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HomeMy WebLinkAboutResolution 7264 LAND TYPE Torrens (T) DOC NUM 5946291 Certified, filed and/or recorded on May 13, 2022 1:22 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 2442229E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1517125 This cover sheet is now a permanent part of the recorded document. %)WeeC> OAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7264 kESHO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA22-000014 WHEREAS, on March 28, 2022, Eric Zehnder o/b/o James Mattson "Applicant", applied for a variance from the City Code for the property addressed 940 North Arm Drive and legally described as: Lot 10, Block 1, Pirates Cove (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow improvements above 42 inches above existing grade within the average lakeshore setback; and WHEREAS, on April 18, 2022, 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 18, 2022 the Planning Commission recommended denial of the variance; and WHEREAS, on April 29, 2022 the applicant submitted amended plans; and WHEREAS, on May 9, 2022, 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/denies] the requested variance 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 #LA22-000014. 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. 1 g0�0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. �,: NO. 7264 C-l'FESHp0O 2. The Property is located in the LR-1B Zoning District. 3. The Property contains 0.99 acres in area and has a defined lot width of 120 feet at the OHWL. 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. Average Lakeshore Setback 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. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ."The proposed property will not impact the sight lines of the lake for the neighboring property. The variance would meet this standard. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The property is being used for a single family home consistent with the comprehensive plan. The project is proposing to install a patio and pool which are accessory improvements to the primary use of the site, which is the house. 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 applicant states "Due to the existing grade of the land, it is a difficult lot to build on and the added fill to bring the pool up to the desired grade does not impact neighbors on either side and will not at all impact any site lines." b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The slope in the lakeyard and irregular contour for the neighborhood were not created by the homeowner. 2 AWN- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL sF �,: NO. 7264 `4kESHoO" c. The variance, if granted, will not alter the essential character of the locality." The proposed project would bring the land grading created by a previous owner closer to the natural grade of the sloped lakeyard. 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 house with a patio and pool are an allowed use in the LR-1B 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 grading on the parcel is unique, left over from an older home demolition project. Elevating the proposed pool and patio above 42 inches in height is not unique due to the land depression. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The depression in the land left from the demolition from a previous home supports the argument for deviation from the strict reading, as this condition is not found in the area 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The proposed project to elevate the grade for the site to a maintainable slope is necessary for the preservation of the nature sloped lakeyard. 