HomeMy WebLinkAboutResolution 7283 LAND TYPE Torrens (T)
DOC NUM 5974987
Certified, filed and/or recorded on
Sep 26, 2022 11:35 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 175 Pkg ID 2495385E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1437675
This cover sheet is now a permanent part of the recorded document.
�4t�0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7283
wcESHO0'
RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO.LA22-000040
WHEREAS, on July 20, 2022, James Schugel and Jennifer Schugel, the property
owners, (hereinafter the "Applicants"), applied for a variance from the City Code for the property
addressed 1971 Fagerness Point Road, and legally described as:
Lot 6, Fagerness; and the accretions to said Lot lying between the extensions
Southeasterly to the shore of Lake Minnetonka of the Northeasterly and
Southwesterly lines of said Lot and Southeasterly of the Southeasterly line of Under
the Linden Ave, as dedicated in said plat, which Southeasterly line is 40 feet
Southeasterly, as measured at right angles, from the Southeasterly line of said Lot,
Hennepin County, Minnesota (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 reconstruction of lake access
stairs and retaining walls with an increased footprint within the 75-foot lakeshore setback; and
WHEREAS, on August 15, 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 August 15, 2022, the Planning Commission recommended
approval of the variance; and
WHEREAS, on September 12, 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 the requested variance as described above based on one or more of the
following findings of fact concerning the Property:
O.A7 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G; NO. 7283
r-,ESHO
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA22-000040. 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 One Family Lakeshore Residential Zoning District.
3. The Property contains 0.32 acres in area.
4. The Property has lakeshore on two sides with a defined lot width of approximately 77 feet
at the OHWL on each side.
5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
6. Applicant has applied for the following variance[s]:
a. 75-foot Lakeshore Setback Variance
7. 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 . . . ." Preserving and protecting the existing lake yard slope is
in harmony with the intent of the ordinance. The proposed retaining walls will be
constructed with boulders in order to maintain the natural aesthetic of the lake, and will be
screened with vegetation wherever feasible.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed retaining walls will continue to maintain the integrity
of the slope and protect the slope from catastrophic failure which protects the lake. The
proposal is consistent with the comprehensive plan.
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�OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�e. NO. 7283
I"l"EsHo "
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 owners propose to install retaining wall improvements which are residential in
nature and reasonable from a residential scope.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The owners have proposed retaining walls to protect against failure of the slope.
The existing slope of the lake yard was not the result of actions by the owner; and
c. The variance, if granted, will not alter the essential character of the locality."
There are existing retaining walls in the lake yard. The variance to permit the
expanded retaining wall structure within the 75-foot lake setback will help to
maintain the existing slope and character of the area.
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 criterion 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 criterion is not applicable, as residential improvements are allowed within
the LR-1 C Lakeshore Residential 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 criterion 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 slope of the Property combined with the
pre-existing improvements are unique conditions affecting the Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The steep slope, existing failing timber wall configuration, and the existing
improvements create conditions which do not apply to all of the adjacent properties.
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�Or�rO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� �; NO. 7283
`4kESHOO"
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting a lake setback variance to allow the
retaining walls within the 75-foot lake setback to be reconstructed with an expanded
footprint is reasonable, is a better solution long-term, and is necessary to preserve the
rights of the owner. The variance is supported by the vulnerable slope on the Property.
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 lake
yard setback variance allowing the retaining walls within the 75-foot lake setback will not
adversely impact health, safety, comfort or morals, or in any way be contrary to the
ordinances.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The proposed walls within the lake yard
will continue to preserve the integrity of the slope and there is no conforming location to
install the retaining walls which would protect the slope. Preserving the existing wall
support is necessary for the protection of the slope and the lake.
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 new retaining
walls and lake access stair less than 75-feet from the OHWL where retaining walls are not
normally permitted, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the revised wall plans dated August 15, 2022
submitted by the Applicant 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 permit for the new construction and
commencing construction of said project. A permit must be obtained within one year of
the date of Council approval, or the variance will expire on that date(September 12, 2023).
