HomeMy WebLinkAboutResolution 7410 s
LAND TYPE Torrens (T)
DOC NUM 6041882
Certified, filed and/or recorded on
Oct 17, 2023 4:26 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 165 Pkg ID 2613298E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1484341
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNE S OTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing Resolution adopted at the
meeting of the Orono City Council on October 9, 2021 with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 10th day of October, 2023
d117-74—
Anna Carlson, City Clerk
(seal)
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‘7k o A CITNO. 741Y OF OR0ONO
v RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279; 78-1680; and 78-1605
FILE NO. LA23-000026
WHEREAS, on May 17, 2023, Eskuche Design (hereinafter the"Applicant"),
applied for variances from City Code, on behalf of Dan Martinson (hereinafter the"Owner"), 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 from Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow for
construction of a home addition, swimming pool, privacy wall, retaining walls, and other
hardcover improvements to be located within the 75' setback from the OHWL; and
oAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t (4,,,
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4kEs 1-10
WHEREAS, variances from Section 78-1605 for a home addition, swimming
pool, privacy wall, retaining walls, and other hardcover improvements within the 25-foot setback
from the wetland, and;
WHEREAS, on August 21, 2023, 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 August 21, 2023, the Planning Commission provided feedback
regarding the location of the proposed pool, privacy wall, and other improvements and
recommended denial of the variances as applied on a 5 to Ovote; and
WHEREAS, in response to the feedback provided, the Applicant provided a
revised plan for City Council's initial consideration at the September 25th meeting reflecting
removal of the home addition and other minor changes as directed, and
WHEREAS, on September 25, 2023, the City Council reviewed the revised
application based on the recommendations of Planning Commission and Staff, and;
WHEREAS, on September 25, 2023, the City Council directed preparation of
findings for approval of the variances, the Applicant was required to update the plans to remove
the proposed 6-foot screening wall, remove new retaining walls, and recalculate the hardcover
changes; and
WHEREAS, on October 9, 2023, the City Council reviewed and approved the
revised plans and the draft resolution.
NOW, THEREFORE, BE IT RESOLVED that on October 9, 2023, the City
Council of Orono, Minnesota hereby approves the requested variances according to the revised
plans 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# LA23-000026. 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-1A Zoning District.
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C I T NO. 741Y OF OR0ONO
RESOLUTION OF THE CITY COUNCIL
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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 variance to permit changes to the hardcover and structures within the
75-foot lake setback.
b. Lake setback variance to permit changes to the improvements within the 75-foot
lake setback.
c. Wetland setback variance to permit changes to the hardcover and structures
within the 25-foot wetland setback.
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 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
conduct improvements to 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 residential
improvements on the substandard lot within the lake and wetland setbacks
appears to be reasonable considering the Property's small size and its
orientation with respect to the lakeshore on two sides and wetland area
impacting the Property. The hardcover changes proposed within the lake
and wetland setbacks appear to be reasonable.
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-LOB CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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b. There are circumstances unique to the property not created by the landowner;
The unique setbacks resulting from the wetland, lakeshore, and lake inlet
significantly impact the buildable area on the Property; the conditions were
not created by the owners; and
c. The variance will not alter the essential character of the locality. The variances
are requested in order to permit modifications to the improvements on the
Property which are designed to fit the character of the neighborhood and
reduce overall hardcover 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 residential improvements are an
allowed use in the LR-IA 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 unique setbacks resulting from the
wetland, lakeshore, and lake inlet exacerbate the Property's substandard size, this
combined with the home's proximity to the lakes create difficulties which apply to
few properties in the same neighborhood. The lake and inlet impacting the
Property resulting in an approximate 5,000 square foot building envelope is
unique to the Property.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The wetland and lakeshore setbacks create difficulties which
may also apply to a few properties in the same neighborhood. However, the
location of the lake inlet resulting in a more restrictive building envelope is unique
to this Property.
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p Ai- CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances supporting changes to the
structures and hardcover within the lake and wetland setback areas support the
use of the Property and are necessary for the preservation of the property rights
of the owners. The wetland setback and 75-foot lake setback variances are
improving the accessibility of the lot and result in a reduction in hardcover from
the existing condition.
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.
