HomeMy WebLinkAbout#6597-variances-2016 0
Doc No A10300696
Certified, filed and/or recorded on
Apr 1, 2016 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 120 Pkg ID 1373924M
Document Recording Fee $46.00
Document Total $46.00
PID(s)
05-117-23-33-0016
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 659,
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330 and 78-1275
FILE NO. 16-3806
WHEREAS, on January 20, 2016, Michael G. Ladd and Carol A. Stainbrook, a
married couple (hereinafter the "Applicants"), applied for variances from the City Code for the
property addressed 660 Tonkawa Road, and legally described as:
Lot 3, Parten Point First Division, 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 redevelopment of the Property
which is 38,365 square feet or 0.8 acre in area and which has 101 feet in width at the ordinary
high water level (hereinafter the "OHWL") and 102 feet at the 75 -foot setback from the OHWL
where 43,560 square feet or 1.0 acre in area and 140 feet in width is normally 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 the proposed home to be
situated at least 50 feet lakeward of the average lakeshore setback line; and
WHEREAS, on February 16, 2016, 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 16, 2016, the Planning Commission recommended
approval of the variances; and
WHEREAS, on March 14, 2016, 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:
ITS OF ORONO
RESOLUTION OF THE CITY COUNCIL
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #16-3806. 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.
3. The Property contains 0.8 acres in area and has a defined lot width of 101 feet in width at
the OHWL and 102 feet at the 75 -foot setback from the OHWL.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District. The proposed plan results in 24.9% hardcover
5. Applicant has applied for the following variances:
a. Lot area variance
b. Lot width variance
c. Average Lakeshore setback variance
6. 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
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 lot area, lot width variances requested are
consistent with the general intent of the Ordinance. The requested average lakeshore
setback variance is in harmony with the Ordinance as the most adjacent neighbors' lake
views will not be impacted by the Applicants' new home.
2. "Variances shall only be permitted ... when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of a single
family residence on the Property in a residential zone are consistent with the
Comprehensive Plan.
N
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
6597
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 portions of the proposed home lakeward of the
average lakeshore setback line appears to be reasonable;the mature vegetation and
topography separate the Property from the immediately adjacent neighbors.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The sub -standard size of the Property is not the result of actions by the Applicants.
The neighboring home to the north is set back further from the lake than most of
the surrounding homes resulting in the severe average lakeshore setback applied
to the Property.
c. The variance, if granted, will not alter the essential character of the locality. "
The minor nature of the lot area and lot width variances will not alter the character of
the neighborhood. It does not appear that the requested variance to permit portions
of the new home lakeward of the average lakeshore setback line will adversely impact
views of the lake currently enjoyed by the adjacent property owners.
4. "Economic considerations alone do not constitute practical difficulties." The Applicants have
not requested consideration for economic reasons.
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 criterion 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." Construction of a single family residence on the Property in a residential zone is
consistent with the Zoning Code and the Comprehensive Plan.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This criterion is not applicable.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO 659?
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The nearly conforming, yet substandard lot
area and lot width of the Property are not uncommon in the surrounding neighborhood.
The extreme setback of the northerly home is not in 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 south of the Property are closer in proximity to
the lake and are more consistently in line with each other. The home on the lot to the north
is set back further than the other immediately adjacent homes.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant' The requested variances to allow redevelopment
of the Property are reasonable and necessary.
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 variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The size of the Property; the topography
and location of the adjacent home to the north create practical difficulties affecting the
Property; the variances are necessary and not merely serve as a convenience to the
Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of the
Property which is 38,365 square feet or 0.8 acre in area and which has 101 feet in width at the
OHWL and 102 feet at the 75 -foot setback from the OHWL where 43,560 square feet or 1.0 acre
in area and 140 feet in width is normally required; and a variance to Orono Municipal Zoning Code
Section 78-1279 to allow the proposed home to tie situated at least 50 feet lakeward of the
average lakeshore setback line, subject to the following conditions:
1. Council approval is based on the survey by Gronberg and Associates dated 11/01/13 and
revised 01/14/16 and building plans submitted by the Applicants and annotated by City
staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which
are not in conformity with City codes may require further Planning Commission and City
Council review.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 59 7
2. 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 (March 14, 2017)
3. Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. The undersigned Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the Property.
ADOPTED by the Orono City Council on this 14th day of March, 2016.
ATTEST: CITY OF ORONO:
Nand'Tiegs, City Clark Lill Tod McMillan, Mayor
Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORO NO
RESOLUTION OF THE CITY COUNCIL
NO, 6597
Property Owner
This instrument was acknowledged before me this i day of , 20,, by
Michael G. Ladd, husband of Carol A. Stainbrook.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of 24 by
Carol A. Stainbrook, wife of Michael G. Ladd.
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Resolution
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STATE OF MINNESOTA )
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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 14, 2016 with the original thereof on file in
my office, and the same is a correct transcription thereof.
jny hand officially as such City Clerk and the Corporate seal of the
} t #d 21 sY% arch, 2016.
.o.
i Clerk
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