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Home My WebLink AboutResolution 7272l_ III I I II LAND TYPE Torrens (T) DOC NUM 5971169 Certified, filed and/or recorded on Sep 7, 2022 11:32 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 1 Pkg ID 2488496E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1484341 This cover sheet is now a permanent part of the recorded document. o1VCITY OF ORONO RESOLUTION OF THE CITY COUNCILtilICH'NO. 7272 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305, 78-72, 78-1279, 78-1680 AND 78-1605 FILE NO. LA22-000028 WHEREAS, on May18, 2022, Eskucke Design (hereinafter the "Applicant"), applied for variances from City Code for the property addressed 2605 North Shore Drive and legally described as: That part of Government Lot 4, Section 9, Township 117, Range 23, described as follows: Commencing at the North quarter corner of said section; thence on a bearing of South (the North line of the Northeast Quarter of said section being assumed to have a bearing of North 88 degrees 51 minutes West for purposes of this description) a distance of 2878.55 feet; thence South 70 degrees 37 minutes 31 seconds East a distance of 838.42 feet; thence South 67 degrees 19 minutes 23 seconds East a distance of 266.25 feet to Point A, said point A being the point of beginning of the property being described and also the beginning of line A; thence South 32 degrees 16 minutes 30 seconds West along said line A to a point on the shore of Lake Minnetonka, and said Line A there ending; thence Southeasterly along said shore to a point 300 feet Southeasterly from said Line A, said 300 feet being measured on a bearing of South 59 degrees 05 minutes 30 seconds East from said line A; thence North 32 degrees 16 minutes 30 seconds East a distance of 370 feet to an intersection with a line drawn South 59 degrees 05 minutes 30 seconds East from said Point A; thence North 59 degrees 05 minutes 30 seconds West to said Point A, the point of beginning; except that part of said above described property lying Southeasterly of the following described line: Commencing at said Point A; thence South 59 degrees 05 minutes 30 seconds East a distance of 246.74 feet to the point of beginning of the line being described; thence South 34 degrees 54 minutes 30 seconds West to the shore of Lake Minnetonka, and said there ending. Hennepin County, Minnesota hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 to allow for a 21' side yard setback along the east side of the Property; and 1 cLO1V0 t 4CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ILy G; NO. 7272 i ESH00- WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 to allow for a new home, retaining walls, and entrance monuments be located within the 75' lakeyard setback; and WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1680 to allow new hardcover within the 75' lakeshore setback; and WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-72 to allow for construction of a new home on a substandard parcel; and WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1605 for a wetland setback variance for new entrance monuments, and; WHEREAS, on June 21, 2022, 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 21, 2022, the Planning Commission recommended approval of the building, hardcover, retaining wall, side yard setback, and lot area variances; and WHEREAS, on June 21, 2022, the Planning Commission recommended denial of the wetland and lakeyard setback of the variance for new entrance monuments, and WHEREAS, on June 27, 2022, the City Council reviewed the application and recommended approved of all variances as applied; 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 # LA22-000028. 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 Wiv-CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF G; NO. 7272 2. The Property is located in the LR-1A Zoning District. 3. The Property contains 1.86 acres in area and has a defined lot width of 230 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 variances: a) Hardcover in the 75' lakeyard b) Buildings in the 75' lakeyard c) Retaining walls in the 75' lakeyard d) Side yard setback e) Lot area f) Wetland 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. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the intent and purpose of the Ordinance. The goal of the ordinance is to reduce or eliminate improvements in the lake yard, the proposal shifts away from the lake yard as much as practical. This criterion is met. 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 home on the substandard lot, in the proposed location within the lake, and side yard setbacks, appears to be reasonable considering the Property's reduced size and orientation with respect to the lakeshore. The hardcover and retaining walls proposed within the lake yard appear to be reasonable. The entrance monuments are reasonable within the wetland buffer and lakeyard setback with a new location which improves to the setbacks. 