HomeMy WebLinkAboutResolution 6966 II 11111 11 1 1 11 1 Il II
Doc No T05609685
Certified, filed and/or recorded on
Apr 29, 2019 3:18 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 102 Pkg ID 1815298E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1478083
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 6 6
`gkESHOQ`0
A RESOLUTION
APPROVING VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330; 78-1279; AND 78-1680
FILE NO. LA19-000007
WHEREAS, on February 18, 2019, Donald Haberman and Heidi Haberman, a
married couple (hereinafter the "Applicants"), applied for a variance from the City Code for the
property addressed 2799 Pheasant Road and legally described as:
Lot 12, Pheasant Lawn,Hennepin County,Minnesota(hereinafterthe"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of a lot of record
0.7 acre in area and having 123 feet in width at the ordinary high water level (OHWL) and 111
feet in width at the 75-foot setback where 1.0 acre in area and 140 feet in width are required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the home with
a larger building envelope 24 feet lakeward of the average lakeshore setback; and 61.2 feet from
the OWHL where a 75-foot setback is required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow 945 square feet of hardcover
within the 75-foot setback where no hardcover is permitted; and
WHEREAS, on March 18, 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 March 18,2019,the Planning Commission recommended approval
of the variances conditioned upon reduction of the portion of new lakeside patio within the 75-foot
setback; and
WHEREAS, on March 20, 2019 asquested by the Planning Commission, the
Applicants provided a revised plan reflecting a 173 square foot reduction of the proposed lakeside
patio within the 75-foot setback from 462 square feet to 289 square feet;
I
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6966
�gkFSHo�``
WHEREAS, on April 8, 2019,the City Council reviewed the application,the revised
plan, the recommendations of the Planning Commission and City staff, and the draft language for
an approval resolution which reflected a hardcover increase in the 75-foot setback; and
WHEREAS, on April 22,2019,the City Council approved the variance, maintaining
the existing square footage of hardcover within the 75-foot setback; 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 #LA19-000007. 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.
3. The Property contains 0.7 acres in area and has a defined lot width of 123 feet at the
OWHL and 111 feet at the 75-foot setback.
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[s]:
a. Lot Area Variance
b. Lot Width Variance
c. 75-Foot Setback and Hardcover Variances
d. Average Lakeshore Setback Variance
6. The subject property includes 701 square feet of hardcover in the 0-75 foot lake yard,
excluding retaining walls.
7. The 701 square feet of hardcover includes 388 square feet of building, and 313 square
feet of other hardcover.
8. In considering this application for 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
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6966
SHo��
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 . . . ."The proposed variances are in harmony with the purpose
of the Ordinance. The lot includes difficulties in its substandard size and width, location of
adjacent homes, and the existing home's proximity to the lake. The average lakeshore
setback variance will not further impact 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 average lakeshore setbacks, appears to be
somewhat reasonable as the Applicants are proposing to build within the existing
lakeside footprint, the Property's nonconforming size, and the neighboring homes'
orientation with respect to the lakeshore, and adjacent properties creates
difficulties. The hardcover level, and building encroachments proposed within the
lake yard and average lakeshore setback do not exceed existing setbacks and do
not appear to be unreasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The nonconforming lot size, the existing home's location with respect to the lake
and the neighboring home locations prevent a residential footprint consistent with
the neighborhood. The proposed overall hardcover level is conforming. The
circumstances are unique to the Property; and
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
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6966
G
`gkFSHo��
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 residential home 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.
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, and the setback from the lake of the adjacent
homes creates difficulties for the Applicants in redeveloping the Property consistent with
the homes in their 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 nonconforming size and the relationship between the
existing home and the setback of the adjacent properties create difficulties for the
Applicants.
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, hardcover, average
lakeshore and lake setback variances are necessary for the preservation of the property
right of the Applicants.
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, lot area, lot width, average lakeshore setback 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 requested variances for lot width, lot
area, and setback are necessary, and do not merely serve as a convenience to the
Applicants.
4
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6966
G
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 Section 78-330 to allow redevelopment of a
lot of record 0.7 acre in area and having 123 feet in width at the ordinary high water level (OHWL)
and 111 feet in width at the 75-foot setback where 1.0 acre in area and 140 feet in width are
required; and Section 78-1279 to allow construction of the home with a larger building envelope
24 feet lakeward of the average lakeshore setback; and 61.2 feet from the OWHL where a 75-
foot setback is required; and Section 78-1680 to allow a maximum of 701 square feet of hardcover
within the 75-foot setback where no hardcover is permitted in conjunction with redevelopment of
the Property; subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the revised, annotated survey dated 03/20/19 and
building plans 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 (April 22, 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.
ADOPTED by the Orono City Council on this 22nd day of April, 2019.
