HomeMy WebLinkAboutResolution 7150 1111 II II I 1111 I I 1111
LAND TYPE Torrens (T)
DOC NUM 5863442
Certified, filed and/or recorded on
Aug 4, 2021 12:43 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie acting, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 1 Pkg ID 2290479E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
02-117-23-43-0023
Existing Certs
1451387
This cover sheet is now a permanent part of the recorded document.
sLOiVp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t(1\,L, NO.
7150
`�'EsHO G
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305; 78-1279; AND 78-1680
AND
CONDITIONAL USE PERMITS PURSUANT TO
SECTIONS 78-1437; 78-1118; 78-1125; AND 78-1126
FILE NO. LA20-000022
WHEREAS, on March 13, 2020, on behalf of William F. Wanner and Kathleen A.
Wanner, husband and wife (hereinafter the "Owners"), Randy Haapala (hereinafter the"Applicant"),
applied for the following land use approvals:
1. A variance from Orono Municipal Zoning Code Section 78-305 to allow redevelopment of
a property with 1.27 acres in area and 180 feet of width where 2.0 acres and 200 feet of
width are required; and
2. A variance from Code Section 78-1279 and 78-1680 to allow 530 square feet of hardcover
consisting of building and structure within the 75-foot setback from the OHWL of Lake
Minnetonka where no hardcover is permitted; and
3. A variance from Code Section 78-1125(a) to permit less than a 15-foot elevation bench
around the home; and
4. A conditional use permit pursuant to Zoning Code Section 78-1437 to allow plumbing
consisting of a full bathroom including bathtub and/or shower within an accessory building;
and
5. A conditional use permit pursuant to Zoning Code Sections 78-1118, 78-1125, and 78-
1126 to permit filling within the floodplain and grading on the property to mitigate the fill
material in order to develop the property and elevate the home above the RFPE;
For the property addressed 1095 Ferndale Road West and legally described as:
All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying
Southeasterly of the Southeasterly lines of Registered Land Survey No. 441
and Registered Land Survey No. 902, and lying Northwesterly of the
Northwesterly line of Registered Land Survey No. 1372, Hennepin County,
Minnesota;
Subject to perpetual easements for sanitary sewer purposes in favor of the City
of Orono over that part of the above land as specifically described in Hennepin
County Recorder Document No. 4608875 and in Hennepin County Recorder
Document No. 4608876;
Per Certificate of Title Number 1120830 (hereinafter the "Property");
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� NO. 7 1 5 0
`�kESH���
WHEREAS, on September 21, 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 September 21, 2020, the Planning Commission recommended
approval of the requested variances and conditional use permits with the exception of the variance
from 78-1125(a) requiring the 15-foot elevation bench for which they recommended denial; and
WHEREAS, on November 9, 2020, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff. The Council agreed with the
Planning Commission's recommendation and directed the Applicant to revise the grading plan to
conform to 78-1125(a); and
WHEREAS, on November 30, 2020, the Applicant submitted a revised grading
plan conforming to the requirements of 78-1125(a); and
WHEREAS, on December 7, 2020, the City Council reviewed the Applicant's
revised grading plan; and
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the application as amended and 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 #LA20-000022. 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 Residential Zoning District.
3. The Property contains 1.27 acres in area and has a defined lot width of 180 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:
a. Lot Area and Lot Width Variances
b. Variance to permit Hardcover and Building within the 75-foot Setback
2
-vL-ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G NO. 71 5O
-kESHO
c. Conditional Use Permit for Plumbing within an Accessory Building
d. Conditional Use Permit for placement of fill below the 1%annual chance of flooding
in order to elevate the home.
