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HomeMy WebLinkAboutRes 7114 111111 1111111111111 1111 11 11 LAND TYPE Abstract (A) DOC NUM 10840759 Certified, filed and/or recorded on Sep 18, 2020 11:35 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 2066538E 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. 7114 of G ��A ESHO' A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-370; 78-1288; & 78-1700 FILE NO. LA20-000043 WHEREAS, on June 16, 2020, David Jaqua and Patricia Jaqua (hereinafter the "Applicants"),applied for variances from the City Code for the property addressed 3262 North Shore Drive and legally described as: That part of Government Lot 1, Section 8, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin county, Minnesota, described as follows: Beginning at Meander Corner No. 57 on the south side of Maxwell Bay in the east line of said Section 8; thence South on the east line of said Section 8, 376.35 feet; thence West at right angles 455.3 feet to the actual point of beginning of the tract to be described;thence continuing due West 68 feet; thence due North 160.7 feet more or less to the southerly shore of Maxwell Bay;thence northeasterly along the southerly shore of Maxwell Bay to a point in a line drawn due North from the actual point of beginning; thence due South 183.7 feet more or less to the actual point of beginning. For the purposes of this description the east line of said Section 8 is considered to be a due North and South line. Together with a driveway easement filed as Document NO. 3045644 and easement for water services filed as Document No. 2838702, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where 0.5 acre and 100 feet are required; and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1700 to permit 3,111 square feet or 26.9% hardcover where 25% is permitted; and WHEREAS, on July 20, 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 July 20, 2020, the Planning Commission recommended approval of the variances; and 1 Opp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 e14 t4kESH09-' WHEREAS,on August 13, 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 #LA20-000043. 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-1, One Family Lakeshore Residential Zoning District. 3. The Property contains 0.26 acres in area and has a defined lot width of 70 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. 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 substandard lot has difficulties in its small size and depth, and unique "landlocked" relationship with the surrounding properties. The house location improves a non-conforming existing setback by 23 feet and is shown to be conforming, is protecting views of the lake for adjacent properties, and limiting 75-foot hardcover. 2 �pNp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 14 -kES H o0' G 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The number and type of variances proposed to develop this nonconforming lot of record are consistent with the comprehensive plan. The request to permit construction of the home on the substandard lot is reasonable. 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 is a reasonable use of the residentially zoned property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard size is an existing condition,the Owners have attempted to acquire additional land via purchase or easement and have been unsuccessful. Therefore there is no available land with which to make the Property more conforming. The restricted driveway access and lack of off-site parking availability are challenges not created by the Owners. There should be consideration for variance approvals from the lot width and area requirements. The house and hardcover have been designed with an effort toward limiting the additional hardcover without sacrificing functionality. 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 on a residentially zoned property. The Property is situated in a residential district located between two commercial marinas.The variances will not change the essential 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. 3 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G,� NO. 7 1 14 e'lkEsHO 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-1 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, depth, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed hardcover level is not out of character. 