4
MONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� �; NO. 7283
`4kESHO0'
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 12th day of September, 2022.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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FIELDSTONE
BOULDER WALL
BUILT TO 44"
INCLUDING BURRIED
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(26) 4' GRANITE STEP
TOP OF WALL
BOTTOM OF WALL
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STAGING AREA
DRIVEWAY
HOUSE
30 6 9 12 15
Scale: 1/8" = 1 ft
NOTES
TOTAL AREA OF PROPERTY: 14940SF
EXISTING IMPERVIOUS: 3411SF
PROPOSED IMPERVIOUS: 301SF
SUM OF PROPOSED CUT AND FILL BELOW 100 YEAR FLOOD: 0
DEMO AND REMOVE EXISTING TIMBER STEPS AND WALLS
PROPOSED 3' GRANITE STEPS W/ 0-4' BOULDER WALLS
YARD GRADING AT 2" DEPTH W/ PULVERIZED TOP SOIL
ANY STUMPS OR VEGETATION TO BE LEFT AS IS ON THE SHORELINE
STAGING AREA MARKED ON PLAN
ACCESS FOR EQUIPMENT MARKED ON PLAN
GRANITE STEPS STOP BEFORE 100 YEAR FLOOD LINE AND DO NOT
EXTEND TO THE DOCK
EROSION CONTROL PLAN
-DISTURBED SOILS TO BE STABILIZED WITHIN 7 DAYS OF ROUGH
GRADING
-SOIL STOCKPILES TO BE USED/REMOVED THE SAME DAY OF
DELIVERY
-SEWER INLETS TO BE COVERED WITH SEDIMENT TRAPPING SOCK
AND TO BE STABLIZED WITHIN 7 DAYS
-TYPE 2 FLOATING SILT CURTAIN TO BE USED FOR SEDIMENT AND
EROSION CONTROL
-ROAD SURFACES WHERE SEDIMENT HAS BEEN TRANSPORTED TO
BE CLEANED AT THE END OF EVERY DAY
-ALL EROSION AND SEDIMENT TO BE REPAIRED AND MAINTAINED
THROUGHOUT THE PROJECT
-SMOOTH OUT GRADE IN DISTURBED AREAS AFTER EQUIPMENT USE
-YARD GRADING AT 2" DEPTH IN DISTURBED AREAS
-SUN/SHADE SEED MIX W/ STRAW AND BLANKET IN DISTURBED
AREAS
-SILT FENCE TO BE USED ON THE HILLSIDE TO CONTROL SEDIMENT
AND EROSION
PROPOSED ELEVATION
FIGURE 1. PROPOSED PICTURES FIGURE 2. PROPOSED PICTURES
CALCULATIONS OF PROPOSED CUT AND FILL
HARD COVER
BOULDER WALLS LF 3' WIDE
65' X3'= 195SF
GRANITE STEPS
L 3' X W1.5' X H.5'= 2.25CY EACH
3'X1.5'=4.5SF
26 STEPS TOTAL
24 STEPS WILL HAVE A HARD COVER OF 3SF EACH
2 STEPS WILL HAVE A HARD COVER OF 4.5SF EACH
24X3'=72SF
2X4.5=9SF
72+9=81SF
BOULDER WALL AND STEPS TOTAL HARD COVER SF
195+81=276SF
PROPOSED FILL250SF OF BOULDER WALLS PROPOSED TO BE INSTALLED IN
PLACE OF EXISTING TIMBER WALLS.
FIELDSTONE BOULDERS WILL RANGE IN SIZE OF 2'-4' WITH AN AVERAGE OF 3'
250SF X3'=750CY
750CY/27=27.8CY OF BOULDERS PROPOSED TO BE INSTALLED
26 GRANITE STEPS PROPOSED TO BE INSTALLED
EACH STEP IS 2.25CY
2.25X26=58.5CY/27=2.17CY
6" OF COMPACTED CLASS 5 TO BE INSTALLED UNDER EACH STEP WITH A 6"
OVER BASE FIGURED.
.5'X4'X1.5'=3CY PER BASE PAD PER STEP
3X26=78CY
58.5+78=136.5CY/27=5.05YD
PROPOSED CUT
280SF 4"X4" WOOD TIMBERS REMOVED OFF SITE
.25X280=70CY/27=2.59CY
2' OVER CUT FOR BOULDER WALLS TO BE BUILT THEN FILLED BACK IN.
27.8CY OF BOULDER WALLS PROPOSED =SAME AMOUNT OF SOIL TO BE CUT
AND REMOVED FROM SITE.
7.22CY OF STEPS AND BASE PROPOSED= SAME AMOUNT OF SOIL TO BE CUT AND
REMOVED FROM SITE
2'X250SF=500SF/27=18.51CY KEPT ON SITE TO BACKFILL BOULDER WALL
TOP SOIL FOR GRADING AND PLANTING
12.52CY OF TOP SOIL TO BE BROUGHT ON SITE
TOTAL REMOVED OFFSITE
59CY REMOVED FROM SITE
52.59CY MATERIALS BROUGHT ON TO SITE