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Home My WebLink AboutResolution 7363 LAND TYPE Torrens (T) DOC NUM 6013834 Certified, filed and/or recorded on May 18, 2023 12:01 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 102 Pkg ID 2564964E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1471618 This cover sheet is now a permanent part of the recorded document. , -cLOAT CITY OF ORONO 0 RESOLUTION OF THE CITY COUNCIL t G� NO. 7363 4xEsHO-- A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-350; 78-1279; 78-1680 & 78-1700 FILE NO. LA23-000019 WHEREAS, on March 22, 2023, on behalf of William and Marta Melin (hereinafter the "Owners"), A. Sadowski Designs (hereinafter the"Applicant"), applied for variances from the City Code for the property addressed 1940 Shadywood Road and legally described as: Lot 34, except the North 45 feet thereof and all of Lot 35 in "Shady-Wood", according to het plat thereof on file or recorded in the office of the Registrar of Titles, 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 78-350 to allow redevelopment of a nonconforming lot; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new, two-story home 2.7 feet from the side property line where a 7.5-foot setback is required; and 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 home 1.4 feet lakeward of the average lakeshore setback and entirely lakeward of the 75-foot lake setback; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to allow 3,032 square feet of hardcover within the 75-foot setback and resulting in a total site hardcover of 28.9% where no hardcover is permitted in conjunction with the construction of a new home on the existing foundation; and WHEREAS, on April 17, 2023, 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 April 17, 2023, the Planning Commission recommended approval of the variances conditioned upon the Applicant providing additional fencing/protection for the existing mature trees on the Property; and 1 �Ci� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. es 1\j‘ilL �� NO. 7363 `�kfsHOR't WHEREAS, on May 8, 2023 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 variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. 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. A2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. A3. The Property contains 0.24 acre in area and has a defined lot width of 158 feet at the ordinary high-water level on the western lake frontage. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicant has applied for the following variances: a. Lot Area Variance b. Side Yard Setback Variance c. Lake Setback Variance d. Average Lakeshore Setback Variance e. Hardcover Variance to exceed 25%; and f. Hardcover Variance for hardcover within the 75-foot setback. A6. In considering this application for variances, 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. 2 CITYNO. 7363 OF ORONO O RESOLUTION OF THE CITY COUNCIL ci 4„Es,„ ANALYSIS: B1."Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and width, the unique access over the easement on the rear, the proximity to the channel, the 75- foot lake setback, the existing mature trees along the channel, the existing home location, and the low elevation of the property making development difficult. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances proposed to rebuild a new home in the same footprint on this nonconforming lot are consistent with the comprehensive plan. B3."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 request to permit construction of a new residence on the existing foundation on the substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size is an existing condition, there is no available land with which to make the Property more conforming. The restricted driveway access, and lot size and location are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance, if granted, will not alter the essential character of the locality." The variances are requested in order to permit construction of a new home in the same footprint, which is reasonable. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5."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. 3 g.QAT CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL ��l NO. 7363 e4kEs H 00' B6."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 single-family residence is an allowed use in the LR-1 C District. B7."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. B8."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, location, elevation, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The Property's substandard area and width, in addition to the unique configuration along the channel, creates difficulties which apply to very few properties in the City. The neighboring properties have similar challenges. