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HomeMy WebLinkAboutResolution 7107Existing Certs 1497178 Doc No T05724660 Certified, filed and/or recorded on Jul 8, 2020 10:41 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 2021462E 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 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA20-000028 WHEREAS, on April 22, 2020, David Jacobsen-Gretsch and Wendy Jacobsen- Gretsch (hereinafter the "Applicants"), through their builder, applied for a variance from the City Code for the property addressed 2440 Old Beach Road and legally described as: Lot 2, "Shore Hills" except that part thereof lying Southerly of a line running from a point in the Westerly line of said Lot, distant 24 feet Northerly of the Southwesterly corner thereof to a point in the Southeasterly line of said Lot, distant 263.4 feet Northeasterly of the Southwesterly coroner thereof (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 home addition 10' 2" lakeward of the average lakeshore setback; and WHEREAS, on May 18, 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 May 18, 2020, the Planning Commission recommended denial of the variance; and WHEREAS, on June 8, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on June 8, 2020, the City Council voted 5 to 0 to direct preparation of findings for approval of the variance. 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 7 INDINGS OF FACT: This application was reviewed as Zoning File #LA20-000028. 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 1.4 acres in area and has a defined lot width of 177 feet at the ordinary high water level and 195 feet at the 75 -foot setback. 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: 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 requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors' views will not be impacted by the improvements. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of an addition to an existing single family residence in a residential zone are 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 7 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 building improvements lakeward of the average lakeshore setback appears to be reasonable; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The location of the existing home, the orientation and location of the neighboring homes, and the character of the lake shoreline in question are conditions not created by the landowner. c. The variance, if granted, will not alter the essential character of the locality. " It does not appear that the requested average lakeshore setback variance to permit an addition to the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. 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 residential home is an allowed use in the LR -1 B 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 location of the existing home, the orientation and location of the neighboring homes, and the character of the neighborhood CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 are unique conditions affecting the subject Property and the immediately adjoining properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location of the existing home, the orientation and recent re -location of the neighboring home are unique conditions affecting the subject Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant states that the variance is necessary to preserve their right to improve their home and 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 variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The application of the average lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the newly constructed neighboring home, the orientation of the neighboring homes, and the character of the lake shoreline. 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 an addition 10 feet 2 inches lakeward of the average lakeshore setback, 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 March 27, 2020 and updated on April 22, 2020, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 7 completed within one year of the date of Council approval, or the variance will expire on that date (June 22, 2021). 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 2211 day of June, 2020. ATTEST: CITY OF ORONO: ami�_ q_A94Q - — Anna Carlson, City Clerk Dennis Walsh, Mayor Resol. No. 7 Ex A #LA20-000028 \ • .' — --, S 0654'$3• w j' `.oil ?05.07 , Addition in the �� ti . q `' i • �,,.