HomeMy WebLinkAboutResolution 7095Doc No A10787929
Certified, filed and/or recorded on
May 19, 2020 8:02 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 87 Pkg ID 1991092E
Document Recording Fee $46.00
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
O V0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7095
G
I�kESHO�`�`
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA20-000025
WHEREAS, on March 18, 2020, John Kraemer(hereinafter the"Applicant"), applied
for a variance from the City Code for the property addressed 855 Old Crystal Bay Road South
and legally described as:
Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th
Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at
a point 302.81 feet South of the North line and 462 feet West of the East line of said
Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD;
thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30
minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described;
thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37
degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay,
Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a
line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in
said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant
766.76 feet from the point of commencement, said last described course being hereinafter
referred to and designated as "Line X"; thence North along "Line X"to said point being South 12
degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of
commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if
extended would go to the point of commencement, said last described line being designated as
"Line Y", a distance of 371.76 feet to the Southwest corner of said Lot 3; thence easterly along
the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53
seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West
a distance of 171.70 feet to the point of beginning.
For the purposes of the foregoing description
The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23
West of the 5th Principal Meridian, is assumed to be a due North and South line.
The point of commencement is the same as the point of beginning of the description of the
property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by
Trustees'Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
et NO. 7 0 9 5
t4kES
under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for
record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10,
1938, in Book 1445 of Deeds, Page 293, and
Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said
Trustees'Deed of September 26, 1938 to said Carpenters, and are now a part of the West line
of the plat of LITTLE ORCHARD, 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 78-1279 to allow a minimal expansion of an accessory
building to be re-constructed in-kind with respect to volume into the grade lakeward of the average
lakeshore setback; and
WHEREAS, on April 27, 2020, 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 April 27, 2020, the City Council reviewed the application and the
recommendations of City staff. Following discussion, the City Council voted 5 to 0 in favor of
directing staff to prepare a resolution with approval findings for approval of the variance; 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:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA20-000025. The analysis contained
within the staff memo and the exhibits attached to the aforesaid memo, all minutes from
the above mentioned meeting, and any and all other materials distributed at these
meetings are hereby incorporated by reference.
2. The Property is located in the LR-1A Single Family Lakeshore Residential Zoning District.
3. The Property contains 2.46 acres in area and has a defined lot width of 210 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
2
-vLOAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7095
et
4kEsHORS
5. Applicant has applied for the following variance:
a. Average Lakeshore Setback Variance
6. In considering this application for the variance, the Council has considered the advice and
recommendation of the staff 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 . . . ."The variance supports the minimal expansion of a non-
conforming structure in the average lake setback area. The goals of average lakeshore
setback include protecting views from land into the lake, the requested variance to
increase the volume of the building by lowering the existing floor while reducing the roof
volume is in harmony with the Ordinance. The most adjacent neighbors are separated
from the structure and situated so that their lake views will not be impacted by the changes
to the existing building and will not negatively impact the views into the property from the
lake. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variance resulting in reconstruction of the existing cabin
without footprint expansions yet within the average lakeshore setback in a residential
zone are consistent with the Comprehensive Plan. The variance to permit the downward
volume expansion is offset by the lowering of the overall roof peak height. This criterion
is met.
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 request to permit a minor downward expansion of the building lakeward of the
average lakeshore setback appears to be reasonable as the neighbors' views are
not negatively impacted; the flat roof design minimized any potential negative
impacts; the mature vegetation, topography, and property orientation separate the
Property from the adjacent neighbors. This criterion is met.
3
-OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 0:009R5
F
t"IkESHORO
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Applicant proposes to reconstruct a nonconforming building to improve
functionality for the owners. The cabin was not constructed by the current owners;
and
c. The variance, if granted, will not alter the essential character of the locality."
The requested variance will not result in the Property being out of character with
the neighborhood;will not expand the footprint of the building; or result in additional
encroachment into the setback toward the lake. The new encroachment will not
alter the character of the locality. This criterion is met.
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 a residential accessory building is an allowed
use in the LR-1A 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 proximity of the existing cabin to the lake
is an existing condition which 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 location and existence of the lake yard accessory building is an
existing condition unique to a small number of properties in the City, but could be applied
to all other properties with lake yard accessory buildings and boathouses.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Substantial property right is provided by the
4
�Okp CITY OF ORONO
N.
