HomeMy WebLinkAboutResolution 6975 1111 I II II 111 II I I I 1111 II
Doc No A10660995
Certified, filed and/or recorded on
May 21, 2019 9:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 122 Pkg ID 1823406E
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
NO. 6975
G
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A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-330
FILE NO. LA19-000021
WHEREAS, on March 15, 2019, Ben and Katrina Wasscher (hereinafter the
"Applicants"), applied for a variance from the City Code for the property addressed 4775 North
Shore Drive and legally described as:
Lots 8 and 9 and 1.2 of Lot 7 adjacent to Lot 8, Block 6, Bergquist&Wicklund's
Park, Hennepin County, Minnesota (hereinafter the"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 an addition to the home 22.3
feet from the rear lot line where a 30 foot setback is required; 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#LA19-000021.
2. 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.
3. The Property is located in the LR-1 B One Family Lakeshore Zoning District.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6975
G
t�kFSHG��
4. The Property contains 0.44 acres in area and has a defined lot width of 107 feet at the
ordinary high water lever and 129 feet at the 75-foot setback.
5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
6. Applicant has applied for the following variance:
a. Rear Yard (Street) Setback Variance
7. 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 rear yard setback variance is consistent with the
general intent of the Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The variance for an addition to a residence in a residential zone is
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 an addition within the rear yard setback
appears to be reasonable as the owners of the adjacent properties have stated
that they are not adversely impacted; the mature vegetation and topography
separate the Property from the County road.
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The sub-standard setback and size of the Property were not the result of actions by
the landowner. The home is set within the rear yard setback as a result of the
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� NO. 6975
G
SHO
topography, the bluff setback, and vehicle access resulting in the substandard rear
yard setback of the home
c. The variance, if granted, will not alter the essential character of the locality."
The rear yard setback variance will not alter the character of the neighborhood.
The home is situated at a lower elevation than the road; it does not appear that the
requested setback variance to permit the addition will be visible from North Shore
Drive, impact drainage, or adversely impact the adjacent property owners.
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 residential home is an allowed use in the
LR-11B 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 nonconforming lot area and substandard
lot width of the Property is not uncommon in the surrounding neighborhood, nor is the bluff
topography. The setback into the required rear yard is not out of character with the
immediate neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The majority of the homes along this shoreline are set back closer to
North Shore Drive based on the topography and are generally in line with each other.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the rear yard setback variance is
necessary for the preservation of the property right of the Applicant.
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
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6975
G
tgkES H O��
requested rear yard setback variance 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 depth of the Property, the topography,
and location of the existing home create practical difficulties affecting the Property; the
variance is necessary and does not merely serve as a convenience to the owners.
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 an addition to the home 22.3
feet from the rear lot line where a 30 foot setback is required, 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 dated 03/11/19 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 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:
al2d=�_49�er��
Ii
Anna Carlson, City Clerk Dennis Walsh, Mayor
4
PROPERTY ADDRESS:4775 North S
CERTIFICATE OF SURVEY
FOR: KATRINA WASSCHER
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NOTES y399.,.'.... :� 3<5:g'\.` ` NORTH
AREA CALCULATIONS
- BEARING'S SHOW ARE ON ASSUMED DATUM. \�' � ��••••.,
t.
- CONTRACTOR TO VERIFY HOUSE DIMENSIONS, i<, x TOTAL LOT- ±19,250 7 .
'� 938.2•., ��.
r Existing House - ±1,717 Sq. Ft.
AND SEWER AND BASEMENT DEPTHS.Thi
Proposed Addition - ±269 Sq. Ft
- itle survey was prepared without the benefit of 928.e Existing Front Sidewalk - ±247 Sq. Ft.
titlework. Easement, appurtenances and encumbrance14 '. Existing Bit. Driveway- ±1,763 Sq. Ft.
may exist In addition to those shown hereon. This �'• Existing Beek ri ±378 Sq. Ft
survey Is subject to revision upon receipt of a title (Supplied by owner) Exalting Cant- ±10 Sq. Ft
Insurance commitment or attorneys title opinion. Existing Shed - ±48 Sq. Ft (to be removed)
- This survey was completed Feb. 12th, 2014, in LEGAL DESCRIPTION Existing Stone Steps- . Ft Sq. b
the middle of the Minnesota snow/winter season. Lots 8 and 9 and 1/2 of Lot 7 Ex, Ret. Walls - ±596 Sq. Ft. (±85 sq. ft to be removed)
There may be improvements/features in addition to adjacent to Lot 8, Block 6, Existing Wood Stairs - ±113 Sq. Ft
those shown hereon that were not located due to BERQUIST h WICKLUND'S PARK, Ex ervoua w eke Stairs
vac. ±5,090 a ft. _ ±26.4X
snow/ice cover. Hennepin County, Minnesota. p n ( q )
1 hereby certify that this plan, survey or report was prepared by
me or under my direct supervision and that I am a duly Licensed ACRE LAND SURVEYING ,
Land Surveyor under the lows of the State of Minnesota.
PJOB#15063BS Zaan,�17yow763238 .acrelandaurveyC�gmail.com
JO HUA P. SCHNEIDER Date: 3-11-19 Reg. No. 44655
C+\Users\Josh\OneDrlve\Land Desktop 2008\15063bs-Bergqulst 6 Wicklund's Park\dwg\15063bs,dwg 3/11/2019 1004 PM CDT
6975
Resol. No.
Exhibit B
LA19-000021
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