HomeMy WebLinkAboutResolution 7217 II I II 1 1111 11 11 11
LAND TYPE Abstract (A)
DOC NUM 11037506
Certified, filed and/or recorded on
Oct 29, 2021 2:25 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 175 Pkg ID 2344961E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
�Ot�O CINO.TY OF7 20R1
O7 NO
RESOLUTION OF THE CITY COUNCIL
l-'kES H 01"
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350, 78-1680 and 78-1700
FILE NO. LA21-000052
WHEREAS, on July 29, 2021, Jeff Hemenway ("Applicant"), applied for a variance
from the City Code for the property addressed 3355 Crystal Bay Road and legally described as:
Lot 11, Wallace's Addition to the Village of Minnetonka Beach (hereinafter the
"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 to allow a home addition in the side
yard 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 a hardcover in the 75'
lakeyard setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1700 to allow a hardcover to exceed 25%;
and
WHEREAS, on August 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 August 16, 2021, the Planning Commission recommended
approval of the variance; and
WHEREAS, on September 13, 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 variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1
�O4r CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 2 1 i
<4
"US
1. This application was reviewed as Zoning File #LA21-000052. 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-1C Zoning District.
3. The Property contains 0.12 acres in area (5,185 sq ft) and has a defined lot width of 29.8
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 variance[s]:
a. Side yard Setback
b. Hardcover in the 75' Lakeyard
c. Hardcover to exceed 25%
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
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. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variances are in harmony with the purpose of the Ordinance. The small
lot includes difficulties in its small size and width, manipulated topography, and
proximity to the lake. The lot is also challenged by Crystal Bay Road which runs
through the lake yard. The average lakeshore setback is proposed to be met
protecting views of the lake for adjacent properties.
2. The variance is consistent with the comprehensive plan. The proposed variances to
develop a nonconforming lot of record are consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The request to permit construction of the
addition to an existing home on the substandard lot, in the proposed location
within the lake, and side yard setbacks, appears to be somewhat reasonable
as the property's reduced size and orientation with respect to the lakeshore,
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti NO. 7 2 1 7
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-fkESHO
Crystal Bay Road,and adjacent properties creates difficulties.The hardcover
encroachments proposed within the lake yard appear to be reasonable.
b. There are circumstances unique to the property not created by the landowner; The
uniquely small lot size, width and location to the lake and roadway within the
LR-1C zoning district standards prevent a residential footprint consistent
with the neighborhood. The proposed hardcover level are unique to the
property to serve the proposed home. and
c. The variance will not alter the essential character of the locality. The variances
are requested in order to permit construction of an addition to an existing
home designed to fit the character of the neighborhood according to the
submitted information.
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. 17, 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 single family resident is an allowed use
in the LR-1C 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 property's substandard size and
orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties
creates difficulties which also apply to many of the properties in the same
neighborhood.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The property's substandard size and orientation with respect to the
lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also
apply to many of the properties in the same neighborhood. However the existing
home location unique to this property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting side yard, hardcover and lake
setback variances are necessary for the preservation of the property right of the
applicant.
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 hardcover, side yard and lake setback variances in this unique situation
is not contrary to the intent of the zoning chapter.
3
,LOA CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ? 2 1 7
F L`
Cq&ESHO'
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The variances for lakeshore setback,
hardcover and side yard setback are necessary, and do not merely serve as a
convenience to the applicant as the property has considerable practical difficulties
affecting development.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-350, 78-1680, 78-1700 to allow a home
addition, new driveway and front walk within the side yard setback, in the 75' lakeyard and allow
the overall hardcover to exceed 25%, 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 August 29, 2021 and building
plans submitted by the Applicants and annotated by City staff, attached to this Resolution
as Exhibit A.
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 framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (September 13, 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.
2/A-
ADOPTED
ADOPTED by the Orono City Council on this I J day of (��i3� 'ink.,'
ATTE T: CITY OF ORONO:
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Anna Carlson, City Clerk Dennis Walsh, Mayor
4
CERTIFICATE OF SURVEY FOR Resolution No 7217
JEFFREY HEMENWAY Exhibit
OF LOT 11, WALLACE' S ADDITION TO THE VILLAGE OF MINNETONKA BEACH
HENNEPIN COUNTY, MINNESOTA
LAKE
MINNETONKA
CRYSTAL BAY
929.4 CONTOUR 6`
LINE (O.H.W.) ���..��
0
—940 EXISTING
20
40
o
4\� ADDITION
__941 #3349
80
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HYD'T lip
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b
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A
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DRIVEWAY Ywz& i' 9�0
1' \ (D) /AyvCL DECK
SAVERAGE LAKEETBACK LINE S110RE.. .... ...... \ 0I
DRIVEWAY / / /���
—940 EXISTING
i.e PROPOSED �`-
HOUSE
o
4\� ADDITION
__941 #3349
(B)
SCREEN /
PORCH \�IN
'O FLS'
(944.0)
2�,•
10P� XISTIINC
not purport to show any other improvements
or encroachments.
