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HomeMy WebLinkAboutResolution 7417 Variance 2795 Shadywoodr Existing Certs 1506111 11111111111111111111111111111111111111 LAND TYPE Torrens (T) DOC NUM 6052510 Certified, filed and/or recorded on Dec 21, 2023 12:32 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Pkg I D 2632091 E 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.7417 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; AND 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO SECTION 78-1125 FILE NO. LA23-000051 WHEREAS, on August 23, 2023, on behalf of Erik and Marissa Winegarden (hereinafter the "Owners"), Keplinger & Keranen Builders Inc., (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 2795 Shadywood Road and legally described as: Tract A and Tract B, RLS No. 500, 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 78-330 to allow development of a nonconforming lot with 33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the west side where 140-feet 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 new home 13.5 feet from the Narrows Channel and 71 feet from the lake where a 75-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 lake side deck 71 feet from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 4,587 square feet of hardcover within the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in conjunction with redevelopment of the property; and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit (hereinafter a "CUP") pursuant to Orono Municipal Zoning Code Section 78-1125 to allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to the Property's narrow width, according to the approved plans; and WHEREAS, on October 16, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 SHO time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 16, 2023, the Planning Commission recommended approval of the application as applied including the variances and CUP; and WHEREAS, on October 23, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff and directed staff to draft a resolution reflecting their decision to approve the project as applied with the exception of the increased roof height shown on the proposed porch along the channel; and WHEREAS, on November 6, 2023, the Applicant provided revised plans with a new porch roofline for consideration; and WHEREAS, on November 13, 2023 the City Council reviewed the revised application and the recommendations of staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based the revised plans and 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-1 B, Single Family Lakeshore Residential Zoning District. A3. The Property contains 0.75 acres in area and has a defined lot width of 137 feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicant has requested the following approvals: a. Lot Width Variance b. Lot Area Variance c. 75-foot Lake Setback Variance d. Average Lakeshore Setback e. Variance for Hardcover within the 75-foot setback; and 2 �°moo KeSHQ f. A Conditional Use Permit CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7417 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 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. VARIANCE 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 Property has difficulties in its substandard size and width, the proximity to the channel, the 75-foot lake setback, the existing home location, and the floodplain areas 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 properly 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 existing conditions, 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. Hardcover and setback improvements are being made. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 HQ 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. 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 home is an allowed use in the LR-1 B 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 setbacks 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. Some 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 within the setbacks. Granting of the lot area, lot width, lake and average lakeshore setback, and hardcover variances are necessary for the preservation of the property right of the Owners. 