HomeMy WebLinkAboutResolution 6972 1111 1111111 I II 111111111
Doc No T05614499
Certified, filed and/or recorded on
May 21, 2019 8:56 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 132 Pkg ID 1823401E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1135165
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE C1ITY COUNCIL
NO.
6972
SHO4�
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA19-000014
WHEREAS, on February 25, 2019, Steven Prawer (hereinafter the Applicant"),
applied for a variance from the City Code for the property addressed 4470 Forest Lake Landing
and legally described as:
Tract B, RLS No. 1472, 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 78-1279 to allow reconstruction of an existing lakeside
deck with minor changes lakeward of the average lakeshore setback; and
WHEREAS, on April 15, 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 April 15, 2019, the Planning Commission recommended approval
of the variance; and
WHEREAS, on May 13, 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 variance 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 #LA19-000014. 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 One Family Lakeshore Residential Zoning District.
1
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6972
G
`gxESHO4�
3. The Property contains 0.43 acres in area and has a defined lot width of 51 feet at the
ordinary high water level and 67 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:
a. Average Lakeshore Setback.
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and 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 . . . ." The variance is minimal and generally consistent with
the intent of the ordinance. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The requested variance is consistent with the residential goals
within the comprehensive plan. This criterion is met.
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 minimal changes to the reconstructed lakeside deck lakeward of the average
lakeshore setback are reasonable on this residential property.This criterion is met.
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The Property's orientation; the distance separation between the subject home and
the neighboring homes; the existing trees separating the homes on either side
combined with the elevation in relation to the lake result in a unique circumstance
allowing for the deck to be almost completely screened from the adjacent homes;
and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 7 2
G
SHOQ`�
c. The variance, if granted, will not alter the essential character of the locality."
The changes to the existing lakeside deck are minimal, will be generally screened
from the neighboring homes, and will not adversely impact views of the lake from
the neighboring homes. This condition is met.
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 residential decks are 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 home and decks are existing and there are
mature property line trees and arborvitae which provide screening. The topography also
situates the Applicant's home and decks out of direct view of the neighbors, the decks will
not adversely impact 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 Applicant's proposal does not appear to be out of character with the
area. 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." The Applicant's request to rebuild the existing
lakeside deck in a more functional footprint is reasonable and necessary. This statement
is true.
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
changes to the existing deck will not impair the health, safety, comfort or morals of the
public. This criterion is met.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� NO. 6972
G
ESHO��
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The Property's orientation; the distance
separation between the subject home and the neighboring homes; the existing trees
separating the homes on either side combined with the elevation in relation to the lake
result in a unique practical difficulties regarding the setback applied to the home and deck.
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 78-1279 to allow reconstruction of the lakeside
deck with minor changes to the footprint, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan and building plans submitted by the
Applicant 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 variance will expire on
that date (May 13, 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 13th day of May, 2019.
ATTEST: CITY OF ORONO:
nna Carlson, City Clerk Dennis Walsh, Mayor
4
6972
Resol. No.
Exhibit A
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1) POST: 6x6 .60 grade ground contact treated post set on top of 12" concrete footing 16" bell
2) BEAM: (3) 2x10 treated glued and nailed together set on top of 6x6 post
3)JOIST: 2x10 treated using LU210 hangers 16" on centerQ 3
4) LEDGER: 2x10 treated attached with 2- 5" ledger locks 12" on center
5) FASCIA: 1x12 Trex Island Mist I
6) DECKING: 5/4x6 Trex in Island Mist with single decking border in Island Mist-outside perimeter
7) RAILING: Railcraft 7000 series aluminum railing cable style with 1 5/8" x 3 5/8" posts powder coated in ro
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5) FASCIA: 1x12 Trex Island Mist Sheet 1 Title Sheet
6) DECKING: 5/4x6 Trex in Island Mist with single decking border in Island Mist-outside perimeter Sheet 2 Project Design
7) RAILING: Redi Rail 100 series with square aluminum balusters and 3" posts in textured black. Sheet 3 Framing Details
8) OPTIONS: Cedar lattice around base of deck- paint not included. Sheet 4 Framing Details
Sheet 5 Project Details
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NOTICE DISCLAIMER AND GENERAL NOTES KEY / LEGEND °`"°
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ALL DESIGNS AND 3-D RENDERINGS THIS PLAN SET, COMBINED WITH THE BUILDINGO FOOTING PLACEMENT
PROVIDED ARE COPYRIGHT PROPERTY OF CONTRACT, PROVIDES BUILDING DETAILS FOR THE y
PRECISION DECKS. ANY DUPLICATION OF RESIDENTIAL PROJECT. PRECISION DECKS WILL
THIS DESIGN IS SUBJECT TO PENALTY VERIFY THAT SITE CONDITIONS ARE CONSISTENT ® RAILING POST PLACEMENT d
AND/OR CHARGES. WITH THESE PLANS BEFORE STARTING WORK. _
WORK NOT SPECIFICALLY DETAILED SHALL BE d F
ALL 3-D RENDERINGS ARE CLOSE CONSTRUCTED TO THE SAME QUALITY AS SIMILAR ® RAILING CAP POST LIGHT PLACEMENT "
REPRESENTATION OF THE PROPOSED WORK THAT IS DETAILED. ALL WORK SHALL BE
DESIGN, BUT NOT EXACT. SITE DONE IN ACCORDANCE WITH STATE BUILDING r m X
DIMENSIONS AND SITE CONDITIONS CODES AND LOCAL BUILDING CODES. TREX WEDGE LIGHT PLACEMENT a x
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