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Home My WebLink AboutRecorded Resolution 7209LAND TYPE Abstract (A) DOC NUM 11071353 Certified, filed and/or recorded on Jan 25, 2022 1:54 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 152 Pkg ID 2391653E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Existing Certs 1223553 LAND TYPE Torrens (T) DOC NUM 5914545 Certified, filed and/or recorded on Jan 13, 2022 10:31 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 2386204E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7209 A RESOLUTION APPROVING VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA21-000045 WHEREAS, on May 21, 2021, Revision LLC, (hereinafter the "Applicant") on behalf of the property owners Roger S. Haydock and Elanie M. Haydock (hereinafter the "Owners"), applied for a variance from the City Code for the property addressed 4535 North Shore Drive and legally described as: Lot 9, Bergquists Addition to Saga Hill, Hennepin County, Minnesota (hereinafter the "Property„); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 47 square foot addition on the lake side of the existing deck; and WHEREAS, on July 19, 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 July 19, 2021, the Planning Commission recommended approval of the variance; and WHEREAS, on August 9, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.�_ZS! g FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000045. 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 -1 B Single Family Lakeshore Zoning District. 3. The Property contains 0.54 acres in area and has a defined lot width of approximately 65 feet at the OHWL and approximately 75 feet at the 75 -foot setback. 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: a. Average Lakeshore Setback Variance 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 requested average Lakeshore setback variance is in harmony with the Ordinance as the adjacent neighbors have been notified and have not indicated their views of the lake will be impacted by the improvements, and hardcover will be conforming. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The deck project in the 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 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 portions of a deck lakeward of the average lakeshore setback appears to be reasonable; the linear shoreline and location of the neighboring homes result in the existing non -conforming condition. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The location of the neighboring homes, the setback of the existing home from the lake, and the orientation of the shoreline are conditions not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality." It does not appear that the requested average Lakeshore setback variance to permit an extension of the deck on the lakeside of the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. 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 a deck is an allowed use in the LR -1 B 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 location of the existing improvements/ home and the location of the neighboring homes generally in line with the Owners' home along the shoreline are conditions unique to this Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7209 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location of the existing improvements/ home, and the location of the neighboring homes along the shoreline are unique conditions affecting the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicant has indicated the variance is necessary. 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 variance 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 application of the average lakeshore setback on the Property severely limits the options for expanding and/or improving the home on the lake side; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. 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 construction of a 47 square foot addition on the lake side of the existing deck, 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 12/03/2020 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (August 9, 2022). 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 z 0 9 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 91h day of August, 2021. ATTEST: 4�m Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor NOR TH SHORE DRI VE 6 N 83°03'18"E S 84050, 8„ W 66 10.0 FL 6°° --- ((( 966-I ( O d=o`6 10---OPr)Es oo 1 r � •'0000-- \ 1' 0 I+W 190 Mfr O O � \` )u /O � •�� 96}6 19639 1 GARAGE b. PORCH ALL 1 1 F d 29.4 'STUUCCCO ` o EXISTING N52 i 9§ o HOUSE cc99 k? /' 9.0 +9 5"h LFE=952.1 m 0 EXISTING HOUSE Resol. No. 7209 Exhibit A LA21-000045 222.4 ..... I i VLRA0.0 �.. _ -mob \1........ 1 a - - . OFl DE'. - a -ti A. 0 2@4- f95�� HARDCOVER ,( 1 `\ ( '1 -T5S L = EXISTING HOUSE = 3110 SF \\ `1, -� 95Q- — (A -Cs"_ FPORCH = 200 SF FWALK = 100 SF 4 1.15 o \ Average Lakeshore- t � DRIVE = 1725 SF PATIO = 510 SF WALKS = 160 SF \ N Setback Line _ -------•--------94� ty- TOTAL = 5805 SF/24.6% PRAI303 N 55344 FRANK R. CARDARELLE REC. N0. 6508 PROPOSED 95EN DECK = 47 SF/ 0.29 +9" TOTAL EXISTING TO 0 20 40 e0 \ o 1 1� �e�l' 1 I / REMAIN AND PROPOSED = 5852 SF/24.859 \ SCALE IN FEET \\ VJA 11 II ' EXISTING SPOT ELEVATION. �1T1O x/200 ` .. X(998.0)= PROPOSED SPOT ELEVATION \ ,( 1 `\ ( '1 -T5S L = - = DIRECTION SURFACE DRAINAGE \ ` \ ` /1 75 '� �� COH = CANTILEVERED OVERHANG \ OHL = OVERHEAD UTLRY LINE � 1 �� — —I' ` \ ` GFE = GARAGE FLOOR ELEVATION \ OFA 0 TFE = TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEVATION 4535 NORTH SHORE DR PRAI303 N 55344 FRANK R. CARDARELLE REC. N0. 6508 AREA TO OHW = 23560 SF 0.54 AC 95EN DESCRIPTION: IpJ X7046 E — — LOT 8, BERGQUISTS ADDITION \ yQ�, f2� -- TO SAGA HILL, HENN. CO., MN. \\ = 929.4 ADDRESS 4535 RE DR RTH OHW \ N7 MINNETONKA PID 07-01 23031-0007 # LAKE L LOT AREA = 23560 SF/ 0.54 AC X 25% = 5840 SF PROJECT TO. Boor BUIL DING PERMI T SUR VEY fog RE VISION MN DATE DEC3.2020 PA`s REVISIONS Land Frank R. Cardarelle Surveyor FLYING CLOUD DRIVE I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME CR UNDER MY DIRECT SUPERW" AAO H THAT AM A DULY REOSTERED LAND SURVEYOR6440 THE LAWS OF THE STATE OF MINNESOTA. HA YDOCK RESIDENCE UNDER 4535 NORTH SHORE DR PRAI303 N 55344 FRANK R. CARDARELLE REC. N0. 6508 95EN Resol. No. 7209 Exhibit B LA21-000045 3 -r 10'�i- Jj 6r I II II � a � 3' ir o (D II O1 N m 19'-11 9/16" 0 � O it Z ice- D HAYDOGK RE5IDENGE ° q/2/24 Orono, MN I!tMamie I Resol. 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