1311. "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 and width, hardcover, and setbacks 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, redevelopment of the 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 Property would be challenging. The variances for lot area and width, setback, and hardcover are necessary, and do not merely serve as a convenience to the Applicant. CONDITIONAL USE PERMIT ANALYSIS: The Council may grant a CUP as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city finds that the proposed use at the Property is or will be: C1. Consistent with the community management plan; the proposed development of the Property for residential use is consistent with the community management plan. C2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; with the exception of the currently requested variances, the project will conform to all applicable zoning requirements. C3. Adequately served by police, fire, roads, and stormwater management; in the opinion of staff this criterion is met. C4. Provided with an adequate water supply and sewage disposal system; in the opinion of staff this criterion is met. C5. Not expected to generate excessive demand for public services at public cost; in the opinion of staff this criterion is met. C6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the development of the Property for residential use is compatible and consistent with the neighborhood and surrounding uses. C7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; development of the Property for residential use is compatible and consistent with the neighborhood and surrounding uses. C8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. C9. Not expected to substantially impair the use and enjoyment of the property in the area or �oNo 5H CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the request for grading and filling within the floodplain will be reviewed by Minnehaha Creek Watershed District and a 1:1 mitigation will be required to offset any impacts from the filling activity. C10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The alterations proposed are related to the mitigation for the removal of the existing house foundation and minor leveling of the adjacent grade to elevate the proposed home to meet the RFPE and are consistent with the redevelopment of the property for residential use. The project should not result in undesirable views or sustained activity such to disturb neighbors. Screening vegetation shall be incorporated along the channel to screen the home from views from the lake. C11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The Applicant will be required to adhere to the City's erosion control regulations as well as the permitting requirements of the MCWD. Timely re -vegetation and stabilization will be a requirement of the permitting process. The project should not result in a nuisance condition. C12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the applicant will be required to keep debris off of the public roadways; a haul route should be provided. The noise resulting from the trucks and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be evaluated and monitored by the City Engineer and planning staff so as to minimize nuisances during the project. C13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the overall long-term effect of the project should result in minimal if any environmental impacts. C14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; this project should result in no additional non-residential lighting or glare; and C15. Not detrimental to the public health, public safety, or general welfare. The project should not be a detriment to the public health, public safety, or general welfare. