HomeMy WebLinkAboutResolution 7013 11111 III I 111 II III I II II II
Doc No T05640544
Certified, filed and/or recorded on
Aug 29, 2019 12:31 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 130 Pkg ID 1866636E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1484341
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7013
G
t�kESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-305, 78-1279, 78-1680, 78-1726
FILE NO. LA19-000049
WHEREAS, on August 7, 2019, Peter Eskuche ("Applicant'), applied for a variance
from the City Code for the property addressed 2605 North Shore Drive and legally described as:
Legal Description of Property: (per Certificate of Title No. 1168419)
That part of Government Lot 4, Section 9, Township 117, Range 23, described as
follows: Commencing at the North quarter corner of said section; thence on a bearing of
South (the North line of the Northeast Quarter of said section being assumed to have a
bearing of North 88 degrees 51 minutes West for purposes of this description) a distance
of 2878.55 feet; thence South 70 degrees 37 minutes 31 seconds East a distance of
838.42 feet; thence South 67 degrees 19 minutes 23 seconds East a distance of 266.25
feet to Point A, said point A being the point of beginning of the property being described
and also the beginning of line A; thence South 32 degrees 16 minutes 30 seconds West
along said line A to a point on the shore of Lake Minnetonka, and said Line A there
ending; thence Southeasterly along said shore to a point 300 feet Southeasterly from
said Line A, said 300 feet being measured on a bearing of South 59 degrees 05 minutes
30 seconds East from said line A; thence North 32 degrees 16 minutes 30 seconds East
a distance of 370 feet to an intersection with a line drawn South 59 degrees 05 minutes
30 seconds East from said Point A; thence North 59 degrees 05 minutes 30 seconds
West to said Point A, the point of beginning; except that part of said above described
property lying Southeasterly of the following described line: Commencing at said Point A;
thence South 59 degrees 05 minutes 30 seconds East a distance of 246.74 feet to the
point of beginning of the line being described; thence South 34 degrees 54 minutes 30
seconds West to the shore of Lake Minnetonka, and said there ending. (hereinafter the
"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section78-305 to allow lot area and a 19 foot side yard
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 average lakeshore setback for retaining
walls which exceed 42 inches in the 75 foot lakeshore; and
1
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7013
ESHo
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow building and retaining walls
in the 75 foot lakeshore; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow for hardcover in the 75 foot
lakeshore; and
WHEREAS, the Applicants have made application to the City of Orono for an
interim use permit to Orono Municipal Zoning Code Section 78-1726 to allow movement of over
50 cubic yards of material within the lakeyard; and
WHEREAS, on August 19, 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 August 19, 2019, the Planning Commission recommended
approval of the variance and IUP; and
WHEREAS, on August 26, 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 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 #LA19-000049. 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-1A Zoning District.
3. The Property contains 1.86 acres in area and has a defined lot width of 230 feet.
4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater
Quality Overlay District.
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
SHO�� NO. 7 0 1 3
G
t�kE
5. Applicant has applied for the following variances and interim use permit:
a. Lot area and side yard setback (78-305)
b. Average lakeshore setback, building and retaining walls in the lakeyard (78-1279)
c. Hardcover in the lakeyard (78-1680)
d. Movement of over 50 cubic yards of material within the lakeyard (78-1726)
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.
VARANCE ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variances are in harmony with the
intent and purpose of the Ordinance. The goal of the ordinance sis to reduce or
eliminate improvements in the lake yard, the proposal shifts away from the lake
yard as much as practical.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." . The proposed variances to develop a nonconforming lot of
record are consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The request to permit construction of the
home on the substandard lot, in the proposed location within the lake, and
side yard setbacks, appears to be reasonable as the property's reduced size
and orientation with respect to the lakeshore. The hardcover and retaining
walls proposed within the lake yard appear to be reasonable.
b. There are circumstances unique to the property not created by the landowner; The
lake and its inlet limit the building envelope for the property. The
surrounding lakeshore is unique property feature of the lane and
c. The variance will not alter the essential character of the locality. The variances
are requested in order to permit construction of a home designed to fit the
character of the neighborhood according to the submitted information.
