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HomeMy WebLinkAboutResolution 6490 �o�o C ITY OF ORONO � �, RESOLUTION OF THE CITY COUNCIL y � 6490 �' G N o. l�kES H OR� A RESOLUTION DENYING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330(b)AND 78-1279(6), AND DENYING A CONDITONAL USE PERMIT PURSUANT TO SECTIONS 78-966 AND 78-1286 FOR THE PROPERTY AT 1565 ORCHARD BEACH PLACE FILE #14-3690 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Fred Johnson of Tonka Lake Properties, LLC (hereinafter "the applicant") is the contract-for-deed purchaser of the property located at 1565 Orchard Beach Place within the City of Orono (hereinafter"the City") and legally described as follows: Attached hereto as Exhibit A (hereinafter "the Property"); and WHEREAS, the applicant has applied to the City of Orono for variances to permit the construction of a single family residence on the Property, requesting the following variances to Orono Zoning Code Sections 78-330(b) and 78-1279(6): 1) Lot area variance to allow construction on a lot area of 9,641 s.f. where 43,560 s.f. is required; 2) Lot width variance to allow construction on a lot of 83' defined width where 140' is required; 3) Rear setback variance to allow rear (north) setback of 12.9' where 30' is required; and 4) Side street setback variance to allow east side street setback of 25.4' where 35' is required; and Page 1 of 10 �s n�a�z �o�o C ITY OF 4RON0 RESOLU�I'ION OF THE CITY COUNCIL �� � 6490 t"�kFs r�o�ti �' N O. 5) Average lakeshore setback variance to allow construction of a single family residence lakeward of the average lakeshore setback line where no such construction is normally allowed; and WHEREAS, the applicant has concurrently applied for a conditional use permit (CUP) pursuant to Orono Zoning Code Sections 78-966(a)(3) and 78-1286 to allow grading and filling of more than 10 cubic yards within the Shoreland Overlay District and to change the grade of lakeshore property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on September 15, 2014, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission subsequently voted 7-0 on a motion to recommend denial of the requested variances and CUP; and WHEREAS, the Orono City Council reviewed the application and accepted additional comments by the applicant and the public at regular meetings held on October 13, 2014, November 10, 2014 and March 23, 2015; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and Planning Commission; and the comments and written statements submitted by the applicant and his agents as well as those received from members of the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances and conditional use permit as described above based on one or more of the following findings of fact concerning this property: 1. The analysis contained within staff inemos dated September 10, 2014; October 8, 2014; November 5, 2014; and March 18, 2015; and the exhibits attached to the aforesaid memos, all minutes from these meetings; and any and all other materials distributed at these meetings are hereby incorparated by reference. 2. The Property is zoned LR-1B Single-Family Lakeshore Residential District. Permitted uses under this designation include city-owned public service structures, gardens, municipal buildings, non-rental guest apartments, one family detached dwellings, and publicly owned parks and playgrounds. Page 2 of 10 i s i»a�2 �0�� C ITY OF ORONO � � RESOLUTION OF THE CITY COUNCIL � � b4 �o �' G N o. t�kF S H p��" 3. The Property along with all property surrounding it is guided in the 2000-2030 Orono Community Management Plan (Comprehensive Plan) for single family residential use. "The key goal of the City's Comprehensive Plan is to protect Lake Minnetonka, which includes the preservation of the natural character of the lakeshore and the water quality of the lake." Grading and development on this small lot will be in conflict with many of the goals and policies contained within the Comprehensive Plan, including but not limited to the following: (1) Environmental Protection Plan, General Policy 8: Granting of the variances will result in overcrowding of the lakeshore. (2) Environmental Protection Plan, General Policy 9: Granting of the variances and conditional use permit will result in removal of protected trees within 75 feet of the lake and will result in land alteration within 75 feet of the lake, leading to a degading of the shoreland. (3) Environmental Protection Plan, Urban Area Policies far Natural Resource Management, Policy 6. Granting of the variances and CUP will remove rather than retain a significant amount of woodland within the property and within the property. (4) Land Use Plan, General Land Use Policies, Policy 7. Granting of the variances and CUP will result in the alteration and removal, rather than the preservation and retention, of natural features of the shoreline including natural topography and shoreland vegetation 4. The Property consists of 0.22 acre, or 9,641 square feet in area in the LR-1B zoning district where the minimum lot size requirement is 1.0 acre or 43,560 s.f. 5. The property is 83 feet in width in the LR-1B zoning district where the minimum lot width requirement is 140 feet. 6. The property is extremely substandard in area under current codes, and was originally platted as a Commons Lot, which traditionally and in this case within the 1885 plat of SAGA HILL was not originally intended as a building site. Building lots within the plat of SAGA HILL were given standard lot and block numbers, and were significantly larger than the Property. The `Commons' designation demonstrates that this site was originally platted as a neighborhood amenity rather than as an individual building site. Page 3 of 10 181174v2 �o�o C ITY OF ORONO � � RESOLUTION OF THE CIT'Y COUNCIL ti � `� G No. 6490 ��kESHO�� 7. In 1978, the then owner of the lot applied to the City for a variance to build, which was denied. The immediately prior owners, the Pfeffers, purchased the property in 1980 with constructive knowledge that variances to build on the site had been denied just two years earlier, and would have known that the Property could not be built on. The general parameters for buildability within the LR-1B district (lot area, lot width, setbacks, etc.) have not become more restrictive since the current owners acquired the Property. 