HomeMy WebLinkAboutResolution 7199 LAND TYPE Abstract (A)
DOC NUM 10998555
Certified, filed and/or recorded on
Aug 4, 2021 12:41 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie acting, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 175 Pkg ID 2290476E
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 0;109R9
F G,
NO.
l4kESHO
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305; 78-1279; and 78-1680
FILE NO. LA21-000026
WHEREAS, on March 17, 2021, JALIN Design LLC (hereinafter the"Applicant"), on
behalf of the property owner Tim Holland, applied for variances from the City Code for the property
addressed 1395 Orono Lane and legally described as:
Lot 7&Lot 8, Homes on Browns Bay, according to the plat thereof, Hennepin County,
Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of an existing
boathouse 5 feet from the side property line where a 15 foot setback is required and a 2.5 foot
setback currently exists with minor roof volume expansions; and
WHEREAS, the Applicant has made application to the City of Orono for variances
from Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an existing
boathouse 24 feet from the OHWL of Lake Minnetonka where a 15-foot setback currently exists
and a 75 foot is required; the boathouse will be located entirely lakeward of the average lakeshore
setback; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-305 to allow reconstruction of the existing carriage
house 1 foot from the side property line and 3 feet from the rear property line where a 1 foot
setback and 3 foot setback currently exist with minor roof volume expansions; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1680 to allow 768 square feet of hardcover for the
boathouse within the 75-foot setback where limited hardcover improvements are permitted; and
WHEREAS, on April 19, 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 April 19, 2021, the Planning Commission recommended approval
of the variances; and
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iONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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`lkESH01-
WHEREAS, at meetings on May 10 and 24, 2021, the City Council reviewed the
application and the recommendations of the Planning Commission and City staff; and directed
the Applicant to modify the application to keep the boathouse in the same footprint and location
as the existing, thus requiring the use of fill to elevate the building out of the 100-year floodplain
elevation; and
WHEREAS, the location of the boathouse near the side lot line and lake in the will
not allow for establishment of the required elevation bench 15 feet from the perimeter of the
boathouse as required by City Code Section 78-1117 thus requiring a variance; and
WHEREAS, on May 24, 2021, the City Council voted 4 to 0 on a motion to waive
reference to the Planning Commission public hearing for the additional variance to City Code
Section 78-1117 relating to elevating the boathouse on fill, agreeing to hold the public hearing;
WHEREAS, on June 28, 2021, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council 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 June 28, 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:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA21-000026. 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-1A One Family Lakeshore Zoning District.
3. The Property contains 0.9 acres in area and has a defined lot width of 150 feet at the
OHWL of Lake Minnetonka and 158 feet at the 75-foot lake setback.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
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�O�p CITY OF ORONO
RESOLUTION OF
THE CITY COUNCIL
y NO. / 1 9 9
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5. Applicant has applied for the following variances:
a. Average Lake Setback Variance
b. Lake Setback Variance
c. Side Setback Variances
d. Rear Setback Variance
e. Hardcover within the 75-foot Lake Setback Variance
f. Floodplain fill elevation less than 15-feet from the building perimeter
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 variances support the minimal expansion of a non-
conforming structure within in the lake yard and average lakeshore setback. Lake yard
construction prohibitions are intended to maintain the natural lakeshore and encourage
development away from the lake. Alternatively, the goals of average lakeshore setback
include protecting views from land into the lake, the requested variances to increase the
height of the existing boathouse the minimum amount necessary to meet the ceiling height
and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors
are situated so that their lake views will not be impacted by the changes to the existing
boathouse. The minimal additional mass of the flat roof areas within the setbacks will not
be closer to the lake than existing and will not negatively impact the views into the property
from the lake. The lack of elevation bench on the north and west sides of the structure
will not suppress safety and access for this accessory building.
