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Home My WebLink AboutResolution 7285LAND TYPE Abstract (A) DOC NUM 11149233 Certified, filed and/or recorded on Sep 26, 2022 11:50 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 158 Pkg ID 2495394E Document Recording Fee 46.00 Document Total 46.00 This cover sheet is now a permanent part of the recorded document. O CITY NO OF. 7285 ORONO RESOLUTION OF THE CITY COUNCILSWA, 4kESHO A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1680 and 78-1700 FILE NO. LA22-000032 WHEREAS, on July 26, 2022, Julie Jones ("Applicant"), applied for a variance from the City Code for the property addressed 3349 Crystal Bay Road and legally described as: Lot 10, Wallace's Addition to the village of Minnetonka Beach (hereinafter the Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow the house and deck addition within the 75 foot lakeyard setback; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow the 43.7% hardcover; 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 variances; and WHEREAS, on September 12, 2022,the City Council reviewed the application and the recommendations of the Planning Commission and City staff; 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 #LA22-000032. 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. O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y G; NO. 7285 j kESHO4' 2. The Property is located in the LR-1C Zoning District. 3. The Property contains 0.13 acres in area and has a defined lot width of 50 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[s]: a. Lakeyard setback variance b. Hardcover variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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 purpose of the Ordinance. The small lot includes difficulties in its small size and width, 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 use the Property for a single family dwelling with 2,d story home and deck additions for the front entryway 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 additions to an existing home on the substandard lot, in the proposed location within the 75-foot lake setback appears to be reasonable as the Property's reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties. The hardcover encroachments proposed within the lake yard appear to be reasonable and the new hardcover will be for a more usable front entry way. 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 prevent a residential footprint consistent with the 2 svOiv CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. G NO. 7285 CFsHO O neighborhood. The proposed additions and 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 residence is an allowed use in the LR-1C 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 create 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 create difficulties which also apply to many of the properties in the same neighborhood. However the existing home location is 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 hardcover and lake setback variances are necessary for the preservation of the property rights 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 and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 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 and hardcover are necessary, and do not merely serve as a convenience to the Applicant as the Property has considerable practical difficulties affecting development. 3 SWAT CITY OF ORONO iN°111L- RESOLUTION OF THE CITY COUNCIL 1. G; NO. 7285tkESH0`` 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 78-1680 and 78-1700 to allow a home and deck addition within the 75-foot lake setback and to allow 43.7% hardcover 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 July 25, 2022 and building plans 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 Applicant, 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 (September 12, 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 12th day of September, 2022. ATTEST: CITY OF ORONO: ribgE0i nna Carlson, ity Clerk Dennis Walsh, Mayor 4 2 CERTIFICATE OF SURVEY OF Lot 10, WAllACE'S ADDITION TO THE VIZ ZAGE OF MINNETONKA BEACH a 1 e8 80 lest 1 699 a1 nl' 5 Lade cv9° , I 0 Ok 4 e* d,\d" A J, So i-.4 934.0 9 t2l 1 V34 ti EXISTING HARDCOVER 6 3. o° 4.0 , 9J7.(b 6 Q, 9 Building 1,088 Sq.Ft.- A/! Patios & Decks 307 Sq.Ft. Conc. Walks & Drive 885 Sq.Ft. Landscaping 273 Sq.Ft. I ` Walls 81 Sq.Ft. Total Hardcover 2,634 Sq.Ft. Lot Area 6,031 Sq.Ft. of Hardcover 43.7 % ; 40.9 75' Setback from 929.4 OHW " Proposed Deck (71.2 sq ft) & Building Cantilever (34 sq ft) constructed over existing hardcover 0 x 000.0 000.0) OWNER & SITE ADDRESS: JULIE LENSING 3349 CRYSTAL BAY RD WAYZATA, M N 55391 ORONO) Revised: 7/01/22 — proposed deck do building cantilever Revised: 7/11/22 — odj setback typo Revised: 7/19/22 — deck rev Revised: 7/25/22 — deck rev 8 Cww noon-9A61 0.8 / X HO USE 1st ,noa.91E! y 945.3 40 49. SO 4k , G.Q• Q'Q 7 4% 4.,•JQo s• ioire{4 9' 4. / 9 4 . 