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HomeMy WebLinkAboutResolution 7067 ON 111111 111 ll 11111 111 11 I 111 Doc No A10753553 Certified, filed and/or recorded on Feb 4, 2020 10:50 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 138 Pkg ID 1942532E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. -,cLOATp CITY OF ORONO RESOLUTION OF THE CITy`'COUNCIL NO. 7061 9kESH01'' A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330; and 78-1700 FILE NO. LA19-000096 WHEREAS, on October 23, 2019, Gregory Andrew Hueler (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 1398 Rest Point Road and legally described as: Lot 3, Subdivision of Lot 14, Rest Point Park, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of a substandard lot having 0.24 acres in area where 1.0 acre is required; and with 69 feet in width where 140 feet is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow a rear yard setback of 26.4 feet where a 30-foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to permit redevelopment at 22% structural coverage where 20% is the maximum allowed; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow 30.14% hardcover where 25% is allowed; 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 denial of the structural coverage variance, however recommended approval of the remaining variances. The Applicant was directed to redesign to meet 20% structural coverage; and *cji-• CITYOF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7067 'QsHO WHEREAS, on December 2, 2019, the Applicant submitted revised plans showing conformance with the 20% structural coverage maximum; and WHEREAS, on December 9, 2019, the City Council reviewed the revised 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 for the revised plan 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 #LA19-000096. 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 B One Family Lakeshore Residential Zoning District. 3. The Property contains 0.24 acres in area and has a defined lot width of 69 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 variances: a. Lot Area Variance b. Lot Width Variance c. Rear Yard Setback Variance d. 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. 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 purpose of the Ordinance. The small, shallow lot does include difficulties in its small size and depth, 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� - NO. 7067 ikESHO and proximity to the lake to permit redevelopment. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The type of variances proposed to develop a nonconforming lot of record are consistent with the comprehensive plan: lot area, rear setback, and hardcover variance. 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 request to permit construction of the home on the substandard lot, in the proposed location within the required rear yard setback, is reasonable as the property's reduced size and orientation with respect to the lakeshore creates difficulties. The requested variances are supported by practical difficulties. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small lot size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. There should be consideration for variance approvals from the hardcover limitation, street/rear setback and the lot width and area requirements; c. The variance, if granted, will not alter the essential character of the locality." The variances are requested in order to permit construction of a home which is reasonable, and as designed the home and improvements will fit the character of the neighborhood. 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 -cLONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 7067 9kESHO4t 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."A single family residence is permitted in the LR-1 B district; this condition is not applicable. 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 depth with respect to the lakeshore and adjacent properties 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's substandard size and applied setbacks create difficulties which also apply to many of the properties in the same neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting lot area, lot width, hardcover and rear yard 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 a hardcover variance, the lot width and area, and rear yard setback 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 are necessary, and do not merely serve as a convenience to the Applicant. 