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HomeMy WebLinkAboutResolution 7072 Doc No A10759789 Certified, filed and/or recorded on Feb 25, 2020 9:05 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 125 Pkg ID 1950984E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ‘7LOtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL - NO. 7072 t-.'-ESH04" A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000105 WHEREAS, on December 18, 2019, John Kraemer(hereinafter the"Applicant"), applied for variance from the City Code for the property addressed 855 Old Crystal Bay Road South and legally described as: Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37 degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of commencement, said last described course being hereinafter referred to and designated as "Line X'; thence North along "Line X"to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if extended would go to the point of commencement, said last described line being designated as "Line Y", a distance of 371.76 feet to the Southwest corner of said Lot 3; thence easterly along the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53 seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West a distance of 171.70 feet to the point of beginning. For the purposes of the foregoing description The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. The point of commencement is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees'Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees 1 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G NO. 7072 lgkESHO' under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said Trustees'Deed of September 26, 1938 to said Carpenters, and are now a part of the West line of the plat of LITTLE ORCHARD, 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 78-1279 to allow a minimal expansion of an accessory building to be constructed in-kind with respect to location and footprint size lakeward of the average lakeshore setback and 53-feet from the OHWL where a 75-foot setback is required; and WHEREAS, on January 21, 2020, 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 January 21, 2020, the Planning Commission recommended approval of the variances; and WHEREAS, on February 10, 2020, 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 #LA19-000105. 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 Single Family Lakeshore Residential Zoning District. 3. The Property contains 2.46 acres in area and has a defined lot width of 210 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 2 ickOivp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7072 -,kES H O 5. Applicant has applied for the following variance[s]: a. 75-foot Lake Setback Variance b. Average Lakeshore Setback Variance 6. In considering this application for the 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 variances support the minimal expansion of a non- conforming structure in the lake yard. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing structure the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are separated from the structure and situated so that their lake views will not be impacted by the changes to the existing building. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the Property from the lake. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in reconstruction of the existing sauna building without footprint expansions within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the upward volume expansion is solely to conform to the floodplain regulations. This criterion is met. 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 a minor upward expansion of the building lakeward of the average lakeshore setback and within the 75-foot lake setback appear to be reasonable; the flat roof design minimized any potential negative impacts; the 3 sOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti<Is c - NO. 7 072 1 kESHO0" mature vegetation, topography, and property orientation separate the Property from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant proposes to reconstruct a nonconforming building to improve functionality for the owners. The sauna building was not constructed by the current owners; and c. The variance, if granted, will not alter the essential character of the locality." The requested variances will not result in the Property being out of character with the neighborhood;will not expand the footprint of the building; or result in additional encroachment into the setbacks toward the lake. The new encroachment will not alter the character of the locality. This criterion is met. 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 a residential accessory building is an allowed use in the LR-1A 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 proximity of the existing sauna building to the lake is an existing condition which is unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location and existence of the lake yard accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other properties with lake yard accessory buildings and boathouses. 4 CITY OF ORONO RESOLUTION OF THE (�CITY COUNCIL NO. 7 0 -'CES HO 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Substantial property right is provided by the principal structure. The sauna building is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however the building will only be expanded in order meet floodplain minimum low floor regulations. 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 will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the Property. 