Additionally, the minimal expansions proposed to the nonconforming carriage house
building will not adversely impact the adjacent property, nor will they result in a significant
massing increase within the required rear and side yard setback areas. The requested
variances to increase the height of the existing carriage house garage ceiling while
maintaining a livable height in the upper level are the minimum amount necessary to meet
the ceiling height needs. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in reconstruction of the existing buildings 1
(without footprint expansions), in a residential zone are consistent with the Comprehensive
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-szLOATp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� NO. 7 1 9 9
G
`4kESHO
Plan. The variance to permit the minimal upward volume expansions is solely to upgrade
the functionality of the carriage house, as well as allow the boathouse to conform to the
floodplain regulations. The setbacks of the boathouse do not allow for the full 15 feet of
rescue bench fill around the building as required. This criterion is met.
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 minor upward expansions of the buildings within the
setbacks appear to be reasonable; the flat roof design of the boathouse minimizes
any potential negative impacts; the existing setbacks; the mature vegetation, and
location of neighboring homes separate the buildings from the adjacent neighbors.
This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Applicant proposes to reconstruct two nonconforming buildings to improve
functionality for the owners. The buildings were not constructed by the current
owners, or by current construction standards, and are in need of replacing due to
their age and deferred maintenance; and
c. The variance, if granted, will not alter the essential character of the locality."
The requested variances will not result in the Property being out of character with
the neighborhood; will not expand the footprint of the buildings; or result in
additional encroachment into the setbacks toward the lake. The new
encroachments will not alter the character of the locality. This criterion is met.
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.
4
sLOATp CITY OF 1ORONO99
RESOLUTION OF THE CITY COUNCIL
7
NO.
`-IkES HORt
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 accessory buildings are an allowed
use in the LR-1A 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 and orientation of the existing
buildings within the setbacks is an existing condition which is 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 and existence of the nonconforming accessory buildings is
an existing condition unique to a small number of properties in the City, but could be
applied to all other lakeshore properties with detached garages, lake yard accessory
buildings and boathouses.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Substantial property right is provided by the
principal structure. The nonconforming buildings are allowed to be maintained and
replaced in kind. Expansion of an existing non-conforming structure is not a right, however
the buildings will be expanded in order meet current building code standards, modern
garage functionality, and floodplain minimum low floor regulations.
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; The
Commission should determine whether the modest expansion negates to goals of the
code in relation to views into, and out of the property.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The Applicant asserts that the variances
are necessary to modestly increase functionality, and for safety and regulatory
compliance, and will not merely serve as a convenience to the owners.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants the following to support reconstruction of two accessory buildings:
5
-cL.O.Aip CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� NO. 71 99
G
`1kESHOt
• Variances from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of an
existing boathouse in its existing footprint and location 2.5 feet from the side property line
where a 15 foot setback is required and a 2.5 foot setback currently exists with minor roof
volume expansions;
• A variance from Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an
existing boathouse 15 feet from the OHWL of Lake Minnetonka where a 15-foot setback
currently exists and a 75 foot is required; the boathouse will be located entirely lakeward of
the average lakeshore setback;
• A variance from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of the
existing carriage house 1 foot from the side property line and 3 feet from the rear property line
where a 1 foot setback and 3 foot setback currently exist with minor roof volume expansions;
and
• A variance from Orono Municipal Zoning Code Section 78-1680 to allow 768 square feet of
hardcover for the boathouse within the 75-foot setback where limited hardcover improvements
are permitted; and
• A variance from the rescue bench 15 foot fill perimeter around the boathouse as required by
the floodplain regulations.
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 12/09/2020 and revised on
01/29/2021 by Sathre-Bergquist, Inc., and building plans submitted by the Applicant 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 (June 28, 2022).
5. An as-built survey shall be provided upon completion of the site development to
demonstrate compliance with the approvals and floodplain regulations.
6. 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.
6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7199
F
`'lkESHO0"
ADOPTED by the Orono City Council on this 28th day of June, 2021.
ATTEST: CITY OF ORONO:
/d/d44!
nna Carlson, City Clerk Dennis Walsh, Mayor
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