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 impacting 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 Sections 78-1279 and 78-1680 to permit a
new inground swimming pool and other hardcover improvements to be located within the 75'
setback from the OHWL; including variances from Section 78-1605 to permit the new inground
swimming pool and other hardcover improvements within the 25-foot setback from the wetland,
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 survey by Gronberg and Associates
dated 09/27/2023 and building plans submitted by the Applicants and annotated by City
staff, attached to this Resolution as Exhibits A and B.
3. Hardcover within the 75-foot setback areas is limited to 5,753 square feet or 33.01%
(within the 75-foot setback). Overall hardcover is proposed to be 16,263 square feet or
20.03%.
4. The pool patio shall be constructed with a pervious paver material. The 100-square foot
hardcover"credit"for pervious pavers or qualifying deck shall not be applied within the
75-foot setback;
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szLpAT C I T NO. 7414Y OF ORONO
RESOLUTION OF THE CITY COUNCIL
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5. Prior to issuance of a building permit for the proposed project, after-the-fact zoning
and/or building permits must be obtained by the Owner to address the newly installed
replacement boulder retaining walls and lake stair constructed without proper permits.
6. The boulder walls shall be screened from the lake with vegetation.
7. Ongoing compliance with the MCWD regarding wetland impacts.
8. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
9. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining the proper City permits 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 variances will expire on
that date (October 9, 2024).
10. 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 9th day of October, 2023.
ATTEST: CITY OF ORONO:
A7itit
Anna Carlson, City Clerk Dennis Walsh, Mayor
6
Resol. No. 7410
Exhibit A
LA23-00026
Principal Building Setbacks,
also reflects the 75' setback
from the lake and inlet
average
lakeshore
setback line
Revised Survey
LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEETVARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20221EXISTING VIEW FROM LAKE4PROPOSED VIEW FROM LAKENEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICRevised plans
LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET1VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202217'-10 3/4"22'-1 3/4"936'936'CONC.GEN PADA/CA/CAVERAGE
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SETBACKLAKE MTKA75' SETBACKFRENCH CREEK75' SETBACKFLOODPLAINFLOODPLAINPOOLEQUIP.15'x25'PROPOSEDPOOL937'937'PLANTED
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LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET2VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 202211'-0"5'-0"12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'TYP CEILING HEIGHT = 7'-0½" (SITE VERIFY)LOWERLEVEL FLOOR PLANTO REMAIN:UNEXCAVATEDBELOW EXISTINGGARAGEEXISTING:FINISHED LOWER LEVELEXISTING:DECK POSTLOCATIONS12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'
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LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET5VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW DECKING, TRIM, & RAILING -EXISTING DECK ELEVATIONS TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED EAST ELEVATION1DEMO EAST ELEVATION
LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET6VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 20223'-0"3'-0"3'-0"3'-0"PROPOSEDRAILINGPROPOSEDRAILINGNEW DECKING,TRIM, & RAILINGPROPOSED SLIDING DOORS3'-0"3'-0"3'-0"3'-0"RAILING TOBE REPLACEDRAILING TOBE REPLACEDSTONE RET. WALLSEXISTING TO REMAINSTONE LANDSCAPE STEPSEXISTING TO REMAIN12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED SOUTH ELEVATION1DEMO SOUTH ELEVATIONPROPOSED VIEW FROM LAKESTONE RET. WALLSEXISTING TO REMAINREPLACE TIMBER WALLSW/ STONE RET. WALLSTO MATCH EXISTING -NO CHANGE IN HEIGHTNEW DECK, TRIM, AND RAILINGTO IMPROVE AESTHETICNEW STONE VENEERTO CONCEAL STRUCTUREPHOTOGRAPH OF EXISTING HOME AT SHORELINE
LAKEVIEWSRESIDENCE2605 N. SHORE DR,ORONO, MN 55391SHEET7VARIANCE19 JULY 202313 SEPTEMBER 2023(UPDATED)27 SEPTEMBER 2023(UPDATED)952-544-384418318 Minnetonka BlvdDeephaven, MN 55391Copyright 2022NEW VERTICAL LIFT DOORWITHIN EXISTING DOOR OPENING12' 14' 16'GRAPHIC SCALE4'0' 2' 6' 8' 10'2PROPOSED WEST ELEVATION1DEMO WEST ELEVATIONPHOTOGRAPH OF EXISTING GARAGE