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Home My WebLink About#6811-variances-2017Existing Certs 1453405, 663149 Doc No T05600045 Certified, filed and/or recorded on Dec 19, 2017 11:37 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1637127E Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total This cover sheet is now a permanent part of the recorded document. $66.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 11 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. 17-3970 WHEREAS, on August 29, 2017, William Dunkley and Susan Dunkley, a married couple, (hereinafter the "Applicants"), are the owners of 2709 Walters Port Lane and 2710 Pence Lane, legally described as: 2079 Walters Port Lane: Lot 4, Block 3, Walters Port, Hennepin County, Minnesota And 2710 Pence Lane: Lot 1, Block 1, Carman Bay Heights, Hennepin County, Minnesota (hereinafter collectively the "Property"); WHEREAS, the Applicants have made application to the City of Orono combine 2709 Walters Port and 2710 Pence Lane into one buildable lot through the Subdivision Exception process; 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 an addition to the existing home 57 feet from the OHWL where a 75 -foot setback is required, and entirely lakeward of the average lakeshore setback established by 2707 Walters Port and 2715 Pence Lane; 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 an addition to the existing home resulting in approximately 130 square feet of additional hardcover and structure within the 75 -foot setback; 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 retaining walls and a driving path to the lake within the 75-foot'setback; and WHEREAS, on October 16, 2017, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 11 WHEREAS, on October 16, 2017, the Planning Commission recommended denial of the variances primarily due to the fact that the original request included the retaining walls within the 75 -foot setback which has since been removed from the request; and WHEREAS, on November 27, 2017, 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 #17-3970. 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. A request has been submitted by the City at the Applicants' request to Hennepin County to combine the two separately addressed properties into one tax ID resulting in the combined Property. This request does not create any new non -conformities and will be approved. The Variance analysis has been completed assuming the lots have been combined. 3. The Property is located in the LR -1 B One Family Lakeshore Residential Zoning District. 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. Lake Setback Variance b. Average Lakeshore Setback Variance c. 0-75 foot Hardcover 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. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The existing home on the Property is situated entirely within the 75 -foot setback. The proposed addition by nature of the connection will encroach approximately 20 feet into the 75 -foot setback, the balance of the addition will be beyond the 75 -foot setback. The addition will be connected to the existing home in the location of the open hot tub deck area which will also become enclosed. Likewise the addition will encroach entirely lakeward of the average lakeshore setback line based on the homes at 2707 Walters Port Lane and 2715 Pence Lane. The configuration of the Property and the adjacent properties functions like a peninsula. This criterion is met regarding the addition. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposal to construct additions to the existing home in the most conforming manner possible is consistent with 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 proposed addition will increase the bulk and massing on the Property which is already non -conforming. The location of the existing home and adjacent homes offer limited opportunity to construct additions to the Applicants' home without variances. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property is configured as a peninsula creating an average lakeshore setback line which cuts through the Property. The house was constructed within the 75 - foot setback because the Property did not have the depth to construct a conforming home. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The majority of the additions will be toward the rear of the Property; the visual massing of structure and additional hardcover within the 75 foot setback is minimal and will not alter the character of the locality, particularly when viewed from the lake. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 11 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 addition 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 2709 Walters Port Lane property is substandard with respect to area and width for the district, and is oriented similarly to a peninsula. The existing home is situated as close as 25 feet to the OHWL. These conditions are unique to the property. 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 existing property where the house is located is substandard with respect to area and width for the district, and is oriented similarly to a peninsula. The existing home is situated as close as 25 feet to the OHWL. These conditions are unique to the property. 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." There are very limited areas where a conforming addition to the home can be constructed. The variances are necessary for the preservation of a 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." The intent of the zoning ordinance is to provide an opportunity for development and reinvestment in neighborhoods while reinforcing Orono's goals of lake and natural resource protection, while preserving the unique neighborhood character. The Applicants are proposing to construct additions to the home which are designed to limit the impact to the lake and the neighborhood. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 11 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." There are no legal expansion opportunities for the Applicants to improve the existing home on this newly combined 4.57 acre Property. 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 construction of an addition to the existing home 57 feet from the OHWL where a 75 -foot setback is required, and lakeward of the average lakeshore setback; and grants a variance to Code Section 78-1279 to allow construction of an addition to the existing home resulting in approximately 130 square feet of additional hardcover and structure within the 75 -foot setback, 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 October 25, 2017 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. Construction shall not commence until the lot combination for the Property has been received and processed by Hennepin County. 5. 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 (November 27, 2018). 6. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL • • i ADOPTED by the Orono City Council on this 27th day of November 2017. 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