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." The proposed project will restore the nature slope of the lakeyard which will align with the neighboring properties. 3 -cLOArO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �: NO. 7264 `4 Es}-1O0" 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The depression in the lakeyard is a unique difficulty, granting the variance will all the grading the lakeyard to be restored to a more natural grade. 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 78-1279 to allow average lakeshore setback, 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 April 29, 2022 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 within one year of the date of Council approval, or the variance will expire on that date (May 9, 2023). 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 9 day of M , 20,g„?____ ATTEST: CITY OF ORONO: i 9 \ i ,s, i Lei , 1 A nna Carlson, City Clerk Dennis Walsh, Mayor 4 x 977.4` 977-2��0� X 977.2 O� 976.9 ; �CJ / 976.8 o0 C � m� 977 F(�D IP I/4 978.7 / BLD I DECK + / \ -, ,- 30.0/- _ // _Al \ -------- EXIST G uu rx E K J�/ 9FND66 IP X235 \ HO SEj� / 966.0/ LD J9665\ / N8/ ,(c / o I �-�1NOOD FENCE / .Y0003 I /$ WOOD FENCE 4 -1969.2 971. t 96�j 0 /X X / 9� 3A� - 923 t $6 .I oil �05.a Q/ 6 co Vt Ip ?PHS seem x 959.0 L: p� iv °' M j Abandoned L-10 J D X 971.6 or i .t �G� I N `` o+ �t x / J 72.452 8 5i 958.E 961.0 ^� x 9/6-B �;18 3 � x� 9, J /� �� �\l 61.3 x 960.�4� 58.5 975.8 XT ���457: 97.4 P 9735y741W ZQ.J+� 9 Sp6o 729 / 1 I I iZ / ]Q_ x 968.9 _ 2 972-- '`$ -974�� 974.1 f tT22O� x 977.9 I -� 2+/- Proposed Top ofFoundation Elevation x I x 929.4 \ 'o DESCRIPTION OF PROPERTY SURVEYED I I 9 side of the boundary line that J e Forestae Lake - Lot 10, Block I PIRATES COVE, according b the recorded plat thereo Hennepin County, Minnesota I I 6' STANDARD N01ES I I N 0 Tree 20" / 929.4 1) Site Address: 940 North Ann Drive, Orono, Minnesota 55364 18454 Tree 6"/4" x2 65004 I / 8„ 2) A tide opinion was not furnished b are surveyor as part of this survey. Only casements per dre recorded plat are shown unless otherwise denoted hereon J A L 3) Flood Zone Information: X (area determined b be outside of the 0.2% annual chance floodplain) and Zone AE (Areas subject b inundation by the / A p E I -percent -annual -chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown at 931.5.) per Flood Jns uance Rate Map, Community Panel No. 27053CO284F, effective dale ofNovember 4th, 2016. Tree 10" - q ] Parcel Area Information: Gross Area: 43,378 s.f. ± 0.9% acres± 6" 65007 Tree *We do not affirmatively insure the quantity ofacreage set forth in 1 e description 18458 Maple 5) Benchmark: Elevations are based on HeRtlepin County Geodetic Station Name: FOREST which has an elevation of 94531 feet (NGVD29). Tree 16" 6) Zoning Information: The current Zoning for the subject property is LR -1B (One Family Lakeshore Residential - 1 Acre) per the City oIOrono's zoning map N. 65009 Tree dated November, 2018. The setback, height and floor space area restrictions for said zoning designation are as follows: 18460 Maple 24" Principal Structure Setbadcs - Stree4s): 35 feet (North Arm Drive) ( 12" 18461 Side: 10 feet \ \ Tree Rear. 3D feet 18462 O 6" Lake: M feet (From Ordinary High Water Line) 930.6 20" 18463 Tree 6" 65013 Tree Height: 30 feet 18464 Tree B" Hardcover. 25 percent of lot area 01 l_ r 93 82� LA I 9� 0o rn \� FNDP I/2" f sr ppbP x 929.4 CK TAIRs 1 1t J - o 929.4 • \ to \ � m� f m � n \ 1 f -VntG 00 65010 6 00 1 1 7 -1 � � Z�� \ 0\ v C1� �1 �1 , I / ZN� 6 00� C to 1�gio 1 0 929.6 •� 929.4 ��PG > A 65002 I co Q Z Y, 1 65013 OI � I y. 929.5 x � N I 1 6 I0 1 65014 929.4 � r I \ I� 6501 Q �h 6 00j9 I 1�� •�� °^ 0 ! 