HomeMy WebLinkAboutResolution 7061 11111 M I III
Doc No T05672469
Certified, filed and/or recorded on
Dec 20, 2019 1:54 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 144 Pkg ID 1923344E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1496372
This cover sheet is now a permanent part of the recorded document.
-cLOAtp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF NO. 7061
L
kESH0�``'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1680, 78-1700, 78-350
FILE NO. LA19-000094
WHEREAS, on October 30, 2019, David Burda ("Applicant"), applied for a variance
from the City Code for the property addressed 1966 Shadywood Road and legally described as:
Lot 36, "SHADY-WOOD" (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1680 to allow building and hardcover within
the 75-foot lakeyard; and
WHEREAS, the Applicants have made application to the City of Orono for
variance to Orono Municipal Zoning Code Section 78-1700 to allow hardcover to exceed 25%;
and
WHEREAS, the Applicants have made application to the City of Orono for
variance to Orono Municipal Zoning Code Section 78-350 to allow a rear setback, and
WHEREAS, on November 18,2019, 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 November 18, 2019, the Planning Commission recommended
approval of the variance; and
WHEREAS, on December 9, 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:
sOiv-p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1.c ` NO. 706 1
-1kESHO°'
1. This application was reviewed as Zoning File #LA19-000094. 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-1C Zoning District.
3. The Property contains 0.18 acres in area and has a defined lot width of 54 feet.
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. Building and hardcover within the 75-foot lakeyard
b. Hardcover to exceed 25% to 40.13%
c. Rear yard setback to 17.4'
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. The variance is in harmony with the general intent and purpose of the Ordinance The
proposed variances are in harmony with the purpose and intent of the Ordinance.
The small lot includes difficulties in its double lake frontage, small size, and width.
The additions will have no visual or massing impact on adjacent lots.
2. The variance is consistent with the comprehensive plan. The proposed variances to
improve this nonconforming lot 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 the additions to the
home on the substandard lot, in the proposed location within the setbacks,
appears to be somewhat reasonable as the property's reduced size and
orientation with respect to the dual frontage lakeshore creates difficulties.
The hardcover level, and encroachments proposed within the side yard,
street yard, and lakeyard appear to be reasonable.
b. There are circumstances unique to the property not created by the landowner; The
uniquely small size, location with respect to the lake and roadway, and
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A
e, NO. 7061
-kESHOl""
required setbacks prevent a residential footprint consistent with the
neighborhood.The proposed hardcover level and setbacks are unique to the
property; and
c. The variance will not alter the essential character of the locality. The variances
are requested in order to permit construction of additions to the home which
are 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.
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 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 substandard size, depth and
orientation with respect to the lakeshore creates difficulties which also apply to
many of the 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 unique with its dual frontage abutting a channel on Lake
Minnetonka. It is substandard to size and depth eliminating a building envelope.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting the requested variances are
necessary for the preservation of the property right of the applicant.
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.
CONCLUSIONS, ORDER AND CONDITIONS:
3
p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G NO. 7061
`�kESHO��
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1680, 78-1700 and 78-350 to allow a
breezeway and patio addition to the existing 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 10/30/2019 and plans submitted
by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
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 (12/9/2020).
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 jeee/77,Ie, , 20 1
ATTEST: CITY OF ORONO:
04wg_ dr_cf
Anna Carlson, City Clerk Dennis Walsh, Mayor
4
706 ]
CERTIFICATE OF SURVEY AND v H e„
PROPOSED SITE PLAN FOR Z w 4
DAVID BURDA y z
war;
\ OF LOT 36,"SHADY-WOOD" Q s x n
CHANNELHENNEPIN COUNTY,MINNESOTA V
og2LL
�w� w=
fn>o
aHa
o>
__—�- 5&55358•
E te) �zC
-� — S.W./rwsaert rox[eixewcpwrrvgaepcx6f ume - 1
--
__ �ySCn
i i,rsvme MI aowe _-I--1_ /
3q
n � ,tee. 1 �I �,,� �� g ��� cc, iE
m 3¢l 4
\.i
36
11 7—IA - GARAGE le) U p rwN„„, .Iq \\ 11 1 //JJ
2� tt T.S i �l EXISTING Q S
.� 1 1m 2 HOUSE F 1 1 1 .
ILosJ, �nO1 i9.7
mheppk.`w"; 1 \ 1m c�/`, eir ei
(0) 4 RO
(s) \ \'
1 .�
wvao carcm (e°I:€�� 01 •.e.. „,e'''% 1 \
Z585.53'55•E 118.89 �raa) /�
\ EXISTING EXISTING 1 1 1
c9 GARAGE HOUSE 1 11 1
'l
S- 37 ;' 11
0
o
e
-p...„ \ \
•
i i
t\I €93'
�� 3iif
sy.l5 5
$�a'6
lift
0 10 20 40 'S$
LEGAL DESCRIPTION OF PREMISES SURVEYED: e.F.p..r.
Lot 36,"SHADY-WOOD” SCALE IN FEET B
This survey shows the boundaries and topography of the above described property, y
and location of an existing house,garage,drive,and other visible"hardcover thereon. 1
It does not purport to show any other improvements or encroachments.
NOTE:The boundaries on this survey are based on existing monuments found by
us as well as information from a survey by Schoell and Madson dated 2/18/02 and (n
may not agree with lines as shown on the plat of"SHADY-WOOD"as measured Obi
from the section line by the North end of the plat.
• :Denotes iron marker found(re-rod) W V
--am-- :Existing contour line
aa$
c--
fa VL1111111114 + C
Ci
OSi y `!'!m i
�+V E M
•
a •
`z4.
N i - 9 3
•
ZZ �4. � A,,, . "
CY ! t, u, 41 a
CD 0 w 1, i
...4-',.....,;'.. )''i-1Ni 14.: . ,,......,P_,, /''''''''''.01,47
4-1 U ` . 1 I..III !I I I I1• '.
If
Q
f6
CU
N
CU
a)
L
CO i
O
C
11111111
O •
N
CO
w
N
-6 0.. . zol
CL 0
•
p I
3 CD N
s ¢.
7061
1966 Shadywood Road; 3-Season Breezeway Addition Between House & Garage
Remodeled View North Wall Remodeled View South Wall
1
1
) AMEN
oi` i5 / .1 /
A 111111111111111
Illage A 1221111211211
Ir. tistimmak. MN ___41
II 1
111111111111
vrte..
. o
7061
1966 Shadywood Road
3-Season Breezeway Addition Between House & Garage
Step Set-Up
Currently _
6'
House Garage
Wall Wall
Door Base
— Door Base
Remodeled
6'
House Garage
Wall Wall
Door Base
Door Base
7 0 6
Lake Facing Wall
Current
,..,...r..' ,
,
1 f,
$', •.7. t ,
;',' ;,,.*''',--•i'40*". I i
.,..; _
?....- 1!
de ,,,,, ,t .
-_
'' t
1 / /
. 1
.t I
t ' i
1 '
is
_A......1. ,.
x .........
......
28.5' 7061
Lake Facing Wall
Proposed
M .
C is 4
' n.
i
f
` 4
S�
x •
)jCL
.uro ®nrmir .camas
ca
F5- I
I -- --
4'
_______
._
7'
♦ }e 1}- 7 — i - Sh
:oi-�
1 ►
sa _ 3.
14' �` _ ':
(10"Patio/4'Steps)
4 ►
16'
Proposed Patio is Flagstone & Grass