HomeMy WebLinkAboutRes 7169 II
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.
-OAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
AF NO. _7 1 6 9
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:
�p�p CITYNo. OF71ORONO69
RESOLUTION OF THE CITY COUNCIL
1.
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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
-WAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� e 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 grantingof the proposed variance will not in anywayimpair health, safety, comfort or
p p pY,
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
ic).-OAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 71 69
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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:
rj0301C)1-
Anna Carlson, City Clerk Dennis Walsh, Mayor
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City of Orono 7 1 6 9
Hardcover Calculation Worksheet
h i7 Property Address: 746 Tonkawa Road
'\Kt.iHORE/
_�— Prepared By: Sathre-Bergquist Date: 2/8/2021
SB Job Number: 12675-001 Prepared by: TS
Stormwater Quality Overlay District Tier:(Circle One) 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 D 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 on 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.
• 1
7169
Resol. No. _
LA20-000074
Exhibit B
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Deck Plan
Scale 1/8" = 1-0"
CALDWELL DECK
UPDATED: 03/01/2021 TO COMPLY
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WITH 75' LAKESHORE SETBACK
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 Declaration of Restrictive
Covenant adopted at the meeting of the Orono City Council on March 8, 2021 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 18th day of March, 2021.
ant
Anna Carlson, City Clerk
(seal)
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