1 1 JI ` ` 929.3 P x BLD DECK Please note that the zoning information shown hereon may have been amended through a city process. We recommend that a zoning leder be obtained from the Zoning Administrator for the current restrictions for this site. All setback information and hardcover data for planning and design must be verified by all parties involved in the design and planning process. We have not received the current zoning classification and building setback requirements from the insurer. 7) Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be widerground utilities in the mapped area, therefore extreme caution must be exerdse before arty excavation takes place on or near this site. Also, please note that seasonal conditions may inhibit err- ability b visibly observe all the utilities located on dre subject property. Before digging, you are required ed by law to notify Gopher State One Call at least 48 hours in advance at 651/454-0002. 8) No wetland delineation was performed for this survey. The Wetland Boundary and Wetland Buffer lines shown hereon tie conservative estimates. Tree Summary ProDosed Elevations Proposed Garage Floor Elevation -� 2+/- Proposed Top ofFoundation Elevation x Proposed First Floor Elevation = 975.6 \ 'o x Fence ties are shown on the r- M I 9 side of the boundary line that J e Forestae Lake - x�LL the fence 's located on. V I C I N X Please note that the zoning information shown hereon may have been amended through a city process. We recommend that a zoning leder be obtained from the Zoning Administrator for the current restrictions for this site. All setback information and hardcover data for planning and design must be verified by all parties involved in the design and planning process. We have not received the current zoning classification and building setback requirements from the insurer. 7) Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be widerground utilities in the mapped area, therefore extreme caution must be exerdse before arty excavation takes place on or near this site. Also, please note that seasonal conditions may inhibit err- ability b visibly observe all the utilities located on dre subject property. Before digging, you are required ed by law to notify Gopher State One Call at least 48 hours in advance at 651/454-0002. 8) No wetland delineation was performed for this survey. The Wetland Boundary and Wetland Buffer lines shown hereon tie conservative estimates. Tree Summary ProDosed Elevations Proposed Garage Floor Elevation = 9732 Proposed Top ofFoundation Elevation = 973.7 Proposed First Floor Elevation = 975.6 Proposed Basement Floor Elevation = 965.0 Bearings are based on the Hennepin County Coordinate System (NAD 83 -1986 adj.) 20 10 0 10 20 40 7110 _ W 1 SCALE IN FEET Point# Species Size I Point# Species _ si 18451 Tree 6" 65001 e Forestae Lake - 8" V I C I N Tree 6' 65002 Boxwood I N 0 Tree 20" 65003 Y 8" 18454 Tree 6"/4" x2 65004 S C 8„ 18455 Tree M A L Boxwood n Lf1f 18456 A p E 65006 Tree 10" 18457 Tree 6" 65007 Tree Point# Species Size I Point# Species Size 18451 Tree 6" 65001 Tree 8" 18452 Tree 6' 65002 Boxwood 24" 18453 Tree 20" 65003 Boxwood 8" 18454 Tree 6"/4" x2 65004 Boxwood (OFFSITE) 8„ 18455 Tree 8' 65005 Boxwood 18" 18456 Maple 22" 65006 Tree 10" 18457 Tree 6" 65007 Tree 16" 18458 Maple 20" 65008 Tree 16" 18459 Maple N. 65009 Tree 16" 18460 Maple 24" 65010 Tree 12" 18461 Maple id' 65011 Tree 12" 18462 Tree 6" 65012 Tree 20" 18463 Tree 6" 65013 Tree 20" 18464 Tree B" 65014 Boxwood 14" 18465 Tree 10" 65015 Boxwood W. 18466 Tree 6' 5016 Bo -w ' YARD LIGHT 18467 Tree E3' GAS UNDERGROUND ¢ 18468 Maple 12" - o H u - - OVERHEAD UTILITY 18469 Maple 1211 UTILITY VAULT 18470 Tree 28" @ WATERMAIN MANHOLE 18471 Tree B" FLAG POLE @ 18472 Tree B" [ 0 FUEL PUMP 18473 Tree 12" TELEPHONE UNDERGROUND 18474 Maple W. RETAINING WALL 18475 Maple 10' MONITORING WELL U T� 18476 Maple 16" (]) CURB STOP 18477 Maple 16" GAS VALVE IM 18478 Tree 14" @ GAS MANHOLE 18479 Maple 10' RAILROAD TRACKS @J 18480 Maple 12" Trees to be Removed = RAILROAD SIGNAL 18481 Tree 16" *Tree Summary based tie field survey, not 18482 Maple 24!