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed size of the home is not exceeding the existing footprint. Granting of the lot area, setback, and hardcover variances are necessary for the preservation of the property right of the Owners. B11."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 variances for lot area, hardcover, and setback in this situation is not contrary to the intent of the zoning chapter. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."Without variances the Property is unbuildable. The variances for lot area, setback, and hardcover are necessary, and do not merely serve as a convenience to the Owners. 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 to allow redevelopment of a nonconforming lot; Section 78-350 to allow construction of a new, two-story home 2.7 feet from the side property line where a 7.5-foot setback is required; Section 78-1279 to allow construction of a home 1.4 feet lakeward of the average lakeshore setback and entirely 4 -cLOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL (� NO. 7363 ti\IIL kESH0t lakeward of the 75-foot lake setback; and Sections 78-1680 and 78-1700 to allow 3,032 square feet of hardcover within the 75-foot setback and resulting in a total site hardcover of 28.9% where no hardcover is permitted in conjunction with the construction of a new home on the existing foundation; subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the survey dated 02/23/2022 and revised on 03/31/2023 by Sathre-Bergquist and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. C3.The 99 square feet of new sidewalk hardcover shall be constructed with a pervious paver material. C4.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C5.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 (May 8, 2024), C6.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. C7.Protective fencing shall be installed around the existing mature trees within the lake yard during construction. ADOPTED by the Orono City Council on this 8th day of May, 2023. CITY OF ORONO: B)---U12c317 — Dennis Walsh, Mayor AT EST: Anna Carlson, City Clerk 5 Proposed Conditions 27'-8" 26'-10"121241227'-7"412SCALE:1A3.0EXTERIOR ELEVATION - WEST3/16"=1'- 0"A3.0 EXTERIOR ELEVATION ISSUE DATE: 03.21.23 REVISION DATES: DESIGN DEVELOPMENTNOTE: LISTED DIMENSIONS AREFOR BIDDING PURPOSES ONLY.ALL DIMENSIONS TO BE FIELDVERIFIED BY CONTRACTOR(S).MELIN RESIDENCE 1940 SHADYWOOD ROAD ORONO, MN 55391 A. SADOWSKI DESIGNS 17800 HUTCHINS DRIVE MINNETONKA, MN 55345 952.303.4230 www.asadowskidesigns.comALL DRAWINGSCOPYRIGHT 2022A.SADOWSKIDESIGNS, LLCSCALE:2A3.0EXTERIOR ELEVATION - EAST3/16" = 1'-0"SCALE:3A3.0EXTERIOR ELEVATION - SOUTH3/16"=1'- 0" 12:1212:1212:1212:124:12A3.1 ROOF PLAN/ EXTERIOR ELEVATION ISSUE DATE: 03.21.23 REVISION DATES: DESIGN DEVELOPMENTNOTE: LISTED DIMENSIONS AREFOR BIDDING PURPOSES ONLY.ALL DIMENSIONS TO BE FIELDVERIFIED BY CONTRACTOR(S).MELIN RESIDENCE 1940 SHADYWOOD ROAD ORONO, MN 55391 A. SADOWSKI DESIGNS 17800 HUTCHINS DRIVE MINNETONKA, MN 55345 952.303.4230 www.asadowskidesigns.comALL DRAWINGSCOPYRIGHT 2022A.SADOWSKIDESIGNS, LLCSCALE:2A3.1EXTERIOR ELEVATION - NORTH3/16"=1'- 0"SCALE:1A3.1ROOF PLAN1/8"=1'- 0" UPTILEWOOD101ENTRYTILEBENCH SEAT WITHSTORAGE SHELVES &HOOKS26682668306830683068COAT CLOSET W/SHELF AND RODBROOM/VACUUM1'-10"VANITYDESKOVEN/MICRO.30" COOKTOPDNDW30" REFBOOKSHELVES/STORAGE5'-0"BOOKCASEWALL15'-6"6'-0"4'-6"30" FRZ4'-6"ABCDFGH 101101A102102MUDROOMTILE103PDR RMTILE104PANTRYWOOD103104C.O.C.O.105KITCHENWOOD106LIVING ROOMWOOD105106GAS FIREPLACEFLUSH HEARTH107STAIRWOODSCALE:1A2.1MAIN LEVEL FLOOR PLAN1/4"=1'-0"A2.1 MAIN LEVEL PLAN ISSUE DATE: 11.29.22 REVISION DATES: DESIGN DEVELOPMENTNOTE: LISTED DIMENSIONS AREFOR BIDDING PURPOSES ONLY.ALL DIMENSIONS TO BE FIELDVERIFIED BY CONTRACTOR(S).MELIN RESIDENCE 1940 SHADYWOOD ROAD ORONO, MN 55391 A. SADOWSKI DESIGNS 17800 HUTCHINS DRIVE MINNETONKA, MN 55345 952.303.4230 www.asadowskidesigns.comALL DRAWINGSCOPYRIGHT 2022A.SADOWSKIDESIGNS, LLC 21068266826683068206820682668206820682668BOOKCASE WALL16'-614"22'-13 8"13'-0"13'-0"2'-0"11'-2916"266826682668IIIJKLMNP203201HALL CARPET203PRIMARY BEDROOMCARPET204CLOSET 1CARPET205PRIMARY BATHTILE206CLOSET 2CARPET207BEDROOM 1CARPET208BEDROOM 2CARPET209BATH 1TILE210LAUNDRYTILE211BONUS ROOMCARPETO201204205205A206207207A208208A208B209209A210211SCALE:1A2.2SECOND LEVEL FLOOR PLAN1/4"=1'-0"A2.2 SECOND LEVEL PLAN ISSUE DATE: 11.29.22 REVISION DATES: DESIGN DEVELOPMENTNOTE: LISTED DIMENSIONS AREFOR BIDDING PURPOSES ONLY.ALL DIMENSIONS TO BE FIELDVERIFIED BY CONTRACTOR(S).MELIN RESIDENCE 1940 SHADYWOOD ROAD ORONO, MN 55391 A. SADOWSKI DESIGNS 17800 HUTCHINS DRIVE MINNETONKA, MN 55345 952.303.4230 www.asadowskidesigns.comALL DRAWINGSCOPYRIGHT 2022A.SADOWSKIDESIGNS, LLC