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Home My WebLink About7217 Recorded ResV I 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 This cover sheet is now a permanent part of the recorded document, $46.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 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[sj: 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. /,11/1'&M 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, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO, 77 1 7 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 LRAC 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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. ADOPTED by the Orono City Council on thisW day of a4ml�, 20-:�( ATTE T: Anna Carlson, City Clerk CITY OF ORONO: M�ao Dennis Walsh, Mayor 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 A. •i 1 1 g3a� 00, i e<q •� PROPOSEDDRIVE Ay' 0t '�'• �\\ DECK .... ...... AVERAGE LLIE Wo:5fi0fiE•• '•. \ qe� / \' �S}- 8..� 0.ACKToP /i � —94o-, EXISTING PROPOSED, _ sem HOUSE i 9. ADDITION 9tz� #3349 (B) / /: saEal PCNCH�n ,x2"0 (•,,, •••} (944..0) tP� � XISTING ,i HOUSE �� #3355 aA v •1 EXISTING A) e4 HOUSE FLAGS CIE #3359 (rPATIO PAIs1 (E) 0 20 40 80 . P- SCALE IN FEET SHE ' •�� '¢� SHED I, q0\_ -----944---- L�r LEGAL DESCRIPTION OF PREMISES-: `osj Lot 11, WALLACE' S ADDITION TO THE VILLAGE OF MINNETONKA BEACH o : denotes iron marker • 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, topogrophy,oll visible "hardcover", and the proposed location of aProposed addition, driveway and grades thereon. It does not purport to show any other improvements or encroachments. 7-21-21: PeOPOSED ADWa N 21007A2SCJ 7-28-21 G R O N B E R G AND I hereby certifyy that this plop, specification, or report was by me, or under my direct supervision, SCALE 1 "=20' ASSOCIATESrepored INC.INC and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. u . , LAND CONSULTING ENGINEERS, 5-17-21 SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356 952-473-4141 JOB Noo. 21-007A Mark S. Gronberg Minnesota Llcense Number 12755 21-007A wlod pocket d, by Wit,. EKC 42H 2x iInng 7217 1� 4 pOp p F u. i; ii i i t .>.,_�.... ,.. _�".� � )`�4\• to \ i� .i M broom gn one the grade to delcvMne the emu covning At this corner the existing house is 7' - 4 3/4" from the side yard. Zoning allows T- 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 July27, 2021 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 7217 Image Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN July27, 2021 7217 West Elevation Scale 1 /8" East Elevation Scale 1 /8" Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN July27, 2021 CV N 7217 Lake -side North Elevation Scale 1 /8" South Elevation Scale 1/8" Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN July27, 2021 orlglnal dlm was 3'•8" 77 i 7217 as pet can p waler Garage Level Scale 1/8" Main Level Scale 1 /8" Hemenway Remodeling 3355 Crystal Bay Road, Orono, MN July27, 2021 7 7217 City of Orono �oNo Hardcover Calculation Worksheet F z Property Address: 33.5.S. CX Yl Tic BA i RD 67 'kffHOPrepared by: Date: G�tonigeaG ,� A1'! o� iATEf} i,vc -'9r- 7 29-2/ Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: 3ROPOSED 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. Keyto H SurveyHardcover Item (Describe) Length x Width Total Feet (Example) (Garage) (24'x 30' .(Square 720 S.F. AN E 15 S.F. a0031 S.F. C1A &A 0 JVA.OAt -5"0/ S.F. S.F. E ra FAlr S.F. A D r� S.F. G H S.F. S.F. i S.F. K S.F. L LS.F. S.F. N N S.F. S.F. P S.F. Q S.F. R S.F. S S.F. T TS.F. S.F. uS.F. W S.F. X S.F. Y S.F. S.F. Z S.F. 1 Total Proposed Hardcover 2 Y/ 6 S.F. Excludable Hardcover See CI Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover C) S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1 2 S F 4 Total Lot Area M I ca r'oP0 CA'f r c. 40'44 S.F. Proposed Hardcover Percentage 1(3)+(4)) S Z- 6'0 % 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 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Resolution adopted at the meeting of the Orono City Council on September 13, 2021 with the original thereof on file in my office, and the same is'a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 26`h day of October, 2021. ,Kma Carlson, City Clerk (seal) i kV r,