- pe,formed byArborist -u- SURVEY LEGEND @ CAST IRON MONUMENT (!I PIEZOMETER VVOE WALKOUT ELEVATION 0 IRON PIPE MONUMENT SET L, POWER POLE FIFE FIRST FLOOR ELEVATION e IRON PIPE MONUMENT FOUND C GUY WIRE GFE GARAGE FLOOR ELEVATION DRILL HOLE FOUND Ro ROOF DRAIN TOF TOP CF FOUNDATION ELEV. { CHISELED "X" MONUMENT SET Ls LIFT STATION LOE LOWEST OPENING ELEV. CHISELED "X" MONUMENT FOUND �S SANITARY MANHOLE I CONCRETE REBAR MONUMENT FOUND ® SANITARY CLEANOUT BITUMINOUS L, PK NAIL MONUMENT SET STORM MANHOLE - - - - - - . - BUILDING SETBACK LINE A PK NAIL MONUMENT FOUND ® STORM DRAIN C T v - - CABLE TV Q PK NAIL W / ALUMINUM DISC ® CATCH BASIN CCN CRETE CURB /o SURVEY CONTROL POINT Q FLARED END SECTION 960 CONTOUR EXISTING 161 A/C UNIT TREE CONIFEROUS CONTOUR PROPOSED [g CABLE TV PEDESTAL TREE DECIDUOUS -"--"-"-"--"- GUARD RAIL 11J ELECTRIC TRANSFORMER TREE CONIFEROUS REMOVED _ _ CT - - DRAIN TILE ® ELECTRIC MANHOLE TREE DECIDUOUS REMOVED E L C - - ELECTRIC UNDERGROUND ® ELECTRIC METER () TELEPHONE MANHOLE - X - X -- FENCE rn ELECTRIC OUTLET II] TELEPHONE PEDESTAL FD- - FIBER OPTIC UNDERGROUND 0 YARD LIGHT Ip UTILITY MANHOLE GAS-- GAS UNDERGROUND ¢ LIGHT POLE q UTILITY PEDESTAL - o H u - - OVERHEAD UTILITY (1) FIBER OPTIC MANHOLE 14 UTILITY VAULT TREE LINE q FIRE DEPT. HOOK LP @ WATERMAIN MANHOLE SANITARY SEWER f" FLAG POLE @ WATER METER » STORM SEWER [ 0 FUEL PUMP CO, WATER SPIGOT T E L - - TELEPHONE UNDERGROUND FUEL TANK I�h1) WELL RETAINING WALL [ i ] PROPANE TANK MONITORING WELL U T� UTILITY UNDERGROUND © GAS METER (]) CURB STOP - I-- WATERMAIN W GAS VALVE IM GATE VALVE � TRAFFIC SIGNAL @ GAS MANHOLE "Cf HYDRANT RAILROAD TRACKS @J GENERATOR IRRIGATION VALVE $ RAILROAD SIGNAL FB GUARD POST POST INDICATOR VALVE C- RAILROAD SWITCH 'R HAND HOLE -u- SIGN 0 SATELLITE DISH ['I MAIL BOX [sa] SOIL BORING ® WETLAND BUFFER SIGN FIELD CREW NO. BY DATE REVISION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I an a duly Licensed TWP:117-RGE.23-SEC.07 FILE NO. USE (INCLUDING COPYING, DISTRIBUTION, AND/OR OMAK 9 JRS 10/25/2021 ADDED GAZEBO & PATIO, REMOVED HOT TUB CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS Land Surveyor under the laws of the State of Minnesota. 4✓ CERTIFICATE OF SURVEY 35750-003 1,r -s Hennepin County DRAWN 10 JRS 10/26/2021 REVISED GAZEBO & PATIO & HARDCOVER CALC STRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'s I ---+-- ---+------------------1 AEXPRESS UBORIZATRIONCONSTTUTESTANILLEGITIMATEOSEAND Dated this 22ndday ofApril, 2021. 1t1 1 SATHRE-BERGQUIST, INC. - CHECKED 11 JRS 1115/2021 REVISED POOL PATIO AREA &HARDCOVER CALC � CHECKED 12 JRS 1126/2022 REVISIONS & HARDCOVER CALC SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ...,.. ?'" ORONO PREPARED FOR: - - ALL RESPONSIBILITY. SAIBRE-BERGQUIST, INC. RESERVES V m w I' 14000 25TH AVENUE NORTH, SUITE 120 DLS 13 JRS 213/2022 TREES ADDED/TREE SUMMARY UPDATED THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY �j PLYMOUTH My 55447 (952) 476-6000 MINNESOTA ZEHNDER HOMES DATE 14 JRS 2/25/2022 REVISED POOL PATIO AND GRADING LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES Daniel L. Sclunidt, PLS Minnesota License No. 26147 �rr� WWW.SATHRE.COM 4L �I 2-16-21 15 JRS 4/2912022 REVISED POOL PATIO AND GRADING RESULTING FROM ILLEGITIMATE USE. Schmidt@sathre.com 1 i; -••s p'--"