example)_ (Garage) 124'x 30') (720 S.F.) A Noes i E _ 1 5'2 j S.F. B (° cAF# f TOO° Y6 S.F. C AAA lig WA}- $yY S.F. D PECK f_STEPS 9 o S.F. E A ErA�ni�NG mi 6_t S S O S.F. F G _ S.F. H S.F. S.F. I S.F. J S. . K S.F. L S.F. M S.F. N N _ S.F. 0P . S.F. Q S.F. S.F. R S.F. SS.F. - T S.F. u S.F. ✓ - S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 2 SS / S.F. Excludable Hardcover(See City Code Sac 78-1684): 1 c rit 4 .1-re-/t (i/Art /0'0 .r,4-1 90 S.F. E '_ /F rA l AzkA./r mac,.r s Q S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 'Vo S.F. (3) Net Proposed Hardcover 1Subtract Ilne(2)from Zine(1)1 2y// S.F. (4) Total Lot Area 7O S9 4cT AAEA - /028l✓c, Jrn . i9,0,4GAD 5ark rQ#,. 60 Y/ S.F. Proposed Hardcover Percentage ((3)+(4)1 39, 9/ X Subdivlslon RpplicaUon-January 2016 This is an Information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,H any information Is not consistent with provisions of the City Code,the Code provisions will provall. Page 19 6957 i Exhibit B i II SI I 1 iti r 2 -,...1,- 0 MIN I MI 1 .,_ 'El ] li L _ r 1 ` I pi I I 1 1 I�°i I I I I 1 M✓ 1 .r✓ 4. !✓ } N✓ 1 ...✓ 1 r I= RN ie. l: y i In11111H111Iii[, I IIII(IIIII11I111111 *, Pi I 13'1, - - rte 1 1! , ,7� i ^ =- , I #i _ - it I I I Il I l l l l l l f l Il --�, i A Ii 11 y,II w �/ III "" i I 1 Ii I p 1 i - ----i,1 .aw — r-- .4„1 1 . 1 JABS RESIDENCE caeu 'g ,..,,,'!=,,,,,, oil 3x11 CRYSTAL MAY w CR010,MI vaaua eV ..v.�,. �""�" A> El! Ell '...„:.;. ''- ) 6 9 5 ? rr--- . . /7? 12__._.•r A2 -. ). .• --- = d _. ., .,..., ..,,, . , „ i . I 5 ' : li 1 . 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(Th REAR reourw ELEVATION W,re CC,r1a3Hr left I 1 11X.c mos 1,...ae.J.,NC . . 1 ) 1 1 I • f TN a s II V.110* . 411,e' C...-' ..• •-• ' rtiv.-.4,61,WAinft-,,,f-frtz,:-r.4 I F-1 E tl INLI I I r 1 i 1 -41 I ' L / F4 I A-- —— : . .1 • -4- .fiL k (.11)—N kV: f 4 . i • :I, L 1 •'-okr Ti ' ..• 4.No •,Il If .. .. w ilys III .1i Ipor • _ ..:„....-...-",--, ..11 ....._ ,. .:, __....— Z lipi 11 am im § 1 L I I P li ANY% -- ,----- 1111/ .. / :1•'' •1 PO i till :: i' i,. ../ , 1,1 1.; .i I i • i „ .,,,,,,,,,.....,-..Jc...7. : .,77:74777- ”:745., Pat,....:-1.--.• i KY by• PI ° "IliE wpj * "fk Ok NO (3l 1284111NCLOUCELInatia 1161.13/41k i h --...,1 JAI3.5 1:M8IDENCt 31 JANUAltr WS ifoq pc....Ln7x u)) !Pat CRYPTAL BAY Pa, ORONO,ri4 VIO11.4121 eV aamm ,... InENSGYLIIMURAIR WI rt.cdpa rl. .; ir ) i 1 1 1 F 11 l 4. � . I(.0) , � .0. , SII PI 11 kr ,-, „.... , ( > 1.1 .1, . 115. V II e t Alai.!W v 1 w- 1 1111 0 Nii_ Eig. I !V f NY i 0 !I• Vk i '''Il ,4� UI IIIj1L ` ss� be � yilli Op e 10 5 i. .K � i II O, ...O Cr (e. JABS REeI1DENGE u JANUARY Dem 11414 IlfrOt 1T DDIrO DRTSTAL e1A7 RD VPFL4W.E Iii ti � 0fWOO,FN K'� 1 i 1. "1� i2.1 ` II ° , mo-�� NI 1 II ,= _p ,,1. �E(., U TRk il cm ;mi. 1111111111111 . miwm-In , t lir .11.-- 0 1111 A k Z'-6' ...,......._...1.... ..__— -,��-F,— — _ 2'-0".FLAT ROOF BELOW - � ; 7'-6' P-m�"LTT P-0 P , Tr, $ t. - a 2'6• y I AlV tT Al A K! r-6' r-6•.HIGHER FLAT ROOF/ 2'-0'.LOWER FLAT ROOF L ,,, L -s, C7%� , .O ..� Esl,; JA68 RESIDENCE .1. ` :,�a+...11• �l V' D 45 CRYSTAL AY RD vNtl.4tb eEt �_�IMA` I P ORONO,FN STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 11, 2019 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 12th day of March, 2019. I ; . Anna Carlson, City Clerk (seal) r j " i J r. �v *,4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 695 7 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, Minnesota (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 1 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G�k NO. 6957 `4kESHOiL% 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. 