HomeMy WebLinkAboutResolution 7118 LAND TYPE Abstract (A)
DOC NUM 10845359
Certified, filed and/or recorded on
Sep 28, 2020 11:11 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 136 Pkg ID 2072908E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
-WA/p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� ` NO. 7 1 1 8
L
�•kESHO
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-350; 78-1405; 78-1700
FILE NO. LA20-000049
WHEREAS, on July 22, 2020, Kevin Finnegan & Jessica Finnegan (hereinafter the
"Applicants"), applied for variances from the City Code for the property addressed 3435 Crystal Bay
Road and legally described as:
That part of Lot 3, Block 1, "Wiley's Park" Lake Minnetonka Hennepin County,
Minnesota lying south of Crystal Bay Road and northerly of a line running from a point on the
westerly line of said Lot 3 a distance of 73 feet northerly of Southwest corner of said Lot 3 to
a point on the easterly line thereof a distance of 35 feet northerly of southeast corner thereof
(hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of a lot with
substandard area and width, and variances from the front setback; Section 78-1403 for increased
structural coverage for 2,396 square feet; Section 78-1405 for driveway setback; and Section 78-
1700 from hardcover regulations allowing 46.3%; and
WHEREAS, on August 17, 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 August 17, 2020, the Planning Commission advised the Applicants
to reduce the proposed home footprint to a conforming level and recommended denial of the
variances; and
WHEREAS, following the direction of the Planning Commission, on September 1,
2020, the Applicants submitted a revised plan reflecting 1,999 square feet of structural coverage;
and 42.4% hardcover for consideration by the City Council. The revised request includes the
following:
a) a variance to Orono Municipal Zoning Code Section 78-350 to allow a front setback
of 27 feet where a 30 foot setback is required;
I
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� �� NO. 7118
`�kESHo��
b) a variance to Orono Municipal Zoning Code Section 78-1405 to allow a driveway
1.5 feet from the property line where a 5 foot setback is required;
c) a variance to Orono Municipal Zoning Code Section 78-1700 to allow 3,515 square
feet or 42.4% hardcover where 25% is permitted; and
WHEREAS, on September 14, 2020, 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 as revised and 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 #LA20-000049. 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 0.19 acres in area and has a defined lot width of 50.7 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. 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 proposed variances are in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its small size and depth,
and relationship with the surrounding properties. The right-of-way for Crystal Bay Road
in this location is 66 feet wide, as the road travels west the right-of-way is not present
which makes this property and the two neighbors unique. The house setback on the lake
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G� NO. 71 1 O
t-1'(ESHO
side is shown to be consistent with the neighborhood. Although not a lakeshore lot, the
majority of the properties along Crystal Bay Road are lakeshore, and subject to the
average lakeshore setback protecting views of the lake. The home meets side and rear
setbacks which helps to provide the necessary open space. The hardcover level
proposed is an improvement from the existing condition and is supported by the small lot
challenges.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The number and type of variances proposed to develop a
nonconforming lot of record are consistent with the comprehensive plan, such as lot
area, rear setback, lake 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, within the
required front setback appears to be reasonable as the property's reduced size
and orientation with respect to the Crystal Bay Road right-of-way, and adjacent
properties creates difficulties. The requested hardcover levels are also
reasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The uniquely small size, location with respect to the right-of-way, and required
setbacks prevent a residential footprint consistent with the neighborhood. There
should be consideration for variance approvals from the hardcover limitation, the
front setback, the side setback for the driveway and the lot area requirements.
c. The variance, if granted, will not alter the essential character of the locality."
The lot area and width variances are requested in order to permit construction of
a home, which are reasonable. The setbacks and hardcover level are consistent
with the neighborhood.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
3
�ONp CITY OF ORONO
RESOLUTION OF THE CITYppCOUNCIL
y 1 NO. 7 1 8
`-'kESHO�-
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 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, width, depth,
and unique configuration creates difficulties which also apply to many of the properties in
the same neighborhood. The setbacks are not out of character. The proposed hardcover
level is consistent with the immediate 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 width, including the unique non-
lakeshore status on this roadway creates difficulties which apply to very few properties
along Crystal Bay Road.
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, front and
driveway setback variances are necessary for the preservation of the property right of the
owners.
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
hardcover variance, the driveway setback, lot width and area, and front setback variances
in this unique situation are 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 for lot area, lot width,
driveway and front setback including hardcover variances are necessary, and do not
merely serve as a convenience to the Applicants.
4
-,c7LOATp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7118
ikESHo‘'t
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants the following variances in order to allow redevelopment of the Property:
• Section 78-350 to allow redevelopment of a lot with substandard area and width;
• Section 78-350 to allow a front setback of 27 feet where a 30 foot setback is required;
• Section 78-1405 to allow a driveway 1.5 feet from the property line where a 5 foot setback
is required; and
• Section 78-1700 to allow 3,515 square feet or 42.4% hardcover where 25% is permitted.