RESOLUTION OF THE CITY COUNCIL
y� NO. 7095
t4kESHO �
principal structure. The cabin is allowed to be maintained and replaced in kind. Expansion
of an existing non-conforming structure is not a right, however the building envelope is
proposed to be lowered, and the proposed expansion is downward and does not impact
views of the lake enjoyed by adjacent properties.
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 variance will not adversely impact health, safety, comfort, or morals.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The Applicant asserts that the variance
is necessary for safety and will 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 78-1279 to allow a minimal into grade
expansion of an accessory building to be re-constructed in-kind with respect to location lakeward
of the average lakeshore setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan dated 03/18/2020 and building plans
submitted by the Applicant and annotated by City staff, attached to this Resolution as
Exhibits A & B.
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 on the accessory building within one year of the date of Council approval, or
the variance will expire on that date (May 11, 2021).
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.
5
.‘7LOATp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yes 4 NO. 7095
tgctsHG�:
ADOPTED by the Orono City Council on this 11th day of May, 2020.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clercs Dennis Walsh, Mayor
6
3bOi,T.N.18,�
87.
\ F'
e
\ Ap Resol No.
—— lg LA20-000025
='=_ - = - 4", ,,,z,. Exhibit A
�€ .
\-'-:7- 0---_*_____. --___} . : 4`r
tv----------------------- _,,.f'-- -_,..-- ------__ i—-„.
/
\/./.40:::::..T.--„,,,,,,**-----:::::::----:_ ---f,'-'51g?..ti------"---4g.'4';'::;: ----J.--,.--:_. ___::::-.-_,.._
494
m,
�- --__ _4,-_-_ �-_ - _ _ k �' _ AX,.. � —�ya b - ' _. - - _-
,....,4...i.44,/,:„...e.,sts
0,,
, /„... .._ ...,..:,,
ti
ti ..
r
'
'.; ---,.., ,, . / / i '''''„:'
,
44111100
„
,
. '. 4 I 0 virH I' 1.1 0:
AC. i=
_ -t '� �r�...ar,`, �L spy, I
-. l-------------------
am
•y
•
,
m
' 1,1 tt.'I It --F ;8,
- 4"
- c� Via'
1 I ,y •4a`:M,,,,1, ��y�
,,-,' 44sk - ,f ------ -----,, i , , k8/ /,,, ...-./ ,,,. . ..,-,,..,,.- ;-
__.„-,,,,„..,...,. ' \I it
.... 4.. , ,
,--:,-..,----
, irt.,
,/,/v
,-
, ,,
f::::,",-,‘ / 1 z`Z----------------- -- 1. /YI �•r (fir �.y. *
' `;V,`s
",-;---..Q.,„._....,
11
m '
!Ir
- - ------------.-,-,--.----1-
111* '// ;h ! /
0
''' -�, ,
k -T /'
r-.
/ ;a
c- t �%
111'1011010 E
k 'pti v
- i -:,-
----
___,..-
f
-- t o < € z 9411`I. b,
r arg tg g I 1. I� E < 4. ; i41g�still¢'€
'a r" ea IP!da o�{ ¢I
f� ms.,
' ifiE;i a ai 4;R1 hams
OD = MAXWELL BAY RESIDENCE 13 jgta 3i!ill 44 , 'iiitilf % Co o
4. 4sg gs a as'yiiLl ,3, .• b$C4 _., ,.,..,
7095
MAXWELL BAY RESIDENCE :11.