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following: • A variance to Orono Municipal Zoning Code Section 78-330 to allow development of a nonconforming lot with 33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the west side where 140-feet is required; • A variance to Section 78-1279 to allow construction of a new home 13.5 feet from the Narrows Channel and 71 feet from the lake where a 75-foot setback is required; • A variance to Section 78-1279 to allow construction of a lake side deck 71 feet from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; • A variance to Section 78-1680 to allow 4,587 square feet of hardcover within the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in conjunction with redevelopment of the property; and • A conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1125 to allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to the Property's narrow width, according to the approved plans, Subject to the following conditions: D1. Council approval is based on the entire record, above Findings. D2.The approved project shall conform to the survey dated 08/10/23, revised on 10/05/2023 by Otto and Associates and annotated by the Applicant on November 6, 2023 and the building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. D3. Trees or other vegetative screening acceptable to the City which has, upon full -growth, the ability to screen the home from the channel shall be planted. The trees shall be shown on the plans submitted for permit and will be required to be in place prior to release of building permit escrow. D4.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. D5. 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 building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (November 13, 2024). 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 D6.The CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing shall prevent the City from enacting or amending official controls to change the status of conditional uses. D7. 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 13th day of November, 2023. CITY OF ORONO: Dennis Walsh, Mayor ATTEST: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7417 Erik S. Wneg en, roperty Owner Mariss I garden, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this � day of ty�y���r 9 , 202�)21 by Erik S. Winegarden, husband of Marissa K. Winegarden. z>� Sri � CHRISTINE S. LUSIAN Notary Public State of Minnesota M y Commission Ex p Tres Notar anuary 31, 2027 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7 day of IVOV4ept � 20 , by Marissa K. Winegarden, wife of Erik S. Winegarden. �fi,r`sr,r CHRISTINE S. LUSIAN =' Notary Public z Z State of Minnesota My Commission Expire Notary t, # January 31, 2027 9 Certificate of Survey and Topographic Survey aN (After) a o�m \ J O N \ °O TL) A /ST 99j 0 ]0 d0 \ z" / 4�� O Feat � \ � �9 O � � c� \\ • 0 D_ Shed Coma .-i4' NE or Llne PROPOSED ELEVATIONS �q N TOP OF FOUNDA ROM = 941.33 \ / 1 J 4 I a 2� Jam\ �y /J / / sy \ + _- ?sad cq / !D °0; N N GARAGE FLOOR = 941.00s21. BASEMENT FLOOR = 933.50 g Y 931,50, 9J1.:, JJ. W6rm O p n Property Description: I I / \ ^ yo+ \ / o I b k Tract A and B, REGISTERED LAND SURVEY NO. 1 sg ,0 9h• / X931_ 500, Hennepin County, Minnesota, according to the recorded plot thereof LL1 `J Xs3G56 \jam \ �9J, TRAC�f A 21 ASH/"� V O W o Rood Easement p 1 Son. MH Surveyors Note: ' Doc. No. 544834 ASA/ -Rim 932I8 9JI.c r INSTALL i MAINTAIN 9, Inr925.9 4�� U j Easements shown are from the Certificate of ,� / F u) Title it appears that other easements exist, but '9w, CONSMUCRON O / 217ASH O19"ASH they were not provided. ENTRANCE UU JJ 52 19'ASH ! VOLUME CALCULARONS 1 5a aOQ A '932 - XB3173 Box CUT VOLUME = 106 CY - 4;ry 93 y FILL VOLUME = 1,117 CY �r NOTE: Cut and fill volumes were Eosem generated with Civil 3D software J v's Ae�Edge or Co- generated the existing conditions to the �- a ry0 ^ ds 477771 and 54483e \ proposed conditions using the OHWL % d' v� os o LI lower boundary. a y� CCU }N�,ate M Pe, �o' d OPOSEOVEWA �y \ 933 J9 WELL 2.0 Qaayf, 8.76�... r•(�v /�,I 1 :._PROPOSED RETAINING W WALLS /PROPOSED >, z ARVORWTAE m \ ,('�` A� '.�. y 93� y�D�, i-� Sb ,�1.00 �(r LEGEND IQ -V eg Y � —IOIO— denotes Proposed Contour +`+`+ 'S -7 /0175 X denotes Proposed Sot Elevation : b +.4� ry0�:/g32� h.s5, ai art , A Ate e P P rr^^(( f ('`>' �� denotes Proposed Drainage / .ty % �C(7:Mgai6' ` • ` • `\ -i`/ •�i.. :r g K 1�. Y~ 0000c, denotes Proposed Retaining Wall m� N \ /l +++�,++++,* +rr / x h K . - e / - 988 — denotes Existing Contour C O +`So + `+9 . K % r,an 9es. o0 x denotes Existing Spot Elevation y 93F1.$4j(� . / CY FLOOIDPIAIN h �...` v' X9,i1. 6 y 1 o A FF=989.36 denotes Finished Floor Elevation .�y. , +. ...c�MiRCA DpY (TO BE /�-..