3 WAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y*IL G NO. 7272 kE b. There are circumstances unique to the property not created by the landowner; The lake and its inlet limit the building envelope for the property. The surrounding lakeshore is unique property feature of the lane and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a 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. 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 the use for a single family 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 Property's substandard size and orientation with respect to the lakeshore creates difficulties which may also apply to 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 creates difficulties which may also apply to properties in the same neighborhood. However, the location of the lake surrounding the building envelope is very unique to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lot area, side yard and lake setback variances are necessary for the preservation of the property right of the application. The variances for retaining walls and hardcover in the lakeyard facilitate the use of the Property for the new home and are necessary for the preservation of the property rights of the owners. The wetland buffer setback and 75 foot lakeyard setback variances are improving the accessibility of the lot and a smaller footprint than existing infrastructure. 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 in this unique situation is not contrary to the intent of the zoning chapter. 4 O1VCITY OF ORONO RESOLUTION OF THE CITY COUNCIL 14/,' GNO. 7272 ES H 0°- 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 do not merely serve as a convenience to the Applicant. The variances are necessary 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 variances to Orono Municipal Zoning Code Section 78-305, 78-72, 78-1279, 78-1680, and 78- 1605 to allow construction of a new house and entrance monuments, 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 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits 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 variances will expire on that date (June 27, 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 27th day of June, 2022. ATTEST: CITY OF ORONO: NOCI-2:2C)7 Anna Carlson, City Clerk Dennis Walsh, Mayor 5 Exhibit A t - L./..., ___ 21_68.51'211._265.0A1 _- t/__ m / e,oetea, CERTIFICATE OF SURVEY FOR 54 "`' JOHN & SANDRA JEROMEr4 !IN GOVT LOT 4, SEC. 9-117-23 f HENNEPIN COUNTY, MINNESOTA s S 3,3jx ` s.. y` SNOwN(N R1S H0, s] I\ os 30' s Nod f' 1Vo \\ s d tvd z4 we.,&I\`\ 1 sus 4 N. N . j \\ N e\\ 1 r.. N EXISTING I 2 I// Ali a 6ao 6 y/ pw:or eeao N ` ye / s/ t. I I f /FRT 1ys[ 1, ti I 4 DRIVEWAY in\ l 'r,w 1 r..'14.. r..w zd", r. 0 4;.,,,,,"'. 1 / V7 //''''A . , ..„,,..w.rc o z.,....,,o 4o aD q ABY `\0BLACKTOY / M L e''.$4 -..,..!....,.wi$ l. v a1 i 'SCALE N FEET I W\ 4 m ,EXISTING 4,o. HOUSE CS' •,.„,, oh 21505 L7\i mea /./ f LEGAL DESCRIPTION OF PROPERTY (per Certificate of TitleNo.1168419) 4. That portof Government Lot 4.Section 9.Township 117,Range 23,descrbed LAKE n as follows; ommencing at the North quartercorner cfsaidsection:thence on t o bearingof South(the North line I the Northeast 0uorter of said section being assumed to have a bearing /North 88 da minutes51mutes West for JOV `: /purposes f this descriptiodi tance f 2878.55 feet;thence South 70 A \\ / / degrees 37 minutes 31 seconds East a distance of 838.42 feet;thence South M I N N E T 0 N K A 67 degrees 1minutes ads East a distance of 266.25 teat to Point A. id point A being the points f beginning of the property)beogies bed and f '. also the beginning of Line A.thence South 32 degrees 11 minutes 30 ands S' West long od Line A to a point on the shore f Lake Minnetonka,o d s id EAST CRYSTAL BAY Line A thereending;thence Southeasterly along said shore to a point 300 feet Southeasterly rom said Line A.said 300 feet being measuredbearing ,South 59 degrees 0minutes 3seconds East from saidLine A;ahence North 32 degrees 16 minutes 30 seconds East a distance of 370 feet to an inter- section with a One drawn South 59 degrees 05 minutes 30 seconds East from said Point A;thence North 59 degrees 05 minutes 30 secondsconds West to said Point A.the point /beginning;except that part f said above described property lying Southeasterly of the(dowing described line:Commencing at said Point A;thence South 59 degrees 05 minutes 30 seconds East a distance of 246.74 feet to the point of beginning of the line being described;thence South 34 degrees 54 minutes 30 seconds West to the shore of LakeMinnetonka,and said there ending. e Subject to flowage a ometsetforthindecree f which certified copy is off record in Book 85 al Miscellaneous Records,Page 301 in the office of the Register Deeds of this County; denotes iron marker found denotes Judicial landmark sos.3): denotes existing spot elevation,mean sea level datum sir----: denotes existing contour line,mean sea level datum Bearings shown ore based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house.trees.spat elevations,topography and all visible"hardcover"thereon.It does not purport to show any other improvements or encroachments. 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