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HomeMy WebLinkAboutResolution 7169 11 11 111 1 1 11 1 111 111 11 11 LAND TYPE Torrens (T) DOC NUM 5817263 Certified, filed and/or recorded on Mar 24, 2021 9:19 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 2202613E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1335777 This cover sheet is now a permanent part of the recorded document. \ pArp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 71 6 9 4 ACEs HO A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1700 FILE NO. LA20-000074 WHEREAS, on December 11, 2020, Edward Caldwell (hereinafter the "Owner"), applied for variances from the City Code for the property addressed 746 Tonkawa Road and legally described as: That part of Lot 11, lying Southeasterly of a line drawn parallel to and 25 feet Southeasterly, measured at right angles from the Northwesterly line thereof, extended, "Parten's Point First Addition" Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Owner has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside deck lakeward of the average lakeshore setback line; and WHEREAS, the Owner has also made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1700 in order to reduce the hardcover from 34.1% to 33.8% (5,240 square feet), in excess of the 25% Tier 1 limitation, in conjunction with construction of a new deck; and WHEREAS, on February 16, 2021, 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 February 16, 2021, the Planning Commission recommended approval of the variances as modified to remove the inadvertent 75-foot lake setback encroachment; and WHEREAS, on March 8, 2021, 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: 1 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7169 F G t-l'ESHOv-t FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000074. 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, Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.35 acres in area and has a defined lot width of 75 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. Average Lakeshore Setback Variance b. 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 requested hardcover variance (with reductions) and average lakeshore setback variance are in harmony with the Ordinance as the adjacent neighbors have indicated their views of the lake will not be impacted by the improvements, and new hardcover will be offset by removals. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." Regarding the average lakeshore setback and hardcover level variances, the deck project in the 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: 2 *\,\/4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 6 9 kES HO 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 portions of a deck lakeward of the average lakeshore setback appears to be reasonable; the linear shoreline and location of the neighboring homes result in the existing non-conforming condition. The Owner has proposed hardcover removals to offset the new additions. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home, the orientation of the mostly straight shoreline, and location of the neighboring homes, driveway easement, and existing hardcover 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 a new deck on the lakeside of the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Further, the Owner's proposed hardcover removals will offset the new hardcover resulting from the deck. 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 deck 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 improvements/ home, the location of the neighboring homes in line with the Owner's home along the 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 69 -'kEsHO shoreline, the existing driveway with the easement, and existing hardcover are conditions 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 of the existing improvements/home, the location of the neighboring homes in line with the subject home along the shoreline, the existing driveway with the easement, and existing hardcover are unique conditions affecting the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Owner has provided statements indicating that the granting of the variances are necessary for their enjoyment and preservation of their property rights. 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; 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 on the Property severely limits the options for expanding and/or improving the home on the lake side; the granting of the requested variances are necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing hardcover exceeds permitted levels; the Owner's proposed removals will result in a 47 square foot reduction. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside deck approximately 9 feet lakeward of the average lakeshore setback line as shown on the survey attached as Exhibit A; and variance from Orono Municipal Zoning Code Section 78- 1700 in order to reduce the hardcover from 34.1% to 33.8% (5,240 square feet) in conjunction with construction of a new deck, 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 February 12, 2021, and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G NO. 7 1 6 9 4ICEsxo‘'-f' 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 Owners, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (March 8, 2022). 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 8th day of March, 2021. ATTEST: CITY OF ORONO: t 'Ot 1� Anna Carlson, City Clerk Dennis Walsh, Mayor 5 „ ,i.o• / / 1 3 `\ / ' / `'\ 7 1 6 4 _gal \ / / Resol. 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Hardcover Calculation Worksheet 1, Property Address: 746 Tonkawa Road r C� ��KFsrto�`;f Prepared By: Sathre-Bergquist Date: 2/8/2021 SB Job Number: 12675-001 Prepared by: TS Stormwater Quality Overlay District Tier:(Circle One) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:EXISTING HARDCOVER &PROPOSED DECK In the following table,identify all items of existing hardcover on the property,keyed by letter to Certificate of Survey(survey must accompany this form).Use as many lines as necessary to accurately depict existing hardcover status of the property.For Tier 1 properties,Identify any features by letter which are split at the 75'setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item(Describe) Length x Width Total(Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A House 1,554 S.F. B Garage 531 S.F. C Bit.Driveway 2625 S.F. D Conc.Steps 150 S.F. E Conc.Pad 77 S.F. F Pavers 116 S.F. G Stoop 27 S.F. H Proposed Deck 379 S.F. Retaining walls 81 S.F. S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1)Total Existing Hardcover 5,540.00 S.F. Excludable Hardcover(See City Code Sec 78-1684): Deck Credit 100 S.F. X Remove 5'Parking Bump out 100 S.F. Y Remove Conc.Pad-E 77 S.F. Z Remove Paver Steps 23 S.F. S.F. (2)Total Excludable Hardcover 300 S.F. (3)Net Existing Hardcover[Subtract line(2)from line(1)] 5,240.00 S.F. (4)Total Lot Area 15,472 S.F. Existing Hardcover Percentage[(3)+(4)] 33.87% This is an information packet regarding Hardcover.Every effort has been made to insure the accuracy of the information contrained herein;however,if any information is not consistent with City Code,the Code provisions will prevail. 71 69 Resol. No. LA20-000074 Exhibit B 4'-0 1/4'-f ,ivi 1 N m I v pl 1 b _ m c m< ,,--5-6 1/4'—,r.}—5'-6 1/4'--44--K-61/2"—,r - 'I � '� 111 �111dl 11. ` D r NEW DECK & STAIR = 391 sq. ft. GRILL 4 1 1 1/11" .. -t 1r , II`�II q 10 1 -.- ‘ / 26'-2' / Deck Plan Scale 1/8" = 1 '-0" CALDWELL DECK UPDATED: 03/01/2021 TO COMPLY WITH 75' LAKESHORE SETBACK