ATTEST: CITY OF ORONO:
nna Carlson, City Clerk Dennis Walsh, Mayor
5
LEGAL DESCRIPTION. �\ Pheasant Road _
Lot 12,PHEASANT LAWN.Hennepin Conran,Minnesota. �qr "-929.!Cprtau- —
LOT AREA=31,342 SQUARE FEET
SCOPE OF WORK&LIMITATIONS: ————— \ -�•=9- - .r.
1. Showing the length And direction of bou danlines of the legal description listed above. The scope of our servicer does not include
determirmng what you c—which is a legal mover. Please check the legal description with yorr records or consult with competent legal
unue1.if neceamrn.to make sure that it is corral and that any matters of record,swch as comments,that you wish to be included on the *w�
survey have been shown. Q y Yes e,•
2. SMwmp the location of observed existing improvwx ements deem surve
necessary for the y.
3. seeing survey markers or vevit;'mg exisMgMe markers to esmblish the comers of the property.
4. Stowing el—bons on the she at selected locations to give some indication of the topography of the site.We hn'e also provided a —_---_
benchmark fm vola use m dale rnin ng elevations for construction m1 this site.The elevations shown relate only to the benchmark provided
on Nis aunty.Use that benchmark and check at least one other feahm,shown on the survey when determining other clermions for use on
this site or tvf beginning construction-
5, This survey las been completed without the benefit of a current title commitment.There may be existing easements or other encumbrances
that would be revealed M'a current title commitment.Therefore,Us survey does not purport to show any easements or encumbrances other
than the ones sh.—hereon. - '-1 'My,':� . rant n 1 x\ \t t•
6. Note that all building dunermom and bmldmg tie dimensions to the property lines,are taken from the siding and or stucco of the building. �„� �r \�\ �••\ \
7. While vire show s proposed location for this Mme m addition,vox are not as familiar with vola proposed plans as you,your architect,m the - �4\ \\ .,..11/ `\` rat 11' I \ \\
builder are. R,,i—our proposed location of the improvements and pmposed yard grades carefully to verify dad they match yma plane �} vx , ` 1 1 �\ \
before Bona ruenon begun. Also,we are not m familiar lvnh local codes and mu mmn requirements as the local building and wni ng v\ \ I .sx9 \ \`� t
oflicids m this commuruN are. Be sure to show Nis sur—to said officials,m am other officials that may have jurisdiction over the �\ � �`\
Imposed improvements and obtain their approvals before begimmco
ng nstnA ion or planning impnwements to the pmF'em'
ev
8, While e show the bldldmg setback lines per the City of Orono web site.we suggest you show Nis surrey to the appropriate city officials to
be sure that the setback lines are shown conectly Du Nis BEFORE you use this survey to design anything for this site. .�),,l� I i j�i \ a ""� "t'�'�'x y�"•'m
STANDARD SYMBOLS&CONVENTIONS
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6966
ADVANCE SURVEYING & ENGINEERING CO.
I hereby certify that this report was prepared by me or under my direct supervision and
that I am a licensed professional land surveyor under the
laws of the State of Minnesota.
17kco'lrnate. �Qo o rrt
Thomas M. Bloom P.L.S. No. 42379
Step 2: PROPOSED HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to
Survey Hardcover Item (Describe) Length x Width Total (Square Feet)
(Example) (Garage) (24'x 30') (720) S.F.
A House (Outside 75' lake setback) 3,571 S.F.
BBituminous Drive (Outside 75' lake setback) 2,980 S.F.
C Front Porch/Steps (Outside 75' lake setback) 144 S.F.
D Side Conc. Pad/Steps (Outside 75' lake setback) 54 S.F.
E Retaining Walls (Outside 75' lake setback) 22 S.F.
F Rear Patio(Outside 75' lake setback) 123 S.F.
G S.F.
H S.F.
I S.F.
J House (Inside 75' lake setback) 388 S.F.
K Stone Steps (Inside 75' lake setback) S.F.
L Rear Patio Steps (Inside 75' lake setback) 289 0of S.F.
M Ret. Walls (Inside 75' lake setback) 151 S.F.
N S.F.
O S.F.
P S.F.
QS.F.
R K+L cannot S.F.
S exceed 313 S.F.
T square feet S.F.
V S.F.
W S.F.
X S.F.
y S.F.
1 Total Proposed Hardcover 7,839 S.F.
Excludable Hardcover See City Code Sec 78-1684
Retaining Walls 173 S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover 173 S.F.
(3) Net Proposed Hardcover[Subtract line (2)from line (1)] 7,666 S.F.
(4) Total Lot Area 31,342 S.F.
Proposed Hardcover Percentage [(3)/(4)] 24.46%
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