2 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G4' NO. 6 9 5 7 `�'ESHO 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 owner in 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 landowner is 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. 3 WC>t CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 9 5 7 '"Esxo/` 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-1C 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 4 �-p�p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� ,t NO. 6957 G `�kESHO 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& 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. 5 �O�p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� ,4. NO. 6957 t'IkESHO1� ADOPTED by the Orono City Council on this 11th day of March, 2019. ATTEST: CITY OF ORONO: / / &92)(6)/ •nna Carlson, City Clerk Dennis Walsh, Mayor 6 Exhibit Al 6 9 5 7 CERTIFICATE OF SURVEY FOR JOSHUA AND NICOLE JABS OF LOT 14, WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH HENNEPIN COUNTY, MINNESOTA µoNNSSONKP 10:-.--:-"-- ____ — •7'N vo .— \_,, 0,:,..,._\toig'°°:_. ..... - 7, ik. , 13 ..5) 14 ',N'. • 0 0 ....—— Y PROPOSED_ — — "F'"'''''' nicer R �` , .\ .. —___ 15 \ .. ‘ % — ... . PROPOSED / HOUSE R . �" ; #33Bs EXISTING _.. HOUSE 1:40E: ! • ms� \ • e .,� ` \'-——-, i '"- :--, . -- IEYSTOnE RETAINING NALL\ i j i o i PROPOSED ELEVATIONS : (per architect, verify) lb — 1) Garage =1939.51 2) Main floor = 951--a- 3) 950.03) Top of foundation = LEGAL DESCRIPTION: Lot 14,WALLACE'S ADDITION TO THE VLLAGE Or MINNETONKA BEACH TM survey Mends le show the borodarwa of the above desobed property an Setting Muse and=a,to be renrovod.and topography and the proposed loraaen at a proposed Ildwa,drinewsy and grades thereon h does not intend 0 20 40 80 to Mos any baro Impromme MS or enaowrroerms 10•1•01.16000 I_I •:Dances*found Man mama, 0:penes set eon meta 'I ^ate —1511--—:Oman manna mnlour els Mimed our SCALE N FEET Di a°"D 0poend a1°abar Bass for bearings Is on an assumed datum min onnic 1-71-111,x, REVISIONS x r�-^►•_ ......r'='-'_-^'^ �t a ` GRONBERG 8 ASSOCIATES,INC. DATE MIMICS AN u+' se unto lw/M'•p t+]o aNa-ENGIMlERa.LAND SURVEYORS,LAND PLANNERS 111 NAADCpv(k ADM ' u.a..aw.era ,. 1-t-» tworoelo Nous[AooEo Gleety a xa 4455 N.WILLOW DRIVE LONG LAKE,MN 55356 -- ....f.=/_ ,7 .....,csw=r.1tyD s PHONE:952-473-414/ FAX:952-473-4435 +11-360 6957 City of Orono Exhibit A2 /:Oat% Hardcover Calculation Worksheet (-•k. 4- Property Address: .7.709 Cit Y I TSI L eA r ,t0,44 (YAKS) Prepared by: Date: GR o�vB F>q G + 115/0C1/170: /otic. /-/7-/9 Stormwater Quality Overlay District Tier: (Circle one) itlipj Tier 2 Tier 3 Tier 4 Tier 5 Step 2:CROPOSED HARDCOVE) In the following table, identify a items of proposed hardcover on the property, keyed by letter to Certificate 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 line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example)_ (Garage) (24'x 301 (720 S.F.) A 4'Oc'JC B C0 EA FP JT0O.p !S2/ S.F. `16' S.F. C Ai u '.14 Y S YY S.F. D DE CK ' .TTEP5 90 S.F. E A f r j n/o�rr LelA1,L S F 5 Q S.F. G _ S.F. H S.F. S.F. I J S.F. _ S.F. S.F. L S.F. M S.F. N _ S.F. 0 P S.F. S.F. S.F. R S.F. S S.F. T S.F. U V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 2 SS/ S.F. Excludable Hardcover(See City Code Sec 78-1684): �i(Le + ;Tr PJ (r"rr /Oa lo:)_ 9p S.F. . F TL A �.