�� �I C.)dw s / setback Ao rr--`- \ LEGAL DESCRIPTION: Lot 2. "Shore Hills" except that part thereof lying Southerly of a line mooing fine a point in the Westerly line of .,aid Lot, distant 24 feet Northerly of the South, 9,,Iy comer thereof to a point in the Southeasterly line of said Lot distant 263 4 feet N nheasterly of the Southxrstcrly comer thoreof SCOPE OF WORK & LIMITATIONS: L Show' g 'he length and direction of boundary lines of the legal desciption listed ab, The scopeof our ed I elude determining what you own, which is a legal matter PI check thelegal description with your records or consult with competent legal counsel, if necessaryto make sure that it is ret and that any matters of record. such as casemcm , that you wish to be included on the survey have 2. Showing the location ofobse, ed existing impms ents xe deem necessary for the survey. 3. Setting survey markers or..if ing ex ting sun-ey markers to establish the comers.fine property. 4. Existing building dimensions and setbacks meanned to outside of siding or.W,,o. .. Showing end tabulating impervious surface coverage of the lot for your review and I,, the review of such go�rmmcntal agencies that may hale jurisdiction over these requirements to veify they are correctly shown before proceeding with construction. 6. Shoring elevations on the site id selected locations to gi,re some indication of the topography of the site. We base lso provided a benchmark for you n determining elevations for construction on this site. The ,],.,tions shorn relate only to the benchmark pro, ided on this nmey. Use that benchmark and check at least creother feature shown on the survey Then determining other elevations for use an this site or before beginning construction. 7. Thisamr,ey has been ,mp],Wd without the benefit of a cu ent title commitment. There may be existing ents o other rn oubronthat would he to, e.l.d by ent title r mmitmfo em. Therere. this ey doe not purport tces o show any ea em, or encumbrances other man the ones sho,h hereon. R. While we show the minimum building setback lines per our interpretation of the city', zoning rode, said setback lines most be verified by the appmpmd, city official to be sure that they are shown ro tly. Do this before using the survey to make any decisions regarding the pmperry. STANDARD SYMBOLS & CONVENTIONS, •" Denotes iron survey marker. found, unless otherwise noted. am Awmn"v _I -241.99 ats,�4� 7107 Advance Surveying & Engineenng, Co. rotor msr n, I lclar. sArcr w ream ws IxrA®m a uun In or r¢cr swntau� uo rxAr w A onr 843503 J APRIL 22, 2020 /�I DRAWING ORIENTATION B SCALE CLIENT IJOB ADDRESS BAYCLIFF HOMES 2440 OLD BEACH RD. ORONO, MN IA. REM9W OESQdPnW SURVEYED DATE: MARCH 2 202 DRAFTED DATE: MARCH 2r, 2020 SHEET TITLE EXPANDED SURVEY SHEET SIZE: 22 X N i DRAWING NUMBER 200280 WP SHEET NUMBER S1 O� Resol. No. Ex B 91 p A 'i P'.. III a s ffi pp ppp x �. �'� #LA20-000028 tt i _75��°Sij65S5 1 U rte' m Oa l�� N! d G r� lJ F Fj ti N O O =I =E� �' i jai s i I mel Rai i Q luW W NG OL 11 �9- D 6 ) � PQ � ■ §! |� !|||||||||||!�§||||��� |\\\�--�---�-�»--�--•-• - 2 a e � � (■ § § ( § � ■ § m !!� � k $ ± E D 6 MMES m�� t■�1■//■�1■/I �/■til d i•. f'j� @@�ssCe�oo N 0 MMES m�� ME! t■�1■//■�1■/I �/■til ME! r gR 91 r; 1mminulle'divisible 1,,4 mI PMMM1 71 07 uvnff �99�a tan Yni,aw.lwruu 9asan �aw9waaialo9 ooxorswEaunNcs nE�reiors FW9EIYi3 1. 1vm1a arEvmr 2 lW7M9 SKI �. 1mm9 8E9 .. zem EKM S. 9Rm sKss e. vlvm veaEraEr T mm PswsEra L1 rev: 9. NVA aU 14 NYm 81UOLV _ 11, 4= VAarnfE _ 2 Yate is 1V1Yn % 1llfYa I& ll s 10. 1Y A¢ 17. 1]IO9S 16 lnft 19 N a JJ. x JJa M JJa OLD BEACH RD 10. MN. 55391 19020 FIRST FLOOR PLAN ©cavrwalr�cm ar ew, uc oo nor scut oanwncs arE NOVEMBER 25, 2019 s� Al.l tHlllfl 111-1 FIRST FLOOR PLAN AI.I, la wue 71 07 uvnff �99�a tan Yni,aw.lwruu 9asan �aw9waaialo9 ooxorswEaunNcs nE�reiors FW9EIYi3 1. 1vm1a arEvmr 2 lW7M9 SKI �. 1mm9 8E9 .. zem EKM S. 9Rm sKss e. vlvm veaEraEr T mm PswsEra L1 rev: 9. NVA aU 14 NYm 81UOLV _ 11, 4= VAarnfE _ 2 Yate is 1V1Yn % 1llfYa I& ll s 10. 1Y A¢ 17. 1]IO9S 16 lnft 19 N a JJ. x JJa M JJa OLD BEACH RD 10. MN. 55391 19020 FIRST FLOOR PLAN ©cavrwalr�cm ar ew, uc oo nor scut oanwncs arE NOVEMBER 25, 2019 s� Al.l STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 22, 2020 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 30th day of June, 2020. Anna Carlson, City Clerk (seal)