8. In 2013, Mr. Johnson applied for variances to build on the lot on behalf of the Property's owner, Ms. Pfeffer. During this application process, Johnson was provided with information on the 1978 denial, and the 2013 variances were denied. In July 2014, a deed was executed for Johnson to purchase the lot from Pfeffer. Johnson has now applied for variances identical to those denied in the 2013 application. Johnson purchased the Property with full knowledge of the history and limitations of the Property as well as the past denials. 9. The Property was platted before existing codes were enacted. While not created by the landowner, this circumstance is not unique, as a majority of the developed lots in the neighborhood were also platted prior to existing codes. The conditions that have been in place regarding buildability of pre-existing record lots apply to all platted lots within the LR-1 B district. In past actions the City has generally denied lot area variances for vacant lots of area less than 10,000 s.f. 10. The specific code sections applying to the Property for which variances are requested were in place prior to the current owners' acquisition of the Property and in fact were in place prior to the immediate previous owners' acquisition of the property. The regulations are general zoning regulations and apply to many properties on Lake Minnetonka. Letters from neighbors to the City Council indicate that they observed these regulations with respect to building their own homes. New homes have been built in the neighborhood pursuant to the regulations in recent years without the need for variances. 1 l. Factors that demonstrate the inconsistency of the applicant's proposal with the character of the surrounding neighborhood include: - The Property at 0.22 acres is one-fifth the average size of developed residential lots within the immediate neighborhood. - The proposed lakeshore setback at 75 feet is significantly less than the setback of developed lakeshore lots within the immediate neighborhood, which range from 85 feet to 165 feet and average 112 feet. - The proposed street setback of 25.4 feet where a 35-foot setback is required places the structure closer to the street than any other home on Orchard Beach Place. Page 4 of 10 �s>»a�z �o�o C ITY OF QRONO RESOLUTION OF T'HE CITY COUNCIL �� � 6490 G NO. t�KFSH�R� - Removal of nearly all vegetation in a swath approximately 65 feet x 80 feet to accommodate the proposed residence structure will alter the visual character of the neighborhood. 12. The Conditional Use Permit that would allow the filling and grading of the site necessary to correct site conditions to accommodate the proposed house and redirect the natural runoff pattern to create a buildable pad that won't be subject to periodic flooding, will result in significant impacts to existing protected trees in the 0-75' lakeshore setback zone where trees are protected per the provisions of Section 78-1285. 13. The Property has historically been valued for tax purposes at a value not commensurate with that of buildable lakeshore lots. A review of the assessed valuations for the Property for the period 1974 thru 2013, the years for which the City has tax data readily available, indicates that the value for the Property has consistently remained significantly lower than the yaluation of the land for similar sized developed lakeshore parcels in Orono. A review of tax records for similar sized developed lots in the Baldur Park, Shadywood Road and Crystal Bay Road neighborhoods indicates land valuations of$300-500,000 as compared to the$71,000 value placed on applicant's parcel for 2013 payable 2014. 14. The applicant has not established that he would be completely deprived of all economically beneficial uses of the Property, and has not demonstrated that the denial of variances will result in a complete diminution in value. The reasonable uses of the property are the same uses that have been enjoyed by the current and various prior owners for many decades. 15. With respect to Johnson's reasonable investment-backed expectations, the existing permitted uses of the lot were the same when Johnson acquired it and apparently for quite some time before that. An identical application for variances had been submitted by Johnson and denied by the City before he purchased the Property, so he was well aware of the limitations. Thus, Johnson's primary expectation would have been to use the lot for non-building, recreation type purposes. Additionally, the reduced tax valuation of the Property reflected the building restrictions imposed on it, suggesting that Johnson does not have an actual investment-backed expectation of building a residence on the Property. 16. The lot additionally retains a reasonable, economically viable use because the lot could be sold to neighboring properties for purposes of assemblage. Assemblage in the past has resulted in parcels in the neighborhood being of sufficient size to build on. Page 5 of 10 is>»a�2 g-0�0 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � 6490 � � `� G N o. �'�k�sxo��' 17. