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HomeMy WebLinkAboutResolution 7108Doc No A10809071 Certified, filed and/or recorded on Jul 8, 2020 10:43 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 145 Pkg ID 2021465E 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 NO. _0 8 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 AND DENYING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA20-000031 WHEREAS, on April 24, 2020 Don Adams ("Applicant"), applied for a variance from the City Code for the property addressed 2927 Casco Point Road and legally described as: Lots Ninety-five (95) and One Hundred Six (106), and including that part of Lake Shore Avenue vacated lying across said Lot Ninety-five (95), Spring Park, 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 retaining walls within the 75' lakeyard to support new stairs; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow the relocation of an existing shed within the 75' lakeyard and average lakeshore setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow the relocation of an existing shed changing the nature of the hardcover from patio to building within the 75' 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 approval for the variance 78-1279 to allow new retaining walls to support the stairs; and WHEREAS, on May 18, 2020, the Planning Commission recommended denial for the variance 78-1279 to relocate the existing shed; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7108 WHEREAS, on June 8, 2020, the City Council directed preparation of findings for approval for the retaining walls and denial of the variances associated with the proposed shed. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approved the variances for the retaining walls and denied the requested variance for the relocation of the shed 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 #LA20-000031. 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 Zoning District. 3. The Property contains 0.57 acres in area and has a defined lot width of 51 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. Retaining walls within the lake yard b. Accessory building within the lake yard c. Hardcover for a new shed within the lake yard d. Average Lakeshore Setback 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. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. Allowing a new building in the setbacks is not in harmony of the City Code. The existing building is in a CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 8 noncondorming location. The applicant can replace the building "in kind" in the current location and it would not be in harmony with the City Code to allow the nonconforming building to be located to a more visible portion of the property. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls are recessed into the earth to limit their visual impacts and support the stairs and slope on the property, maintaining the rural character of the lake. An accessory building within the lakeyard, average lakeshore setback and creating new building hardcover is not consistent with the comprehensive plan to preserve the shoreline of Lake Minnetonka. 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. The proposed accessory building is not proposed in a reasonable location. The property owner has not demonstrated that the proposed building can't be located in a conforming location. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls as a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner. The circumstances for the accessory building are not unique and property has chosen the proposed building location within the protected lakeyard, average lakeshore setback and new hardcover within the lakeyard. The building location is driven by convenience instead of compliance with the Code; and c. The variance will not alter the essential character of the locality. The variance to permit retaining wall structures within the 75 -foot setback will help to maintain the existing slope and character of the area. Allowing a new shed to be located in the lake and side required yards does not match the natural character for the shoreline of Lake Minnetonka. 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 with CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 8 stairs for lake access and accessory buildings are allowed uses 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 slope of the property combined with the pre-existing improvements is a unique condition to the subject property. The existing shed and proposal to move the shed to an unpermitted area is not a special condition and is not unique. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property's specific slope and existing improvements are creating conditions which do not apply to adjacent properties. The new proposed shed would be closer to the lake than the current shed. The new placement of the shed would change the nature of the hardcover from patio to building within the lakeyard and the building would be placed in the average lakeshore setback. This condition is created by the property owner and not unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. Allowing the relocation of an accessory building within the lakeyard, average lakeshore setback and as new building hardcover is not necessary and could be relocated to a more conforming location. 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 lakeyard setback variance allowing the retaining walls within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. Allowing a new accessory building in the lakeyard, average lakeshore and as new hardcover would be contrary to the intent of the City 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 applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of retaining walls to support lake access stairs within 75 feet of the OHWL. Relocation of the accessory building within the lakeyard, average lakeshore and as new building hardcover is not necessary and serves as a convenience to the applicant. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 0 8 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 retaining walls within the 75' lakeyard setback to support the proposed lake stairs and denies the variances to Orono Municipal Zoning Code Section 78-1279 and 78-1680 for the relocation of the accessory building within the 75' lakeyard, average lakeshore setback and as a change of nature to the hardcover from patio to building within the 75' 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 site plan dated May 28, 2020 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 (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 day of JCt , 20,U TTEST: nna Carlson, City Clerk CITY OF ORONO: 0 - Dennis Walsh, Mayor 0 7.5 �� �, : /� ' o End of 0-75 FodY c = Shoreline Zone � _ d� c99 tRT - °Q `n loti 95", 00 I: 0 ° 50.0 + � _SGaanl.... slabs f�epsRemove Existing tapsverforlandings ill erosion under steps.Granie pieces under °�,�° 935 '� ,,, 45.0 X� r eplant see Planting plan. -Slabs and steps to ----- +� ° -Shim them level. o _ Mapb Existing walls removed . M Is �. and new replaced as Is. mo ' as admonal plan 40.0 3rc r • _.936 6 a r 2' EM1 t s - 71�I smrl ..cnm m-w..aa` 36'36'.. , qn menrn...aaaa.u,wy. L - } f - . - IJ rn. wrl.an.naa•..a .w.aa• L f ..._ .mw. paw.a� j j".... .._ � °@.� ` 9350 ...� _ E 933 Fr �. 0 oa�gaa°a q o a VVq ° ° y0fMinnemnka — n„,aid ;apa d„�,1i - --_�� 30.0 SM1Im bl.k. vs :z d= nw.I.ba _ .nd da not Naw imm lap. Sld—v — � bl¢kl. a'tM1l°k r °YF.r — �° ouwrIM� Frew GreenDale Design Mr.&Mrs. Don Adams Lakeside Steps 2927 Casco Point Road Scale 1"=8' Orono, MN 55391 May 28, 2020 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)