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.
3
CITY OF ORONO
RESOLUTION OF TIM CITY COUNCIL
NO. 7n�1 3
G
t�kFS Ho��
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 single family home is an
allowed use in the LRAA 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 property's substandard size and
orientation with respect to the lakeshore creates difficulties which may also apply
to properties in the same neighborhood.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The property's substandard size and orientation with respect to the
lakeshore creates difficulties which may also apply to properties in the same
neighborhood. However, the location of the lake surrounding the building envelop
is very unique to this property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting a lot area, side yard and lake
setback variances are necessary for the preservation of the property right of the
application. The retaining walls in the lakeyard and average lakeshore setback,
hardcover for the patio variances facilitate the use of the property for the new home
and are necessary for the preservation of the property.
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 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 variances do not merely serve as
a convenience to the applicant. The variances are necessary as the property has
considerable practical difficulties affecting development.
INTERIM USE ANALYSIS:
1) The use will meet the general performance standards in section 78-916 of this
chapter; The grading will conform to the standards within Section 78-916 of the
Zoning Code.
2) The use is allowed as an interim use in the applicable zoning district; grading of
materials are permitted within the LR-1A zoning district; this statement is true.
3) The use will not delay anticipated development or redevelopment of the site; the
proposed grading activity will be conducted in conjunction with the
development of the new single family home on the property. This statement is
true.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G NO. 7013
t�kESHO4�
4) The use will not be in conflict with any provisions of the city code on an ongoing basis;
the proposed grading activity will not be in conflict with the Code
5) The use will not adversely affect the adjacent property, the surrounding neighborhood,
or other uses on the property where the use will be located; The result of the
proposed grading will not change the intended residential use of the Property
so there should be no change in the use and enjoyment of adjacent properties
resulting from the lakeshore grading. The grading work on the Property as well
as the forthcoming construction of the proposed home could result in
additional noise, dust, vibration and traffic on the haul routes and immediate
neighbors. To the degree possible, negative impacts should be limited and
mitigated
6) The use will not impose additional unreasonable costs on the public; the lakeshore
grading should not impact any public roadways.
7) The date or event that will terminate the use can be identified with certainty; the
conclusion of the grading activity will coincide with the finalization of the
construction of the proposed home on the property. An as-built survey shall be
submitted to confirm conformance with the approved grading plan at the
closing of the permits.
8) And the applicant agrees in writing to any conditions that the city council deems
appropriate for the use, including a requirement for a financial security to ensure
removal of all evidence of the use upon termination, and restoration of the site to prior
or better conditions. The conditions shall be set forth in a development agreement
between the property owner and the city, which agreement shall be recorded with the
Hennepin County Recorder or Registrar of Deeds. The conditions of approval will
be documented as required.
