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Home My WebLink AboutResolution 7007 1111111111 11 111 11 Doc No T05637719 Certified, filed and/or recorded on Aug 20, 2019 9:04 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 144 Pkg ID 1861896E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1485982 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 0 07 tAkESHo A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000050 WHEREAS, on June 19, 2019, Eric Vogstrom,the owner of the property(hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 2710 Pence Lane, and legally described as: Lot 2, Block 1, Pence Lane Addition, 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 78-1279 to allow retaining walls within the 75- foot lake yard in conjunction with construction of a lake access stair; and WHEREAS, on July 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 July 15, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on August 12, 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 #LA19-000050. 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. 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti fi NO. 7007 t�kESHO 2. The Property is located in the LR-1 B One Family Lakeshore Zoning District. 3. The Property contains 1.47 acres in area. 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. Lake Setback Variance 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs, which are permitted by ordinance. 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. 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 use of the Property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G NO. 7007 `gkFSH0�� The proposed lake access stair and retaining walls do not result in hardcover exceeding 25% for the Property and the walls are excluded from the calculation total. The slope of the lakeshore requires stairs for dock and lake access; c. The variance, if granted, will not alter the essential character of the locality." The variance to permit construction of the walls to support the stairs within the 75- foot setback will be less visible and more functional than an above grade stair. The retaining walls will not change character of the locality. 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 retaining walls 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 topography of the Property increases as it moves away from the lake and the proposed stair improvement is necessary for access to the lake. It is reasonable to permit the type of stair the owner has proposed in addition to the retaining walls to support such stair system. The retaining walls will not adversely impact adjacent properties. 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. The walls will not encroach nearer to the lake than the stair and can be screened from view from the lake. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting a lake setback variance and to allow the construction of the retaining wall supported stair system within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner. 3 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL FSHO�� NO. TOOT G 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 lake setback variance allowing the retaining walls within the 75-foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of retaining walls within 75 feet of the OHWL. 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 retaining walls within the lake yard, 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 and plan dated 06/18/19 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A& B. 3. The Applicant shall submit an acceptable landscape plan which provides screening of the retaining walls when viewed from the lake with the building permit application. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 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 (August 12, 2020). 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 7007 SH0 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. ADOPTED by the Orono City Council on this 12th day of August, 2019. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 CERTIFICATE OF SURVEY FOR 7 O 07 ERIC VOGSTROM Resol. No. / 1 OF LOT 2, BLOCK 1, PENCE LANE ADDITION Exhibit A HENNEPIN COUNTY, MINNESOTA LA19-000050 `,,Tt1LT )V _0\7 I a, 1 1 0 30 60 120 11 o l� >;-5 89-06'06"E SCALE N FEET �$ L _----.--------- ai -i 89.06.06'E 119.91—S/ II p HVOPOSED ELEVATONS:(per D~.verirY) 1)Gwup a ------ 2)Top of IouMatlon-9a99 - _ � � ��-•Q6 {� m ])LSan flaws M � a)DaeMNnt ® u+ g D �lll i i Ill � ,l LEGAL OESCPoTON OF PREMSES Lot 2,Bloc 1,PENCE LANE ADDITION I I I D o demlea iron h—kw wt DWAIN406 ANO .Y�' , lI1LRY fA9AlNT�..� I Z •: Oemtea iron morkw IouM / _,. (9065)� dergtea eaialirg apol ekvol�on,meN�»a brN datum , / I �G; t®: eemtea popote,I spot abvoc" / n -917-- demtee ealatog contour Nne,per coohty p amore popo,ea cantor line ^e.wirya r,o.n we eased won on o—hed dot— , J Tna wr :mem,m enow 6N eowawtes or the above dee«iMd poP.rer.theIr- be.ich or m..mt;ly drivaw."to rmmin.aaiatl tg loPogapnY•Der colnlY maDe. -. am lM popoaed bcalwn or o p000ee,I;='I,elarway,drive+aY and gale -'- ttlneon.11 doe,net p port to eMW ony other encroact9nenb or irtgrovemenb. ------ _-' / i ,� �; —..,o — SLOT 1 is I Lnr $ ! / /LOT 2 i Z O \ EXISTING /� / 4p I I \ HOUSE %i ... Y2709 i—r------------ � • a/ i__- � e 88.54.17'W 146.50-- - O 11 , <0, I S , I ;I I 1s ,�, , � '� 1 IIII • I. I, e r � I 1'l', I ,P E)aSTHOUSE s^ , QetN71 -.^ IN d� LAKE MINNETONKA CARMAN'S BAY/OLD CHANNEL BAY PROJECT GRONBERG AL ASSOCIATES, INC am on a yy ikauee iaye 5ar.ry 1 Nl-1 CrM a01NNIM LAND BOBtIYOU,LAND PLAN11EWN �® k'wa oN IM Stale of Wwwla 1.�. 446—TI NLLOW MNE 1—LANE,NN SS]68 952-47}4141 .... . . PROPOSED STAIRWAY DETAIL FOR .. .. ERIC VOGSTROMA ............................................. ....... .....I...1-1-....-..... . . IN LOT 2, BLOCK 1, PENCE LANE ADDITION ................. ........................ ................................................ HENNEPIN COUNTY, MINNESOTA ............ ................... ..............f.............................................................................................. ............. . .......................................... ............................................... C"'r P.............. .............. ....... .. ........ ................................................... : : 0 ........................... ... ........- !-, -�; 2KC WALL ........ .............S.-i . , 20 ........... ...... ........ C .................................... 2- .70 2?o cr 0.,YCY 940 ............... • (r Syr .... ........ ........ ....i...... ............... -4.................................------ ..................... Y4. .................. Cr C Y L.......................° ........ ...........................4.4 ..................................................... .......... ............. ............. 941.2 - PROPOSED ELEVATION .................. .... .......... ....................................................- ................................l-E�.......... ............... .......... ............ ...... .. ..... OWAW* LOT 2 ............. ........... .......................... ............ -------- ...... .................. SLAVEY I,*-----11 **.........�!........................ ....................... ............i ...... ...................................................... ....................... J...... 4L :930 : – .7 -4— ....................... PROPOSED STAIRWAY 4....................... ............................................-1 : I 946.1 945.9 .................... I.... -946" AND LANDINGS ........................... 941-4 941:2............... ... 932.6 ..................................... 936.7 936 .......................... .................... 0 20 30TW-945.0 944- BW-`94 4.4 CROSS SECTION JL 94 13W:1"445-IQ 1"=5' VERT. 940- !4. W-944.2 : -, - -Z�! W-941.4 JLM rW -4 1"=5' HORIZ. 4 erwW'944.2 ............................................................ .4 t 93e- EAST LINE 942"O---frl f- r Q 'I OF LOT 2 -934 1�97-936�--- - .9- -9J2 -CR M ;a SECT > x M --Z- LA t0 O 929.4 CONTOUR" SCALE I hereby certify that this Plan, specification, YP) or report LINE (O.H.W.) 100 was prepared by me, or under my direct supervision, z and that 10 am a dtA GRONBERG AND 0 Star,Licensed Land Surveyor under DATE the lows IF the of Minnesota. 6-18-19 ASSOCIATES, INC. JOB NO. ' ' 4 CONSULTING ENGINEERS, LAND LAKE ..... Zn _1!(� _ �l SURVEYORS,& SITE PLANNERS 18-355 . 445 NORTH WILLOW DRIVE Mak S. Gronberg LONGLAKE.MhL 55356 MINNETONKA 952-473-4141