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 asserts that the variances are necessary for safety and will not merely serve as a convenience to the owners. 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 a minimal expansion of an accessory building to be constructed in-kind with respect to location and footprint side lakeward of the average lakeshore setback and 53-feet from the OHWL where a 75-foot setback is required, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the site plan dated 12/27/2019 and 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 Applicant, 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 on the accessory building within one year of the date of Council approval, or the variance will expire on that date (February 10, 2021). 5 iii1CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti- Gt NO. 7072 r-kESHO�(' 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 10th day of February, 2020. 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MINNESOTA / �' vera / "�" —If!, / a e., iwj I \\ --,'",-.:-. S;,,`,\'•'-'...,'",.'--.' sati - nay p' 1 g „ea,. a.o�.X i -\ i \ roes 4'q; -#': L1 s -� ,.k wa.a\ N ' \ ,� �` 1��? k\-._ ossa. N \ `�,` \ -iaooer,o .wits \ `- - - 0 121 -'; 1Piil � N' 4'•� L 0T 3 �N - -:------7-11'1(5)` :�� 'tel_ ,...,„ \ +,._- \ \ \ 4j -�i is'6.1.1/.tm �Y, In�eilE�nwo��\ // 1.10%.1-'��� r\ .` . `�,,,A. ,,_:,,,`�� I �4P."?'; ��A�aiig \\ 1en\ W ��P.1111 !MI ,,,- 'Ion LAKE \ \\ \ \\ �"` ., ,1115�� -2*:-.:: . ~ ��y a \\ ..r1s:.u�yi.T.EwsT -� ,e'.=��� ii, 'z_ � o4/7 ; MINNETONKA 07 ivv 2a TL6T7 Yp jiiiiiiiimilk '✓�_�Y �, I Aur•eN .~ f,+j� SS LITTLE 4 ;a l ORCHARD MAXWELL BAY \\\ � COAr. � �� °-IC�,71 CABIN & SAUNA DETAIL vv � O 1 20 FEET SCALE \ J d X� C-\QT >1 8 �.'. - LEGAL DESORPTION OF PREMSES: E 6 ��� age 23 West of the 5th PNeci Wridion,ode Lot 3 Block 1 LITTLE ORCHARD deserted talo Camrne' t a l Those pada of Government Lot 7 b Section 9,Township It],R pqaq pan ve [ O T. '1.k...•.:12,1,:‹11,,W,,,-.- 30281 feat South of the North 9 One and 462 feel West of the Eat for,of acid Government Lot 7,oho being the Northwest corner of Lot 3,Block 1,LITTLE ORCHARD:thence Saul h]6 dem t�Gb i ^ �_/ -' /6;:•-'111 04 minutes 18 seconds West.95139 feet:thence South 7 degrees 30 degreesminutes 30 seconds West.135.11 feat to the point of bet,tng of the pmcei 000a described;thence continuing South 7 0 ' % 4 - Dine degrees 30 minutes 30 seconds Wast 100.80 toot:thence South 37 An.running 22 minutes 34 secunda West 491 feet more or leas,to the shore of neat Bay.Lake Section anethencea ��_ .�. www w eve point aslaly dung lM M+ore of said lake tom intersection with a km running Southerly,paraitl with the Eel lire of the above mentioned Govarrmont Lot 7 n acid Section 9.Iron a \ ��-.� /' ,vier point beerbq South 1. degrees 54 minutes 40 <ands Wastand distant 766.76 f4 f from IMP of 1, id lost dumbed course berg hereinafter referred to and designated \ 'T7'.'14-10-KL,\ '.. .. (.`'i-! Lie K thence North oion9"Line K"to id paint being South 12 degrees 54 moist 40 ands West end tiatmt 766.16 feet Iron said point of t:thence North 12 \. -\ ' 11 '��,, \ `��A:� . w eer degrees 54'minutes 40 seconds East along a One which if tended Would per to the point 1 commencement,said lot described On.being deaiewate. "Line ", distance f 371,76 l p l `� �=_— _ feet to the 134.99aft of said Lot 3;thence meted),doing the motherly lire of sod Lot 3 o dlstan<a f 98.00 feel;thence North 5 degrees 19 minutes 53 emend.East o jG - - oislmce f feet;thence North 50 degrees 46�rrllrMes Ot seconds West o dhlanu of 171.70 leaf to the point of beginning. \ ��\`�� \- - % _ Far Me pwpon.of the lareeoup deacrblbn �\ 4.\ nus \ �'���'�- ��'./- 10 enauei-Rein.~ ()The pod Rim of the hent I Oo earns lot 7 in wio Sect' g, f twehd 11],Ron.1 t 23 Mut o/the 5th drito Le Meridien,is neurr a to eber due North and South line. b The 1 of c d ted p the same as the point of bt'ocee t o/the,es of m of to property ed to Land 0. t of Ca and D. halo, c Ccrd.ted tudEC r and nt rlfa, N\ 1`\ \ \ ',. . -s.'''''''----7-'.---.---4-.----. _L / byy len' Deed September 26.1938,between Cncrbs Koon Vohs.at d as Trustee undo yMe Last W6 and testament of Charas D.Vale,deceased.and said Carpenters. \`' ` / ` f-_ f'M la record in the Office of the Register of Deeds of Hennepin County.Mioesota,on November 10,1936.In Book 1445 of Deeds,Page 293,and C / \ _ / (c)Line x rod Liner are o portion of the Westerly boundary of the property conveyed by sad Trustees' Deed of September 26,1938 to card Carpenters,and me new a pat of the ,K 1=4 �- _\\ '-- 7i Wert Ore of the Mat of LITTLE ORCHARD. ' yy ii / \� . : denotes iron mMer• 1 ~'y,. yv\, ;Ns T )p' MU): denotes existing not elevation,mem sea lava datum I s ;LAKE Z\� " / ®: denotes proposed pat elevations 1 e e 'Y N W 7 -...elf -: denotes existing contour de,mem sea Nu,dotum i MINNETONKA \\ / --( J--: d.mt.,proposed cants,fine PROPOSED ELEVATIONS: (pe a nHacL verify) \ t.c K woo,OM E: denotes bearkg booed upon the ter spin County coadinale datum 1)Gcraa-[� -..X,_•,f/ 2I Tp of Iasndolion- MAXWELL BAY \\ .'„---- anuli * ®: denotes bearings based an legal desabtiaro • -�'T,LICE ` Thi.wvey i tend.to Slo.IM boudariea of lM move deecrLed property. 3)Basement- 5.€.�..45?!f._..f \ existing tapogoohy,and the boation of on existing cabin end sass,to M rebott r F \ thereon.It does not papal to show my other improvements or enaoochsnenta. 5 y i _..._..... _.._A..____a_._.______.,__.._........, Resol. 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