}� 3 o S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover /tip S.F. f3) Net Proposed Hardcover fSubtract line(2)from line(1)) 2 y// S.F. (4) Total Lot Area 706-5 4 - A A FA — /028/N ray/TAL AAf /10.0 /Reck 6 0 W S.F. Proposed Hardcover Percentage [(3)+(4)) 39 9/ Subdivision Application-January 2016 This is an Information padtet regarding Hardcover. Every effort has been made to ensure the accuracy of the Information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 6957 i Exhibit B ii I' 1 > a I , \ 1c ti €i a tP In th `..r r I14 111 In 2 IMI 0 , 0 ^TY _ L ,are.. f.-*._-____ _ _ • 7111NNI1IIII1; /N I I VI 1 0 I I I I ! KIM 1 S S — mnY 11MY,� -Iwrlr- 1 _ I r 1.1 I " .. .. 1,,,,\://1 ,7 1 -= 1 III101111[[iIIIIftI 1 pllnlnnnnlm ` 6 B0 14 1 IIIIIIIIIIIIIIII[IIII -� —1O- j _ I D L- 1 1 i llnlunn11IJf ,�.. ra v� �i 1 I '14 Li 1 T��� , I I 1 I IIi I I 1 1 i 1 aM --1,1 — w� I.,p WM JABS!RESIDENCE z,JArcAny;on gO, C- --) 331.5 CRYSTAL DAY RID YNdNYE EE IBIESBIL��� [ > n OI0R70.r11 c, I i t i wr r.n.l l wr r.wl t — Il— ill 1 1 Ii I i 1 I I I 1 1 IILL �- 141111 _- ,'''. n n ,_ M ---N• ti Iti Mil En ti y4- is , t — r 1 1 --la =a,T _T w i ti i Mil �r Imo;' _ _ ,.t "1III111111nI j i M' ti I 11111111 \ P ii . _ - 4 \ , a MB Illllllllf,lllllOE 1 1 W CTI JABS RESIDENCE � '� 23 JA/41417 Zero Oil Artla(1 N 35114 CRYSTAL RAT PO vaaa eer �ram� ""..0\ MONO,MN E i ..__ i i 1 t .F (NS r riM Fir ___, 1r -1 17 ...i VW x ;� i I 2 4 i t 4 L J LJ L J .oma... _�__-•- --.:� � II.111. y mrr .. 1 411,101P # 4'" i .:. MI i 7=f--0,,,,j ,.„ i i i ..".... ___--] !I 4. 11 I OPP III `�: I.,Ile } 1110 11_ F .est n f a� i- A CTI risAitticomacismai, sisamis b ) —,j JABRESIDENCE 23 JANUARY 7555 gal cereta.MAY RO oROMb,MI wwwce BET ' nnara.r, LIMICIALIIIIMIIIM` ai gi _ - 6957 STOW IVARAIMAN 35311 Mt 951,1334.1II is_r j rr - at j 11® — I F 1L j .uxar ' -- ' ° i a XV 461 t • grij .� ` ,._ :. .0. ',: gli§A i. MTI s X\ .141 • rLJis Mg,. I�--I nn •' ' I iii _. ,,, e �E. I ©1 5011AFE FOOTAGE I.-11M•••it •I . _ tii MAIN- NbN 'i•i LOVER FIFL- 118 I '�,. I-= q.r ROOFI6611 ROOF TOP tI it- DECK- 364t ( TOTAL FIN- 31211 O - w 1 U SPORT COURT 560* — 1 y I I II COVERED SAL 131$ Q 1WM ■ • p� N £ . 0 CD MAN LEVEL FLOOR PLAN O UPPER LEVEL FLOOR PLAN w.r+ �caa vav� 7.4. «� m.,.�.� G.a...t 4 OF 5 I 1 I ,! ,,-----11-2, .r.m. F IF rim E _ - - S ; 1r - ,,,..........LP , ,,i II e _ ��I1 )I?I ! t R E'� .0 1 LI!!. � ilk _____,_ .O. I ,,, , 0 illiN 'r b• e. I • 1 2-0"•FLAT ROOF BELOW I / s 2.-6" / I I'-0" /L7 / l'-0' m$� " LI, tiT it bi _ sl 2'-b" :1 4'.y tis ii l'-6°•uru ,IiiER FLAT ROOF I ' 1 I : LI, a,� 2'-0'•LOWER RAT ROOFj'if ,� L •o f (cn JABS RESIDENCEilTert 1.1,19. '` 29 JANUARY WI _____ >C54 \ 5 V" S'JL7 CRYSTAL Y 1® VARIANCE BEYROM MAN �3M1� g� ^ rex € • .__�: j STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 11, 2019 with the original thereof on file in my office, and the same is a correct transcription thereof WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 12th day of March, 2019. Anna Carlson, City Clerk (seal)