1.0
G ACCESSORY STRUCTURE RE - BUILD
0 o m
Z cp
11U
Jo
VAPOR-MI-1.01F FOR
`may 3 ,ri: . .` 1 .s, N fe-✓efit_',
ALFF,...,—,,,...„.m.Rd
V
€ ., Z
i
WOE FOR ILLUSTRATION PURPOSES ONLY.REFER TO PLANS a ELEVATIONS FOR PROPOSAL
Cover Sheet
Not for
Construction
# SURVEYOR SOILS ENGINEER STRUCTURAL ENGINEER LANDSCAPE DESIGN INTERIOR DESIGN GENERAL CONTRACTOR ARCHITECTURAL DESIGN SHEET SCHEDULE ,.„.,..� ,,
,, .,w„
Gronberg&Asssociates Inc. Braun Intertec Mattson,MacDonald&Young Topo,LLC. Hanson Nobles Wunderlich John Kraemer & Sons Charlie & Co. Design, Ltd. ''
445 Willow Dr N. 11001 Hampshire Ave.5. 901 3rd.Street,Ste.100 112 N.3rd.St., Ste. 500 275 Market St.,Ste.368 4906 Lincoln Dr. 212 3rd.Ave.N.,Ste.356
1 Long Lake,MN 55356 Minneapolis,MN 55438 Minneapolis,MN 55401 Minneapolis,MN 55401 Minneopolis,MN 55401 Edina,MN 55434 Minneapolis,MN 55401
i Phone: +952.473.4141 Phone: +952.995.2223 Phone: +612.827.7825 Phone: +612.929.2049 Phone: +612.343.0044 Phone: +952.935.9100 Phone: +612.333.2246 r„t,aN,.,
E Contact: Mark Gronberg Contact: Kevin Zalec Contact: Joe Cain Contact: Scott Ritter Contact. Jeremy Wunderlich Contact: Dustin Propp Contact: Anthon Ellis ”"""'""""'
{ Jeff Kraemer Charlie Simmons
f
{
a
f
A 0.0
...........,.... _........,_......._.-------
,,,
0.p 0 0 <I> 0 <I>
.(1)
11.0
0
0
-.-:,- ...— ............_o__
77, 0 1 ---- o-- ..:-2 -0 ...-1. _ • ..... .__ ,.. 0
42_
IT
°-
R4 g `I''
F
2-!
IP7'--, kb. \ 1 114 111 0
I ....„
-.:1'n
i 5 2 -2' i 1111; ;- : .1
11,,° F 1
----II
1
„-;
,, Z.C1). I "Itk.$ 4 „ICI>y, gg. 81 .$ z
I vr -13
I
0 1
40 1r 1111
--- II 0i 1 11' i
II kr i ' . 1
i I 4D 1 1 n 4D ---- 1.' 40
1° 1111—1 1 1-1L-CD
; illik_7( 1_0_
II 0 6.41,4-- A. 1 •
',' '1111V_IlimrAfal i 4>
1 !
i :, ,,,, • • ci ;',,
, f6 =, . •
, -0-
i ,„ •
I,
'17 i i
''-
=
i ........d. „:4.,
...
=lir
.... -
,„.
r 1 1
0 <I> e
,„.
0 0
0, . .;
- - —
;
;
-- 1
II
. I t
.1 '1 I
li ,
!! '
_ v V
' t
[ IP.1 <D 4 Z,CD, t<I> I I <I) 't '')
, -
, I 4 - ‘k
.,.
-
./
Irilltillirli 1—ill_11 1:';!7'.: 1 1'".J -1.''- F 4
o ,.....A.„............ — -_
1 !.
—
----
P
,,.
Ci: <1> <> ,-----!
_,_,
it 1
... EIEIN= IM
i'lf0 iN
.
il fowl I
_
eke-
III
C71
, ;t
MAXWELL BAY RESIDENCECh
ItittlyibblittiliMIOP r'.4 arlie
&COMP",
--'"'-""— 1.11k IOU tiillitiitilli gg -4: ',...'4°.::•,:,:'1,',',1
(=>
.666626,66666,66,26 66m
P, a as e
;sri"i f
a 7,2i�tittitliti�l I i "-
�k 1' ?� 10
t
S 9 _
, I, ' \1 ' s F0 ; €(10'',V/t ) t ia
. f �'H! 4*,0G((it iltN , ��
z$ a -
; f4 Ia,� } g
;1li jd(ti( /j 1:t . `;;q,4'.I
ei ; y
45 !4;4!4"G i'41g li, ,h l t
'fig;I.;
1, -
tt g4;I/II
11) V INV .
,.r
H 6[;
�1 riiiii C;•� I 2. ' It�� _ _
g Ali
tttlnte tiBStilti A r
yo t��t ;�,
I IMM?7W Fv dj _-3
e's} S=. ..ni 11� E114.t�Ri{&'�,1 �t is asi
j r_01,4 , ;X _ F
cp
i� , �i �i,g 4 Char v
tv i MAXWELL BAY RESIDENCE
III
iaa;e t Fflil1'�g if § >•
— ..� o. ..,,,�, . Lfat a ! 11I, 15111 apt I fob A+`
i _ 1 t enw,xw..e m"