HomeMy WebLinkAboutResolution 7038 4
II I
Doc No A10723481
Certified, filed and/or recorded on
Nov 12, 2019 8:08 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 146 Pkg ID 1903701E
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
y� NO. 7 a Q
G
`gkESHOt
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA19-000067
WHEREAS, on August 20, 2019, Mark and Kristie Ties (hereinafter the"Applicants"),
applied for a variance from the City Code for the property addressed 3129 Casco Circle and legally
described as:
Lots Forty-six(46), Forty-seven{47), Sixty-two (62)and Sixty-three(63), and that part
of Lots Forty-four (44) and Forty-five (45) lying Westerly of a line drawn parallel with
and 75 feet West, measured at right angles, from the East line of said Lot Forty-four
(44) and that part of vacated Lakeshore Avenue and land between said Lakeshore
Avenue and waters of Lake Minnetonka lying between the Northwesterly line of Lot
Forty-seven (47) and said parallel line so drawn, extended, all in Spring Park,
including any part or portion of any street or alley adjacent to said premises heretofore
vacated or to be vacated.
Together with an easement for driveway purposes over that part of Lot Sixty-four(64),
Spring Park lying Northwesterly of a line drawn parallel with and 20 feet
Southeasterly, measured at right angles, from the Northwesterly line of said Lot Sixty-
four (64), and lying Easterly of the Northerly extension of the East line of Lot Forty-
four(44) in said Addition, according to the recorded plat thereof.
Together with an easement over Lot 61 as described in the instrument recorded in
Book 2089 of Deeds, Page 264, Files of the County Recorder, 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 construction of a new home
lakeward of the average lakeshore setback line; and
WHEREAS, on September 16, 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
I
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7 n O
G
`gKFS H O �
WHEREAS, on September 16, 2019, the Planning Commission recommended
approval of the variance based on a revised plan submitted during the meeting to mitigate impacts
to the neighbor; and
WHEREAS, on October 14, 2019 the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and directed preparation of
findings for approval of the variance; and
NOW, THEREFORE, BE IT RESOLVED on October 28, 2019, 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 #LA19-000067. 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 C One Family Lakeshore Residential Zoning District.
3. The Property contains 2.12 acres in area and has a defined lot width of 29 feet at the 75-
foot setback and 367 feet at the OHWL.
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. Average Lakeshore 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 proposed variance is in harmony with the purpose
of the Ordinance. The lot includes difficulties in its shape, the orientation of the shoreline,
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
`gkES H ORS
location of adjacent homes, and the existing home's proximity to the lake. The average
lakeshore setback variance will not further impact views of the lake for adjacent properties.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variance allows the construction of a single family
home and 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 owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The average lakeshore setback is intended to help preserve a view of the lake by
neighboring properties. The zoning ordinance requires a home to be set back at
least 75 feet from the OHWL or the average lakeshore setback, whichever is
greater. The City has a history of not allowing homes to be built within the 75 foot
setback. The neighbors are set back 148 feet (3131 Casco Circle); and 181 feet
from the lake (3127 Casco Circle). Due to the configuration of the Property the
neighboring homes create an average lakeshore setback of approximately 202
feet. This exceeds the setbacks of the neighboring homes. Allowing the variance
situates the home 156 feet from the OHWL, which is twice the minimum lake
setback. The request to permit construction of the home in the proposed location
partially within the average lakeshore setback appears to be reasonable
considering the orientation of the neighboring homes with respect to the lakeshore,
and adjacent properties creates difficulties. The request is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The unique shape of the Property and shoreline, the existing home's location with
respect to the lake and the neighboring home locations prevent a residential
footprint consistent with the neighborhood. The proposed overall hardcover level
is conforming. The circumstances are unique to the Property; and
c. The variance, if granted, will not alter the essential character of the locality."
The variance is requested in order to permit construction of a home designed to fit
the character of the neighborhood according to the submitted information.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7038
G
ESHO��
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 residential home is an allowed use in the LR-
1C 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 unique shape and orientation
with respect to the lakeshore, and the setback from the lake of the adjacent homes creates
difficulties for the Owners in redeveloping the Property consistent with the homes in their
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 unique shape, shoreline orientation, and the relationship
between the existing home and the setback of the adjacent properties create difficulties
for the owners.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the average lakeshore setback
variance is necessary for the preservation of the property right of the Applicants. The
variance will allow the applicant to build a home that is consistent with other homes in the
neighborhood.
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 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 requested variance is necessary, and
does not merely serve as a convenience to the Applicants.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7038
G
ESHG��
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 a new home
45 feet lakeward of the average lakeshore setback line; 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 09/30/19 by Gronberg and
Associates and the 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 (October 28, 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 281h day of October, 2019.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
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BOUNDARY AND TOPOGRAPHIC SURVEY FOR z
ALEXANDER DESIGN GROUP
IN LOTS 46,47, 62, 63 AND PART OF 45, W
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Fo ty four(44)Lots Forty-six
(48).Forty-five 49)g%=
�yk g Weste y(6rN)a ane�whxee(63),and that pad of Lots ��
parallel with and 75 feet
F - -_�__I West,measured at right angles from the East fine of said Lot Forty-four(44)and that pad s e
�A ', / i L _ of vacated Lakeshore Avenue and land between said Lakeshore Avenue and waters of Lake as
V+ - E'�y - } Minnetonka lying between the Northwesterly line of Lot Forty-seven(47)and said parallel
Oem: r i g line so drawn,extended.ah in Spring Park,including any pad or portion of any street or f,
alley adjacent to said premises heretofore vacated or to be vacated,
_-__ Together with an easement for driveway purposes over that pad of Lol 5ixty-four(64),Spring
j a,a,� Park lying Nordrwestery of a line drawn parallel with and 20 feet Southeaster",measured at
W sa right angles,Nom the Northwesterty line of said Lot Sixty-four(64),and lying Easterly of the
- Northerly extension of the East line of Lot Forty-four(44)in said Addition,according to the
�'►6 recorded plat thereof.
Together with an easement over Lot 61 as described in the instrument recorded in I i
Book 2089 of Deeds.Page 264,Files of the County Recorder,Hennepin County,Minnesota. IWa
This survey shows the boundaries and topography of the above described property,they I=
- _ location of all existing buildings,major trees,and all other visible`hardcover"thereon
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does not purport to show any other improvements or encroachments. i I
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