\ / yi OO 9 "'� + + ' i OLWE BEFAP£ FLOOD � �r� � \ -0 o denotes Pre -construction Silt Logs � O �\ ! , \ ♦� ���+i+♦ PLAIN FILL) jJ�� ///'� br (, �Oh / pd denotes Water Valve \ �\ �4kw T1 \/' C B /�� \` 33 tr denotes Hydrant `o m AreO� 33,0423 S.F. to O.HW.L. �I // F�R.L�L� ® denotes Sanitary Manhole o a X931.02 /� v X9J1.26 �\ '�59. \ / 0 denotes Deciduous Tree E c N _,-5ar y Line �, \ — 55 — denotes Sanitary Sewer Lines j m x — denotes Fence Line y - — - denotes Building Setback Line 'To Front = 35' y E E c �i o \ Side = 10' £° Q `\RipROP OHWL = 7$` 92 U, m p ear �j7 \ Concrete Retaining- wall y a ..,Fags of C i ana U O C i °% N� I / HARD FACE \ PUBU DAD �oameRr ttWrRa lac \ rrr suxr rowmc ucsrarw. 45 6' MIN DEPTH V ,��1�oEr w•o�exr 1'-2' WASHED ROCK sror a uau[n1 -- 1. GEOTExTILE FABRIC UNDER ROCK (zwjx 41�i1 Q H -,Jos = O U O W Q Lr) N z Tf 6i bo . O Z N j � BIOLOG DETAIL PROPOSED HARDCOVER CALCULATIONS: AREA TO OHWL I 33,042E JSF AREA Proposed House 3,842 S.F. Proposed Deck 132 -BO- S.F. Proposed Porch 218 S.F. Proposed Bituminous Driveway 3, 161 S.F. Proposed Retoining Walls 47 S.F. Existing Shed 101 S.F. Existing Bituminous Driveway 145 S.F. Existing Pavers 1324 -FS- S.F. Existing Screen Porch and Steps 1 277 S.F. TOTAL 8,247 7,886 S.F. X HARDCOVER 94,g8 23.9 X . MM M mimmmmr 2 ISSUE PROJECT CLIENT K&K Builders Interior Design , 11.02.23 Winegarden Erik and Manssa 6250 US HWY 12 Clove Design SECTIONS2795 Shadywood Rd. Suite #220 Studio Go DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1 C 2 C 2 O 2 O 2 D G D m m v O A m Z O v x A A 3 ' m A �u �U c ISSUE PROJECT 11.02.23 Winegarden CLIENT Erik and Madssa K&K Builders Interior Design 6250 US HWY 12 Clove Design , SECTIONS2795 DRAWN BY Shadywood Rd. Excelsior, MN 55331 Suite #220 Studio Maple Plain, MN 55359 BUILDERS r' N "` ISSUE PROJECT 11.0223 Winegarden CLIENT Erik and Manssa K&K Builders Interior Design 6250 US HWY 12 Clove Design , WESTELEVATION DRAWN BY 2795 3^adywood Rd. Excelsior, MN 55331 Suite #220 Studio Maple Plain, MN 55359 BUILDERS r' v , NL ISSUE PROJECT 11,02.23 Winegarden CLIENT Erik and Manssa K&K Builders Interior Design 6250 US HWY 12 Clove Design , EASTELEVATION 2795 3^adywood Rd. Suite #220 Studio r' DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 BUILDERS NL ISSUE PROJECT 11.02,23 Winegarden CLIENT Erik and Manssa K&K Builders Interior Design 6250 US HWY 12 Clove Design NORTHELEVATION 2795 Shadywood Rd. Suite #220 Studio r' DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 BUILDERS V "` ISSUE PROJECT 11.0223 Winegarden CLIENT Erik and Manssa K&K Builders Interior Design 6250 US HWY 12 Clove Design SOUTHELEVATION DRAWN BY 2795 3^adywood Rd. Excelsior, MN 55331 Suite #220 Studio Maple Plain, MN 55359 BUILDERS r' NL ■M MM I 1 .. m 2795 sn,aywppa as xax Bdild— 6250 Us ewy 12 S.il 220, Maple Pulp. MN 55359 N .-emee, s, 2o23 :: B U I L D E R 5 AF z� oO o X r 1-4 rt rn Z � 0 0 Im o F <•-a,a• n � F (D s•-e 3ie• 17is0. Q� as pis• c n r - X p LAJ L a-sis• m F 0 rt O =: � Q H (� z rn � 25'-1a 3,a• ;A F WC. e 2795 sn,aywppa as xax Bdild— 6250 us ewy 12 S.il 220, Maple Pima, MN 55359 N ...b., a, zozs :: BUILDER 5 40N\ City of Orono Hardcover Calculation Worksheet �KrsHoti�c, Property Address: ` } r Prepared by: t r I aVIS s� �6 (A Date: IIk zo2.3 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 [er 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75- foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to -Survey Hardcover Item (Describe) Length x Width Total S uare Feet Exam le (Garage) 24' x 30' 720 S.F. A oils 7.I'x U-3 i3"1-7.7 S.F. B `` SC w� h,n ys' SP_ brG o' k ci9.t 1N7?•` S.F. c G.�ra >° 3r;.S'x zg' lozz S.F. D sca sah o rG In an s C w, "i n 7� Z,Z' v 12T Z.77 S.F. E Or. QC wa- 1305 .7°j S.F. F + C a i 7�' S - ,oaGL� Zt)�o, 117 S.F. G Ca.� rE `] e r Se S.F. H ProA or k "jS' n -7S' -SJ611ek S.F. (T x 1 L S.F. X q7 W% S.F. K l n ~K r S2 EM! IL I o. Z' X q .-I I D j S. F. L e )�;n '7S� S.F. M S.F. N S.F. 0 S.F. p S.F. 0 S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. z S.F. (1) Total Proposed Hardcover IL q�6 I _ S.F. Excludable Hardcover (See City Code Sec 784684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover p S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area 33 0�1 Z S.F. Proposed hardcover Percentage [ (3) T (4)1 ZS ��