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 78-305, 78-1279, 78-1680 and 78-1276 to
allow variances for lot area, side yard setback, average lakeshore setback, building retaining walls
and hardcover within the 75 foot lakeyard and an interim use permit for movement over 50 cubic
yards within the lake yard to construct a new single family home, 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 8/6/2019 and plans submitted by
the Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7013
G
tgxESHO
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 (August 26, 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 day of 20jJ
ATT ST: CITY OF ORONO:
r
Anna Carlson, City Clerk Dennis Walsh, Mayor
6
70
3
r CERTIFICATE OF SURVEY FOR
ESKUCHE DESIGN GROUP
IN GOVT LOT 4, SEC. 9-117-23
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PROPERTY (per Certificate of Title No.1168419)
.� That part of Government Lot 4,Section 9,Township 117,Rage 23,describetl as I°Anws:
Commencing at the North quarter or 1 f said a tion:thence o a Dearing of South
M I N N E T O N K A (toe North line of the Northamt Ouwler of said ae Non beiig 9 soloed to I g o bewiN
f North 88 degrees 51 in tea West for pmrpo.es f this de c ipu a) dialer¢, f
2878.55 feet;thence Soul'7
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'vote'31 secants East distance of 838.42
feet;thence South 67 degrees 19 minutes 23—om,East a diatom,of 266.25 feet to
Point A, aid point A being tM point of begi lg of the o,-ty bei,p describatl nd
also the bagiming of Lkro A;thence SfL , degree'16 i tea 30 a end'Weat aong
..id Line A to a point o the chore of Lake Minnetonko,od"id
Line Ac there ending;
EAST CRYSTAL BAY m��.saum,aaterlY aong'die.oar.la a point 300 feel South... ,Il from itle ,A,
..id 300 feet being . red bewing of South 59 de9reea 05 tea 30 cods
E°al from.aid Line A;thence North 32 degrees tfi minutes 30 s corMa Eaat a distance
of 370 feet to a intersection with a line drawn South 59 degrees 05 minute.30 aecods
East Irom.aid Point A;lMnce North 59 degree.OS minutes 30 S.c Weat to.aitl
Point A.the point of beginning;except lhot part of said above deemribed woperty lying
Soullwaaterly of t'e following de.crib.d line:Commencing of aitl Point A;thence South
59 degrees OS inute,30 ,moods East o distance of 246.74 feet to the pp int of
beginning of the line being de'cribed;thence South 34 degree 54 m'xwles i0 secontl.
West to the aM1are of Lake Mioelonko,od said there erzng.
Subject to fbwoge a ment et forth in decree of which a er lified copy i f....rd in Book
85 of MiateBoeous Records,Page 301 in the office of the Register Deede of thi.County,
• denotes iron marker found
APPRO—ATE CUT/FILL AMOUNTS no
O: detes Jutliciol londmark
CUT- 1020 CY
denotes existing.pot el,vafion,mean sea level datura
FILL=1070 CY
9x0.6: denotes proposed spot alevalion
BRAG N-50 CY ---sl)---. d—les existing contour line,meo see level datum
zr. d—tes proposed contour line
CUT/FILL AMOUNTS N 0-75' ZONE FROM LAKE AND POND
Bearings shown we based upon on assumed datum.
CUT-310 CY
Thissur of ow y intend.to hthe bounden,.of the above described property,orad the
FILL-650 CY bcalionon xisling house,to be re oved,tree.,.pot elevations,lopogrophy od
the proposetl location f o proposed house,drivewoc—grades there—It does rrot
purport to show gray other-pr---t.w.noes hmente.
-y ;ogee aa°��,p«t PROJECT GRONBERG & ASSOCIATES, INC.
and Mel ed'eo Uel ILi need Lmd 6weyareruWer tM 8-1)–tY CIVIL 6NCINN.7,LAND SURVEYORS,LAND PLANNERS
e Stat dol Mimeaolo.
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11—AllANCE REVIEW
5 JUNE 2019
VARIANCE SET
19 JUNE 2019
........................
LOWER LEVEL FLOOR PLAN
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APPROX.S.F.=3,672 CRAWL+395 STORAGE
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2605 N.Shore Dr.
Orono,Minnesota
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25 MAY 20
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30 MAYMAY 202019
31UNE 2019
PRE-VARIANCE REVIEW
51UNE 2019
VARIANCESET
19JUNE2019 19 JUNE 201 p
-----------------------
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---------------
MAIN LEVEL FLOOR PLAN
TYP.CEIUNG HEIGHT=11'-8'
APPRC X.S.F.=4,101 FIN.+843 GARAGE+579 GARAGE+7,975 TERRACE+319 SIDE STOOP+211 COVERED ENTRY
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Orono,Minnesota
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CONCEPT DRAVIN05
,p- - 23 MAY 2019
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25 MAY]019
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19 JUNE 2019
SOUTH ELEVATION(LAKE)
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WEST ELEVATION(HIDDEN)
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WEST ELEVATION(CREEK) P S K uc 'e
DESIGN GROUP
GRAPHIC SL 1 r CoengM 2019