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 78-330 to allow redevelopment of a substandard lot having 0.24 acres in area where 1.0 acre is required; and with 69 feet in width where 140 feet is required; and Section 78-330 to allow a rear yard setback of 26.4 feet where a 30-foot setback is required; and Section 78-1700 to allow 30.17% or 3,229 square footage hardcover where 25% is allowed, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7067 "IkESHO0' 2. The City does not grant variance approval to increase the structural coverage over 20%. 3. The approved project shall conform to the survey dated 12/05/19 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 (December 9, 2020). 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 9th day of December, 2019. ATTEST: CITY OF ORONO: aid" Anna Carlson, City Clerk Dennis Walsh, Mayor 5 7067 CERTIFICATE OF SURVEY FOR DREW HUELER OF LOT 3, SUBDIVISION OF LOT 14 REST POINT PARK HENNEPIN COUNTY, MINNESOTA n ty'�'y • M ti 0''� ��/ is eo0 - .� �: • \..‘"S, / ,\ ——(D) ,,,...0001\ , - DOSING 00 a,, �. .-,.,. ; .� Pct3J !OUSE AT fEHCE '�' /1390 ` � +;.i .:'SETBACK .1 L1Es .4 Q'� �41 Ey ' Iu(c)MAL � TOP OF P TL \,�, s>'4LvQ\Y '' 1\ PROPOSED `- \ raS� c.,w \ se HOUSE v \ 03„ / \\ 1 #1398 Vit'\ t\ \ \ 'y EbSTNG �\ oekn �O:�4 / \\os /1400 .r.1 AVERAGE tow 1 ///' /// \ "� sETeAaLK /�//// \ \\\� ® ,� vaavosm //� .. / //�� \\ \ \COSMO \ � \SLT FENCE 7 900 G / �/ \ HOUSE1 \\ i 0.1 \ / ,..,-, ,.....e...„,w,,, ...,,,,,.,.....: \ / is / !1r \\ \ , 3''. ..PATtr.:V4.' LAE ORR.) \ / .e-7' :{t \\ // r>� \\\ \\/ `\ �. 0 LAKE MINNETONKA WEST ARM LEGAL DESCRIPTION OF PREMISES : Lot 3, SUBDIVISION OF LOT 14, REST POINT PARK • : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum 1910.81: denotes proposed spot elevation —917--: denotes existing contour line, mean sea level datum PROPOSED ELEVATIONS : (verify) —49301—: denotes proposed contour line 1) Garage =Ea Bearings shown are based upon an assumed datum. 2) Top of foundation =1937.51 This survey intends to show the boundaries of the above described property, the location 3) Main floor = 1938.61 of on existing house and garage, to be removed, spot elevations and topography, and the proposed location of a proposed house, driveway and grades thereon. It does not purport 4) Crawl space = 1933.51 to show any other improvements or encroachments. Ts GR0NBERG AND Y s n N1ola®MOM.ewscolm MO aUm I Mreby ed fby met.ors m 6r ct a xoe,t 1 11-/..-12 1101100Nt Att tort LOWED..,. "".` ASSOCIATES INC. Cr Torn° "°.,.d` 5 . "°° 20 the lows of the St of Miww.ota. IS-I-1f AM=no°e10 10.11t ) SATE 1:-5-19 MOD MO - CONSULTING ENGINEERS,LAND 5-28-19 SURVEYOR &SITEDRIVE PLANNERSWLLOW .../ � . . L05NG NORTLAS,MN.55356 MA& - 952-473-4141 Mak S.Growq nesot°License 12755 19-18-16 18 19-1618 7067 City of Orono �oti� Hardcover Calculation Worksheet Property Address: l3 9�, = . fr i4 c Tf' iivr A04 ezER) `'t sHoi-`. Prepared by: Date: vAotve9FRG 4 AJ'TDc.'d res, iA/C'. f0--IS-/9 /2-3- 9 /0 /g' t? Stormwater Quality Overlay District Tier: (Circle one) Tier Tier 2 Tier 3 Tier 4 Tier 5 Step 2:@ROPOSED HARDCOVER) In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75'setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example)_ (Garage) (24'x 30') A o uS (720 S 2 /3/ S.F.. B Srrre P 55 S.F. Lt i4 Lk 006RM6A19Lf AlI/EQ 7.1 TF_aiirc /aaJFocfoiT 0 S.F. D QR t i/E 1.4.44)' 7y, S.F. E DECK 0..,ill/ /ATVs B6t4ty !25 S.F. F PA rt 0 2 0 7 S.F. ' G S.F. H S.F. S.F. KJ S.F. S.F. M S.F.- N S.F. _ S.F. P o i S.F. Q S.F. S.F. R S.F. S S.F. T S.F. U V S.F. , W _ S.F. X S.F. S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 3227 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. . S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover (Subtract line(21from line(1)] (4) Total Lot Area .�Z Z Q S.F. /o,70/ S.F. Proposed Hardcover Percentage [(3)+(4)I 30./7% Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,If any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 79£S3 NW'ouoJp - ,-- ,A V O 'peel}ulod}Seel 8651 r ODuepised aalanH w Q cr _ a�c R„ 0...-_ 5 u:e s u, , Q �.n 4.... ,t o! t o IS P.... • ri, s £— rs 1,1 A l 0 11 aa e Us. ©lr ���iiu� Z a 1111111 �� a o o o } �� III ° s$8 d z a a = a a z ® W 9i if i i i • — 0 Z 1 A A I Y A A R A o rc F u:. F : a 0 EY � ° : ., i et P''' rpa a. Ii C I ,l I , 11 1 11 61 X 1 1 ...... :� 1 I1® "ONI: 1E -11.11 II '' 11111 F_ is . 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