HOUSE
7-21-21: PROPOSED ADDITION
7-29-21
#3355
aA3'
EXISTING _* (A)
ASSOCIATES INC.
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HOUSE
CONSULTING ENGINEER51, LAND
FLAGSTONE
#3359 (F)® PATIO
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LEGAL DESCRIPTION OF PREMISES : 00-1
Lot 11, WALLACE' S ADDITION TO THE VILLAGE OF MINNETONKA BEACH
o denotes iron marker
Is denotes iron marker found
(908.3) : denotes existing spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
930 denotes proposed contour line
Bearings shown are based upon an assumed datum.
This survey intends to show the boundaries of
the above described property, and the
location of an existing house, spot elevations,
topography,oll visible "hardcover", and
the proposed location of a proposed addition,
driveway and grades thereon. It does
not purport to show any other improvements
or encroachments.
21G07A2.SCJ
7-21-21: PROPOSED ADDITION
7-29-21
G R 0 N B E R G A N D
1 hereby certify that this plan, specification, or report
by direct
SCALE
"=20'
ASSOCIATES INC.
was prepared me, or under my supervision,
and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
1
oar
CONSULTING ENGINEER51, LAND
5-17-21
SURVEYORS, & SITE PLANNERS
�1��
aos No.
445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356
952-473-4141
Mark S. Gronberg Minnesota License Number 12755
21—O
21-007A
7217
R 8 MY'
At this corner the existing house is 7' - 4 3/4" from the side
yard. Zoning allows 7' - 6" . We would like to start the new
foundation at this corner which places the addition
1 1/4" within the setback
Starting at this line the new wall angles in to parallel the side
yard property line.
Variance Explanations
Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN JuIy27, 2021 3
7217
Eave changes to 3355 Crystal Bay Road, Orono, MN
As per the PC discussion the new eave has been divided in two parts
to stay within the 2 foot encroachment allowance. Also the
pitch of the roof was lowered to 5/12 v. the original 8/12
Jeff Hemenway Remodeling September 2, 2021
m
7217
West Elevation Scale 1 /8"
East Elevation Scale 1 /8"
Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN JuIy27, 2021
7217
Lake -side North Elevation Scale 1 /8"
South Elevation Scale 1 /8"
Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN JuIy27, 2021
original dim
was 3'-8"
7217
as pei
canp
water
577 SF unex
Garage Level
R
Scale 1/8"
6' high parfifion
44" x 80" grille
dining table 40"
cable
Falling
cable railing '
�I
i
9
Illllljl�l#111f
4' horn
door 31" opening
I office with r
fold -out
hed f
Iden wl fold -out
' - bed-
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Main Level Scale 1 /8"
Hemenway Remodeling 3355 Crystal Bay Road
Orono, MN July27, 2021 7
1
'4'
l
` typ car
dr
dim Is
- - 6' x 16'
.
--
- - - - - - - -
�
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g
Scale 1/8"
6' high parfifion
44" x 80" grille
dining table 40"
cable
Falling
cable railing '
�I
i
9
Illllljl�l#111f
4' horn
door 31" opening
I office with r
fold -out
hed f
Iden wl fold -out
' - bed-
. o
Main Level Scale 1 /8"
Hemenway Remodeling 3355 Crystal Bay Road
Orono, MN July27, 2021 7
7217
City of Orono
Hardcover Calculation Worksheet
Property Address: 3 ? 55 Cit rl'r f L BAY RD (JFF,A
r�kESHa'E Prepared by: Date:
GrcorvB6RG ,4 A1'1'vc �4rf1; Irvc7-29-2/
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: ROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of
Survey (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) Gara a 24' x 30'
720 S.F.
A � r
B
/
S.F.
p
C
S.F.
D 0 ORt
S.F.
E
5 O
S.F.
TO
F
S.F.
A AO r�
G
y
S.F.
H
S.F.
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.
V
S.F.
W
S.F.
X
S.F.
Y
S.F.
Z
S.F.
1 Total Prosed Hardcover
2 / 6
S.F.
S.F.
Excludable Hardcover See Ci Code Sec 78-1684
S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover
S.F.
3 Net Proposed Hardcover Subtract line 2 from line 1
o
2
S.F.
4 Total Lot Area M f C-'< re'p JFMCAY,0�.L 04 Q =
S.F.
S.F.
Proposed Hardcover Percentage 1(3)+(4))
-52.60%
Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to
ensure 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 19