6. In considering this application for variances and conditional use permits, the Council has
considered the advice and recommendation of the Planning Commission and the effect of
the proposed plan 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 lot width and area variances requested are consistent
with the general intent of the Ordinance. The lake setback and hardcover variances are
reasonable and necessary as the highest points of the Property for construction of the
home above the 1% annual chance floodplain are located toward the lake.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The variances resulting in a permit for construction of a single family
residence in a 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:
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 portions of the proposed home on a
substandard lot within the 75-foot setback appears to be reasonable;the floodplain
grading appropriately elevates the home and the required 15-foot grade elevation
is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The major presence of the 1% annual chance floodplain on the Property creates
increased difficulties in locating a conforming building elevation and location. The
new house will be properly elevated out of the floodplain based on the required
RFPE. The sub-standard size of the Property was not the result of actions by the
3
vO�p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF No. 71 5 0
G
`-ikES H o°'
landowner. The natural high area on the Property is more toward the lake
necessitating home and patio placement partially within the 75-foot setback;
c. The variance, if granted, will not alter the essential character of the locality."
The lot area and width variances will not alter the character of the neighborhood;
the lake setback and hardcover variances are reasonable and necessary as the
highest points of the Property for construction of the home above the 1% annual
chance floodplain are located toward the lake. The hardcover is mitigated by the
proposed landscape plan for the Property.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have alone 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 home is 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 substandard lot area and width of the
Property is not uncommon in the surrounding neighborhood. The presence of the 1%
annual chance floodplain on the Property creates increased difficulties however, if the
building pad is reduced it is possible the building can conform to the 75-foot setback
limiting improvements toward the lake.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The property to the east has a higher grade than the Property. The two
properties to the west have similar floodplain challenges.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the requested variances will provide
relief to the Owners regarding the lot size and floodplain on the Property.
4
-OAtp CITY OF ORONO
RESOLUTION OF THE CITYOCOUNCIL
y* 4• NO. 7 1 5
G
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 size of the Property and the
floodplain/topography create practical difficulties affecting the Property; the variances are
necessary and do not merely serve as a convenience to the Owners.
CONDITIONAL USE PERMIT ANALYSIS:
On the basis of the application and the evidence submitted, the city must find that the
proposed use at the proposed location is or will be:
1) Consistent with the community management plan; The proposed uses are consistent
with the permitted uses for the Property, and are compliant with the zoning code and
comprehensive plan.
a. Plumbing within the accessory building: The bathroom within an accessory
building is contemplated and permitted in the zoning code with the required
protective covenants; and
b. The proposed grading: The grading shown in order to elevate the home and
portions of the property above the 1% annual chance floodplain is residential
in nature and complies with the intent of the code. MCWD approvals are also
required for the floodplain mitigation shown.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The detached garage where the
bathroom will be located will be otherwise conforming in location, and height on the
Property. The proposed grading is residential in nature which is consistent with the
permitted uses for the Property.
3) Adequately served by police, fire, roads, and stormwater management; The proposed
use will be adequately served by existing services and facilities.
4) Provided with an adequate water supply and sewage disposal system; This statement
is true; the proposed detached garage with plumbing will be connected to City sewer
and private well.
5
-OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
'
7150
y
F G
�'/ EsHoma``
5) Not expected to generate excessive demand for public services at public cost; This
criterion is met.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; Regarding the import of and movement of fill
material and re-grading of the Property, once completed, will have no impact on
surrounding lands. The grades, once vegetated and landscaped should not have an
adverse impact on the neighborhood or the lake.
The detached garage building is rural residential in character, will be architecturally
consistent with the principal building, and its use is expected to be compatible with the
surrounding area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; The detached garage will have a
residential visual character in keeping with the proposed home and is expected to be
compatible with the surrounding area.
The proposed grading activity will help to slow runoff from leaving the Property and
impacting neighboring properties. The floodplain mitigation proposed will not result in
a negative impact to neighboring properties or the lake.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
The Applicants are proposing to substantially regrade the Property to mitigate filled
floodplain areas for the building site as well as facilitate better stormwater
management. It is likely adjacent lakeshore properties will not be impacted. The
grading will be reviewed and monitored closely by the City's engineer and MCWD
staff to assure that proper grading is conducted and that adjacent properties and the
lake are not adversely impacted.
The architectural styling of the building will be residential in character and consistent
with that of the proposed home on the Property.
9) Not expected to substantially impair the use and enjoyment of the property in the area
or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; The use of the
structure for garage storage and flex space is not expected to have any adverse
impacts. No information has been presented to indicate such.