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, depth, in addition to the unique configuration creates difficulties which apply to very few properties in the City. The neighboring property, 3260 North Shore Drive, has a similar landlocked challenge, however the owner of that property also owns the landlocked lot which provides driveway access, via an easement, to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting lot area and lot width variances are necessary for the preservation of the property right of the Applicants. The hardcover variance is requested to reasonably support the proposed home on the unique 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 variances for hardcover, lot width and lot area 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 for lot area, lot width, and hardcover are necessary, and do not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where 0.5 acre and 100 feet are required; and Sections 78-1288 and 78-1700 to permit 3,111 square 4 sOATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 14 yE' G `-ikES H ov" feet or 26.9% hardcover where 25% is permitted to support the redevelopment, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the Sathre Bergquist Inc., survey dated 06/08/2020 and revised on 06/11/2020 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 variances will expire on that date (August 13, 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 13th day of August, 2020. ATTEST: CITY OF ORONO; na Carlson, City Clerk Dennis Walsh, Mayor 5 LAKE MTSNETONKA 1 14 MAXWELL BAY 0..'x,111,01/1111111111 nx111L1 Reso . No. ..Iw W.11.w 1ICIn. I•.,.Y.1. .110 1vr r .r.l.nw....,,.on.•..'....1%.".".::-7--"""`-', M m�r.: :. •.., '_I...I,,'-'"7w��:- ;.A,aNllk"'—''w n. M .r'''k.J.�... #L• A20-000043 ▪ laIMemOwa,d ' . .:,ltow:.-M1wJ..: Q M r— it G r_ Z Q m SQUAR[:FOxr1ACE 1tVNPDP.FISUIS l:NA a c - 111.1'FLOM It.SF O 42SW/MI /IOC 12.55E tmu.o-mx vUlu n,eaL 17.15E d { 1 ' •— _ _ PLAIN REVISIONSI I I ( .-.. I. :AWN- I N VA VF • .1 U4T .• 7 .., .., , a ■■ 11 __ i. • 'I., . y __ 'P'A TT. r _.- _. RIME'4, , , . ,, , ,„ . , ,, ., , _= ______= _..„.„.._____ ..•• .. ____..... ....,..„ Ill — _______ — 4 ro -- W U Z 0 SOUTH ELIi\':VI'IUIV �\F.ASTI:LEVATI N (� a _ i z LT. v .c Ali z o r _ m' I ' �- : ■■ ■■I.. ... olio,,,,,:i Fir 13 __ _ _ __ ._=_..._,__.7_ 2 U Li - — 'O l !I e =• 7- i s 0 _ •ll ,_1 NORTH ELEVATION0 Vt`I ti 1'ELEVATION )N sal r:; I ""}I' I• CXWYRICHT2020ALLMAHOMES SHEET 1OF5 :__ .___7__ r..-- — —li), 1. / „, _ ii tr ll I. a .4, 1 01 f • ars — -.._.. 1 —)5 - ® � :. TI 3E tp !:i Atal 3 1 ,t. I� r r C c h+ O r S C., r Tr, y = ALMA HOMES S ``Fu 059 - I.LMMi:,1 11111ri.r.r•VelE J.AQUARESTDENCE e. - ?pp,! ' € 4 --i c.n :mutrlu,rnT,rmrntomvrr»r. =4 J ?x`•t. K''-`y 2 -Q. 01.69.tp&VW :3262 NORTH SHORE DRIVE is i 2 1 .g ulx.maw ORONO.MN 55391 S' .r ars U;tunmu1ju wmis )DVap1l•0:72,1)1, 1 • z ` i .` ,zmaa --r�V 1 .i =d 9 — 1 •1 .1 1 a • . . .1.\ 11 cl • g n.»AArll.r, C...:' L' {I i G-nqi 3@ 1 :. Y . 4 ,norm » tAR.'�M .,, j_::i ».. x Id r 0 r- x l asil x strF a.$ ,S £t' ;211.g .� ALMA JAQUARESIDENCE s "' nnir.� NMI,. 3j9� Xf -fir• iT ji4 ie * a»�11 zit tlamol4MIR IIVAITIT7.1 3262 NORTH SHORT DRIVE 't 2 1 -z yi. 1c :1CM,•.MN 11311 j s i ; ? 11"»""" ORONO.MN 55391 rtt•..2lurwnar%.ow 6 :4 1 t . " LT- :4 11-------• .. N , k - t J L O -- t f 0 . . Y 2 ,.V it. r !k ' } I Mir r / J: i. c M no ii --7R E. _I' Y I. 7 •ME,' /... .. - Un �}, C li a 1 1111 . S , S ? T.. / _ D — . r \ / a 0 ALMA HOMES lIr s .lt . _ ~ 3 I...nl1:, JAQUARESIDENCE � = '° =� 4i 111 Itf\f�1•nYA ? F.QG 4 i# i4,. • '':-,if. Cn rMI,n vSiler3Si2i'm::u ofi3262 NORTH SHORE DRAT. =-.i � o 4 e.- x --1 mo-ou.:ua ORONO.MN55391 v. Y L UFY';IISIKAI IN171N .p. z X , L. J 1-- 1' 5 1 G I T 1. .,... _.... . •• . I...� •••�.� 1.,.* • 40.44, r-r--- • s iii4 • �•A ,;,:,.�►.4,, �!i`. � yi �0` i �. L.—. r_ *.ti ** Sz LJ' J '!. Pte•"p"� ALMAHUMES Q S 5z ` = —+ nLI.:N,'wiI p 1O „ JA UA RESIDENCE , R.. M € to V..Nm,M0.baliMnI71 :1262 NORTH SHORE 1)R1VT w1 i $- Y}Y r]I(upV.IP 35.]11 * 3 L Ci. A II1T 4IMAWAIf M1,1U C)HO\l),1tN 55391 r r � � Xs V.;L\.t.0:12911 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 August 13, 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 14th day of August, 2020. 1g - Anna Carlson, City Clerk (seal) ," J ! 5 \ j.