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 July 31, 2020, and revised on
August 26, 2020 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 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 (September 14, 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 14th day of September, 2020.
ATTEST: CITY OF ORONO:
•
I
A nna Carlson, City Clerk Dennis Walsh, Mayor
5
•
Sururijars C5rrtifiruir
71 13
Site Plan Survey For: Resor. No. _
MIKAN CUSTOM HOMES
Property located in Section Exhibit A
n,Township 117,Range 23, LA20-000049
Hennepin County,Minnesota
Basis for
bearings is
assumed 100-year flood elevation=931.1
„ :i C; �y per FEMA Map 27053C0303F effective date 11/4/2016.
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��A r I I I 00W 929.4 Contour
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-W Pole 94/.
my=9-30. 932.4 932.5 -/1
' 1171.11ni-nous overhead
59 Crys a7 Bay Road '"rC5
32.4 532.5 532.7
12'4'c'5en, 933.0
/2" 932.5 933.E
rev=931.10', 933.1
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x x 933.0 10.9
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, 12.7 Wood Deck o 7.5 I Residence
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934.9 933; 2T-8" 34.0 Proposed Hardcover
I Lot Area 5,293 sq ft
Fe
932.-j Ill
s33.s Budding 1,999 sq ft
1%35.1 CO' ��' W Wood Deck 336 sq ft
O• g 933.. 933. 6F Deck Credit -100 sq ft
a W 86 C c ,934.0 Driveway 1,250 sq ft
F p.. 33.0 0 ^ ° 033.7 Total 3,515 sq ft
•P',1 1�
-34 7 in 1933 3° CO r33 0 934.0 Percentage 42.39%
770 t 3.5,. f 3 a.
1n
4.6 935.2 O _ c o
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934.2
934. 13.7 933.9 a‘-- Proposed Top of Foundation
933.3' Proposed Garage Floor
23'6" 02 Proposed Basement Floor
934.5
x . Q Type of Building
12' 3.9
ire-933.I0
l . . '•3.011 O
L4.0 °j soil stockpile area '3Zf
933.
d 933.7 • Denotes Found Iron Monument
Paver
Pole 4.0 0 Denotes Iron Monument
6°226' J' 0 Denotes Wood Hub Set for excavation only
1934.7 w 65.5.
)I{ Denotes Existing Contours
overhead,oresI I -- �__ Denotes Proposed Contours
7O i---/ x000.0 Denotes Existing Elevation
I O M I Sf cor+rer ' / 000.0 Denotes Proposed Elevation
1 n i I LOL 3 '- �-Denotes Surface Drainage
I '4:9'335.5 - Orly
/50atn we 1 A Uth
// Q Dad Y NOTE:Proposed grades are subject to results of soil tests.
a l I r Proposed building information must be checked with
930,7
36 7 al approved building plan and development or grading
50V corner I I , ' Reg)On plan before excavation and consbnction.
Lot 3�77FF I.' �n�y Proposed grades shown on this survey am
interpolations of proposed contours from the
(,O drainage,grading and/or development plans.
NOTE:The relationship between proposed floor
/ --- / 1-15°619'11 elevations to be verified by builder.
NOTE:The only easements shown are from plats of
record or information provided by client.
Legal Description Project No.89065A Scale: 1"=30' Ioertify that this survey,plan,or report was prepared by me or under my
That Pan of Lot 3,Block 1,"WILEY'S PARK"LAKE MINNETONKA direct supervision and that I am a duly Licensed Land Surveyor under
Hennepin County,Minnesota,lying south of Cyntal Bay Road and northerly F.B.No. 1115-19 Drawn By g' the laws of the State of Minnesota
of a line running Goma point on the westerly line of said Lot 3 a distance of 73 �'"'� Prepared this 31st day of July 2020.
feet northerly ofSouthwest comer ofsaid Lot 3 to a point on the easterly hne Address: 3435 Crystal Bay Road
thereofa distance of35 feet northerly of southeast corner thereof. Orono,MN
D E M A R C rev 08.26.20 building and hardcover
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LAND SURVEYING B ENGINEERING
7601 73rd Avenue North (763)560-3093 Signed ewer,,��_
Minneapolis,Minnesota 55428 Demarclnc.com GOry R.•ranch,Minn.Reg.No.24992
7 1 1 8
Resol. No.
Exhibit B
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STATE OF MINNESOTA )
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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 September 14, 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 22nd day of September, 2020. /
/ f 4
Arora Carlson, City Clerk
(seal)
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