8 f w `--- ------ 1 ° 10 oed 16 u o a tp Denotes found monument Denotes existing elev. Please note that this survey may be subject to facts disclosed by a full and accurate title seach. Denotes proposed elev. Denotes surface drainage Property is subject to apparent easement for city utilities and roadway over Crystal Bay Rood DEMARS—GABRIEL I hereby certify that this survey, plan or report was File No. SuNe for LAND SURVEYORS, INC, prepared by me or under my direct supervision and 14891 C y 2317 W. 93rd St. that I am a duly Registered Land Surveyor under the Book —Page Bloomington, MN 55431 Laws of the State of Minnesota. Julie Jones 763-559-0908 office 612-751- 6785 cell C"; 2/23/2022 scale dec®gwestoffice. net 1 "=20' David E. Crook Minnesota License No. 22414 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 7 Deck Variance The current deck described as 56.7 SF is misleading because most of the surface is the threshold to their front door. Thus the real usable deck surface is approx 16 SF 3830 existing windows 3830 yam -. wall bebw 963 rl N H F)USTMCLOSET existing I ineaea ebcw, ' I EXISTING 21030 LIVING X I. II exlagggr eMaXro lw,.lnh above 11 7/B' I -joists. l6' o.c. II EXIST DINING I closet HIS CLOSET ICI reanizarTBD 8'4 x2' Existing Deck 1/8" The gray area represents the expanded 79 SF deck surface. Dimensions, as requested, are on the legal survey 16'11 existing wkld— 3830 Expanded Deck 1 /8" J 2'9 — exist 1842 2' The blue line indicates the setback determined by the adjacent homes. New deck images. Note; The existing stair railings are not shown. Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 3 iM: Existing images. 1, r(- BLOCKI ate 7qo — Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road July 21, 2022 n House Expansion Variance 5Ioe N W&*Q E-w fl. e 1912 W94 b m n.n M be && Wh O1s° nizrx n f1 wliAlgpmak:h WN\ ` t 4- mphd E/ Ll -D illll oar l m3tlYq eitlliy rewpuawl The blue line Indicates the height of the new roof er required to bE accommodated the Oc expanded Master Bedroom ,d This elevation is taken from the 2015 construction documents indicating the final configuration of the lake -side facade. The new deck has been added to the original elevation. Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 u Existing Roof Plan nts hip rooEebw) _ I b pz bnecb adA M9 r..baa v Imuosbpel rew I I III h . J Bdet I l i I I \ire bbW Mpg SbPeGf ovcire a bWy ' ire by n rg New Roof Plan nts II II II II II II II These two small roof overhangs are removed in the remodeling. The solid blue line is meant to demonstrate that the remodeled lake -side facade does not extend beyond the existing facade. Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 ra„sW M y eMss.g Ew AWmµs Ae 1012WaIV b ik vm 012—.IV, b eWe5ry tool be fah x* etlarg rod rd7eGa WIZMY n cl si6rgbrr lud\ i oel6 Q bmnkh lNG \. \ aohr r.lk L ` ie, aVGerpWtg bW bGLNdbM m 1 hs N 3389 31088 STOOP ABOVE) The new deck has been added to the original 2015 drawings. There are no changes to the existing stairs WAN "Q T v esssrg a+HeFrO Lake -side Elevation 1 /8" raralr, b GMeEK paad daub reriw Gruadaa Y w, bebw (y e,dawa4Hr9 __________ - — — — _- MLx snw w,M, & Wg — — — — are,ea, tbwiWY P .1Mr aYd+,O etla,orebrG 4W LA-2 q/ SRWbofmJETX7...,- .,oa polmd Qa wo P neaiaaW! a ,.a,dg ooe 7! 1 Dow- °'"Wth EXISTING b 21030 LIVING ROOM VWEr kd p f Yrll,i beaoM I dao ore 1* eaMrad o f W I',/. I I oftitLKObi, w0.0 MQ2. WSpa wrn .ram r" wWl.Wftle. I Gbo,b , ie l.piw,,`ac} Z j wma,.1 I weaa, w w,wae rr bete00 DINING ROOM 1 0 eW4, p hoa Xa a— _&' fai d I M9nf CYdOiaGJ LVL a a20p 0 l66::y WU Q 00 00 b tr,GOH KITCHEN 00 00 10 01 h 01 00 00 BATH 3068 — 14' 7— I 2W— — First Floor Plan 1 /8'1 a UTILITY T5x72 1T---- I I IBM I 10 00 I00 GARAGE ay+. den 25' 4 x 20'6 7 ad. q 0 SMALL STORAG 4' 3 x 7? TV d,, g ROOM HALL 70'4 x 21' LARGE STORAGE 174 x 5'10 Basement Plan 1 /8" I l eaV ,d w--d',—FCS-- r47—T3'11j amft. I 1 tlEatry, yy ! MM aOaA dr,0oi b mC1r d oYObq bdeM _ is eaa, wl abw wv`wwA - Lrib,rq ar, a„ati r• H 1,0 rnea egw aiArY bGaaV udr. rwri,o-ebDGbd *dto W" rk nGa Woam Ooda1 M 2a'oe. Iralr h,pm OVA dwin H.oWWOMASTER BDAM BATH obit 16 x 423 73W B' 10x5'2 / doh- WLhdr' ,Mrg b 2968— 2086 — — — Dwz.— 4. 9- 0 11Y i eem mr - — MF r SHOWER rod ,0rs'5 - 37 —0r1m pWa eua Dx Nar h— hlanrpabNore Cle VG,! 3* CLOSET ins cs 1o3XW bAft hLVMOM b 410 e1 l ' itl'g ronwa ea! 1 w nnuInFld Imo' j r b wm wa colt 1l, El 2M 51188 250 1 ad,Ylg 1010 k. rod E I• s.._ e9 a I L173---- 510— — F 29 Second Floor Plan 1 /8" Colors have been added to help define surfaces. These were the drawings approved in 2015. There have been no changes. a 019 b ^' p roa1 ha r gF awrq 1 rod ro Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022