6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
G` NO. 7 1 5 0
"IkESHOsiLt
The result of the proposed grading will enhance, rather than change, the intended
residential use of the Property; there should be no change in the use and enjoyment
of adjacent properties resulting from the import of fill materials and grading. However,
active grading of the Property can have a temporary adverse impact on neighbors.
The grading work on the Property as well as the further construction of the residence
could result in noise, dust, vibration and traffic on the haul routes and immediate
neighbors. To the degree possible, negative impacts should be limited and mitigated.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The finished grade will be vegetated and
landscaped; it should blend into the Property. The project, once completed, should
not result in undesirable views requiring mitigation.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The result of the
proposed grading will enhance, rather than change the intended residential use of the
Property; there should be no change in the use and enjoyment of adjacent properties
resulting from the import of fill materials and grading. However, active grading of the
Property can have a temporary adverse impact on neighbors. The grading work on
the Property as well as the further construction of the residence could result in noise,
dust, vibration and traffic on the haul routes and immediate neighbors. To the degree
possible, negative impacts should be limited and mitigated.
The proposed detached garage with plumbing is not expected to cause any of these
undesirable impacts.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; The grading project will be monitored by the MCWD, the City
Engineer, and planning staff so as to minimize nuisances during the project.
It is anticipated that the proposed detached garage with plumbing will not generate
any of these undesirable issues.
13) Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; The proposed detached garage with plumbing will
not affect these features or have a negative environmental impact.
The project is being designed to take into account the natural, scenic, and historic
features of the area and to minimize environmental impact. The long term effect of the
7
-‘!L_O'Vp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 71 50
`l'YEs H O
project should result in minimal environmental impacts. The project will be monitored
by the City to prevent erosion from the site.
14)All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; There should be no
lighting or glare resulting from the grading project; the applicant shall be advised of
the lighting requirement regarding the home and detached garage; and
15) Not detrimental to the public health, public safety, or general welfare. The grading
project will be monitored by the MCWD, the City Engineer and planning staff so as to
minimize nuisances during the project. Staff believes this criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following land use approvals:
• A variance from Orono Municipal Zoning Code Section 78-305 to allow redevelopment of a
property with 1.27 acres in area and 180 feet of width where 2.0 acres and 200 feet of width
are required; and
• A variance from Code Section 78-1279 and 78-1680 to allow 530 square feet of hardcover
consisting of building and structure within the 75-foot setback from the OHWL of Lake
Minnetonka where no hardcover is permitted; and
• A conditional use permit pursuant to Zoning Code Section 78-1437 to allow plumbing
consisting of a full bathroom including bathtub and/or shower within an accessory building;
and
• A conditional use permit pursuant to Zoning Code Sections 78-1118, 78-1125, and 78-1126
to permit filling within the floodplain and grading on the property to mitigate the fill material in
order to develop the property and elevate the home above the RFPE; subject to the following:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey, grading plan, and building plans
submitted by the Applicant and annotated by City staff, attached to this Resolution as
Exhibits A, B, and C (hereinafter collectively the "Plans").
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
8
sLOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 71 50
kESHO
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the approvals will expire on
that date (December 7, 2021).
5. The Owners hereby agree to this covenant providing that the accessory building will not
be:
a. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
6. Additionally, the conditional use permits shall remain in effect as long as the
conditions imposed by the City Council are observed, but nothing in this section shall
prevent the city from enacting or amending official controls to change the status of
conditional uses.
7. 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 7th day of December, 2020.
ATTEST: CITY OF ORONO:
INA192X01
9
Anna Carlson, City Clerk Dennis Walsh, Mayor
9
*vicCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1NO. 7150G•kESHO
//
_ 1r'.I �1711e /
"li7m Wan -r, Property Owner at een A. Wanner, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this I day f k , 201.t , by
William F. Wanner, spouse of Kathleen A. Wanner.
>;, ELSSIE BURGOS PAYAN
41% 1
Notary Public-Minnesota
' r. My Commission Expires Notary P blic
.1 � January 31,2024
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this '7 day effu..\v, , 20?t, by
Kathleen A. Wanner, spouse of William F. Wanner. JJ
'',::: ELSSIE BURGOS PAYAN
r2T:..
; My Commission Expires
January 31,2024
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