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and members of the public and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 18. The parameters within which a variance may be granted are as follows: (1) "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 property owner is proposing to use the Property for Yesidential purposes, but requires four (4) variances to site the house. Granting a substantial number and degree of variances for that use is not reasonable given the unique site background and characteristics. The site was not originally created for full time habitation. (2) "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The Property was platted before existing codes were enacted. While not created by the landowner, this circumstance is not unique, as a majority of the developed lots in tlze neighborhood were also platted prior to existing codes. The size of the other lots within the neighborhood were created to support year round habitation. (3) "The variance, if granted, will not alter the essential character of the locality." Granting the variances will alter the essential character of the locality. Considerations include: - The property at 0.22 acres is one-fifth the average size of developed residential lots within the immediate neighborhood. - The proposed lakeshore setback at 75 feet is significantly less than the setback of developed lakeshore lots within the immediate neighborhood, which range from 85 feet to 165 feet and average 112 feez - The proposed street setback of 25.4 feet where a 35 foot setback is required places the structure closer to tlie street than any other home on Orchard Beach Place. - Removal of nearly all vegetation in a swath approximately 65 feet x 80 feet potentially will alter the visual character of the neighborhood. Page6of10 1 a i»4�2 �-��o C ITY OF 4RON0 RESOLUTION OF THE CITY COUNCIL � '� 6490 � `� � N o. j"�kFSHp��' (4) "Economic considerations alone do not constitute practical difficulties." The applicant has recently purchased the Properry for $100,000. There is nothing in the record to suggest that this denial impairs the value of the Property. (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 this chapter." Not applicable. (6) "The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located." Single family residences are a pe��mitted use in the LR-IB distric� Not applicable. (7) "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not Applicable. (8) "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The conditions applying to this property apply to all other properties in the LR-lB zoning district, which are subject to the same zoning standards as this property. (9) "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is extremely substandard in area under current codes, and was originally platted as a Commons Lot, which traditionally and in this case within the 1885 plat of SAGA HILL was not originally intended as a building site. Building lots within the plat of SAGA HILL were given standard lot and block numbers, and were significantly larger than the Property. The conditions that have been in place regarding buildability of pre-existing record lots apply to all platted lots within the LR-IB dist�•ic� (10) "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Page7of10 i s i 1�a�z �o�o C ITY OF ORONO RESOLU'I'ION OF `THE CITY COUNCIL y� � 6490 �' N O. `�kES HO�� Granting variances in order to construct a new residence on a very substandard property that has been devoid of a residence structure is not necessary for the preservation and enjoyment of a substantial property right of the applicanz The reasonable uses of the Property are the same uses that have been enjoyed by the current and various prior owners for many decades. The current owners, the Pfeffers, purchased the Property in 1980 with constructive knowledge that variances to build on the site had been denied just t►vo years earlier, and would have known that the Property could not be built on. The general parameters for buildability within the LR-1B district (lot area, lot width, setbacks, etc.) have not become more restYictive since the current owners acquired the Property. (1 ]) "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." The filling and grading necessary in order to correct the existing site conditions to make the lot buildable if variances are granted, i.e. redirect the �iatural drainage through the site to create a buildable pad that won't be subject to periodic flooding, potentially requires removal of a substantial number of protected trees within the 0-75'zone. This would be contrary to the intent of the zoning code. (12) "The ganting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." On tlzree occasions in the past, the City has determined that the lot should not be built upon. In the I978 City Council resolution denying the lot area, lot width and setback variances, the Council adopted a number of findings supporting denia� The variance request in 2013 ��esulted in a resolution of denial that contains a numbe� of findings establishing a basis for denial of the variances �•equested. Page8of10 1 s i»av2 �-��O C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � � 6490 � G1 NO. ��KFSHo��` Adopted by the City Council of the City of Orono on this 13th day of April, 2015. ATTEST: , � c /� .�.1-C��/'�-�_i' �1.� ..� P �� �'ZX L i��Ti;�s, �ity Clerk Lili Tod McMillan, Mayor Page9of10 �sii�a�2 �-��o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF : d490 �' N O. j�ICESHOR� EXHIBIT A RESOLUTION NO. 6 4 9 0 LEGAL DESCRIPTION The following land in Hennepin County, Minnesota, known as PIN 07-117-23 43 0026 and legally described as: Commencing at the Southeast corner of Block 18, thence North 100 feet; thence Northwesterly to the Northeast corner of Lot 19; thence South 100 feet to the Lake Shore; thence East to the point of beginning. All within SAGA HILL REVISED, Hennepin County, Minnesota.