HomeMy WebLinkAboutResolution 7189LAND TYPE Abstract (A)
DOC NUM 11067927
Certified, filed and/or recorded on
Jan 12, 2022 1:55 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 149 Pkg ID 2385784E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7189
qk ov``
fSH
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330; 78-1279; AND 78-1680
FILE NO. LA21-000016
WHEREAS, on February 5, 2021, David Wiemer and Kathryn Weimer, a married
couple (hereinafter the "Applicants"), applied for variances from the City Code for the property
addressed 1405 Rest Point Road and legally described as:
Lots 24 and 25, Subdivision of Lot 14 Rest Point Park Lake Minnetonka, Hennepin
County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a 14' 4" x 7'
home addition located 18 feet from the rear property line within the 30-foot rear setback; 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 construction of a 14' 4" x 7'
home addition; an 18' x 10' deck; and 6' x 6' stoop to be located approximately 30 feet from the
ordinary high water level within the average lakeshore setback and within 75-foot lake 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 hardcover within the 75-foot
setback area to include the addition, deck, stoop, and flagstone walkway; and
WHEREAS, on March 15, 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 March 15, 2021,the Planning Commission recommended denial of
the variances with recommended changes; and
WHEREAS, on April 12, 2021, the City Council reviewed the revised application
and the recommendations of the Planning Commission and City staff and directed preparation of
findings for approval of the variances per the revised plan; and
o
�- Np CITY OF ORONO
RESOLUTION OF THE CITYpCOUNCIL
A
NO. 7 1 8 9
l"IkES H p��
NOW, THEREFORE, BE IT RESOLVED that on April 26, 2021, the City Council
of Orono, Minnesota hereby approves the requested variances as revised 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 #LA21-000016. 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 One Family Lakeshore Residential Zoning District.
3. The Property contains 0.30 acres in area and has a defined lot width of 138 feet at the
ordinary high water level and 104 feet at the 75-foot setback.
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. 75-foot lake setback variance
b. Average lakeshore setback variance
c. Rear/street setback variance
d. Hardcover within 75-foot setback 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 considerable difficulties in its shape, small size
and depth, and proximity to the lake supporting the requested variances.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances reflecting additional hardcover development within
2
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7189
F G
`-IxESHoc�
the lake yard and the average lake shore setback, 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:
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 variances are requested to alleviate a poor home design identified by the
applicant and facilitate the creation of more private outdoor space. The variance
requests to allow expansion of the hardcover and building within setbacks are
reasonable and are supported by the practical difficulties inherent to the lot limitations.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The configuration and shape of the lot were not created by the owners. The
uniqueness found in the shape, size, and proximity to the lake are difficulties which
support granting of additional variances to further expand the nonconformities on
the property;
c. The variance, if granted, will not alter the essential character of the locality."
The proposed improvements to the Property will not adversely impact neighbors.
The setback and hardcover variances requested will not alter the essential
character of the neighborhood and when the Property is viewed from the lake.
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 residential improvements are an allowed use
in the LR-1 B District.
3
�O� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A
NO. 7189
G
114Es H ci
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 lot shape, and depth, and the home's
proximity to the lake are particular to this Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The setbacks of adjacent homes in this neighborhood are somewhat
similar to this lot. The conditions specifically impacting the Property (lot depth and shape,
home proximity to the lake, and the street frontage on two sides) do not generally apply to
the other properties in the LR-1 B district.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The Applicants indicate that granting the
variances are necessary for the preservation of their Property right.
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 to allow construction of the proposed addition and deck are not likely to impair
health, safety, and comfort.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The practical difficulties have been met to
justify supporting the requested variances.The granting of the variances would not only serve
as a convenience.
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 78-330 to allow construction of a 14'
4" x 7' home addition located 18 feet from the rear property line within the 30-foot rear setback;
and Section 78-1279 to allow construction of a 14' 4" x 7' home addition; an 18' x 10' deck; and
6' x 6' stoop to be located approximately 30 feet from the ordinary high water level within the
average lakeshore setback and within 75-foot lake setback; and Section 78-1680 to allow
hardcover within the 75-foot setback area to include the addition, deck, stoop, and flagstone
walkway for a total site hardcover level of 3,298 square feet or 25%, subject to the following
conditions:
1. Council approval is based on the entire record, above Findings.
4
�ONp CITY OF71ORONO89
RESOLUTION OF THE CITY COUNCIL
y
� NO.
F �,
`'IkESHO�t
2. The approved project shall conform to the site plan 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 building permit must be
obtained within one year of the date of Council approval, or the variance will expire on that
date (April 26, 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 26th day of April, 2021.
ATTEST: CITY OF ORONO:
J
/ f
i 41lI
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
A
B
X
D
E
F
G
H
I
J
L
K
F-
S
i
d
e
w
a
l
k
t
o
b
e
c
o
n
v
e
r
t
e
d
t
o
fl ag
s
t
o
n
e
p
a
t
h
w
a
y
J-
D
e
c
k
b
o
a
r
d
s
t
o
b
e
s
p
a
c
e
d
1
/
4
”
a
p
a
r
t
t
o
a
l
l
o
w
F
o
r
w
a
t
e
r
t
o
p
a
s
s
t
h
r
o
u
g
h
.
G
r
o
u
n
d
u
n
d
e
r
d
e
c
k
t
o
b
e
m
a
i
n
t
a
i
n
e
d
a
s
s
o
f
t
c
o
v
e
r
t
o
a
l
l
o
w
f
o
r
d
r
a
i
n
a
g
e
.
K-
T
o
b
e
fl ag
s
t
o
n
e
p
a
t
h
i
n
m
u
l
c
h
b
e
d
L-
R
e
p
l
a
c
e
t
h
e
s
u
n
k
e
n
s
t
o
o
p
w
i
t
h
p
r
o
p
e
r
l
y
S
u
p
p
o
r
t
e
d
s
t
o
o
p
(
f
o
o
t
i
n
g
s
)
a
n
d
a
d
d
s
t
e
p
s
+/
-
2
0
S
F
fl
a
g
s
t
o
n
e
p
a
t
h
Di
t
Di
s
t
a an
c
e
:
39
.
7
7
ft
D
i
s
t
D
i
s
t
a
n
c
e
a
n
:
1
7
.
7
1
7
9
f
t
D
i
s
t
a
n
c
e
:
n
c
e
:
5
.
7
5
7
5
f
t
Dis
t
an
c
e
nc
e
::
Dis K sta an
D 5.3
9
5
9 9 ft ft
Dis
t
an
c
e
e ::
35
.
8
1 ft
s
t
a
7
.
7
DistDistanceance::
30.06ft
D
i
s
t
D
i
s
t
a
n
c
e
a
n
c
e
:
:
3
4
.
8
3
4
.
8
4
4
f
t
f
t
East/Street Side
La
k
e
S
i
d
e
Re
v
i
s
e
d
F
l
o
o
r
P
l
a
n
la
k
e
st
r
e
e
t
Last Updated: January 2020
Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained
herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
Page 9 of 9
City of Orono Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan
or survey (must accompany this form). Include all existing hardcover items that are intended to remain,
as well as all proposed hardcover items that will be added. Use as many lines as necessary to
accurately depict proposed 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 S.F.
B S.F.
C S.F.
D S.F.
E S.F.
F S.F.
G S.F.
H S.F.
I S.F.
J 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.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1) Total Proposed Hardcover S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F.
(4) Total Lot Area S.F.
Proposed Hardcover Percentage [ (3) ÷ (4) ] %