HomeMy WebLinkAboutResolution 7479 driveway variance 3339 crystal bay rd II III 11 II I II
LAND TYPE Abstract (A)
DOC NUM 11293695
Certified, filed and/or recorded on
Jun 25, 2024 10:05 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 92 Pkg ID 2684489E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
•
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss
)
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on May 28, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on May 28,2024.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 7&350, 7842799 784282 & 784680
FILE NO. LA24-000016
WHEREAS, Steve Fisher o/b/o Jonathan and Theresa Hofer (hereinafter the "Applicant"), applied
for variances from the City Code for the property addressed 3339 Crystal Bay Road and legally described
as:
Lot 8, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota
(hereinafter the "Property");
WHEREAS, the Applicant has applied to the City of Orono for variances from City Code
Section 78-350 for rear yard setback to allow the construction of an addition; and
WHEREAS, the Applicant has applied to the City of Orono for variances from City Code
Section 78-1279 to allow the construction of an addition within a required lake setback- and average
Lakeshore setback; and
WHEREAS, the Applicant has applied to the City of Orono for a driveway width variance from
City Code Section 78-1282 in order to exceed the driveway width maximum of 8 feet within the 75-foot
lake setback; and
WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City
Code Section 78-1680 in order to construct an addition and hardcover within a required lake setback; and
WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City
Code Section 78-1680 in order to exceed the hardcover limitation of 25%; and
WHEREAS, on April 15, 2024, 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 15, 2024, the Planning Commission voted 6 to 1 in favor of a motion to
recommend denial of the variances as applied; and
WHEREAS, the applicant made changes to the application based on the feedback Planning
Commission provided; and
I
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. I / !7 F
WHEREAS, on May 13, 2024 the City Council reviewed the revised application and the
recommendations of the Planning Commission and City staff and directed staff to draft an approval
resolution; 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:
1. This application was reviewed as Zoning File #LA24-000016. 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-1C One Family Lakeshore Residential Zoning District.
3. The Property contains 5,693 square feet in area and has a defined lot width of 63 feet at the 75-foot
Lakeshore setback and a lot width of 63 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. Rear yard setback
b. 7546ot lake setback
c. Average lakeshore setback
d. Hardcover within the lake setback
e. Hardcover to exceed 25%
f. Driveway width within the lake 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:
Pa
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1. "Variances shall only be permitted when they are in harmony with the general purposes and intent
of the ordinance ...."-The variances for the construction of an addition to an existing home on a
substandard parcel are supported by practical difficulties. The existing home is currently bisected
by the 75400t lake setback, average lakeshore setback, and rear yard setback. The property is also
over the allowable hardcover. The proposal includes an addition of a garage bay, second floor living
space and an expanded driveway to serve the addition. A parking pad will be removed as part of
the project. The increase in hardcover, 42.12% of the lot, is necessary to increase the usability and
livability of the existing home and is consistent with the neighborhood. The construction of the
addition is in harmony with the general intent of the Ordinance due to the practical difficulties of
the substandard lot size, substandard lot width, and existing conditions present. This criterion is
met.
2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive
plan." The variances resulting in an addition to an existing home is consistent with the
Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to
the land supporting their requests. 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 pr•oper•ty owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The construction of an addition to an existing home is a reasonable use of the property.
The proposed addition is minimal and provides the homeowner with additional parking
space and storage which is currently lacking. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The lot is substandard in area and width and includes the right -of --way of Crystal Bay Road.
The applicant is proposing to construct a small addition that will expand the garage and
provide needed storage. The small lot size, substandard width, and existing improvements,
such as Crystal Bay Road, are not the result of the current property owner's actions; and
a The variance, ifgranted, will not alter the essential character of the locality."
The proposed variances resulting in the construction of an addition are supported by
practical difficulties and will not alter the character of the area. The neighborhood along
Crystal Bay Road is redeveloping and many of the properties require variances. The
proposed home is in line with the neighboring homes along the street and requesting a
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7479
reasonable hardcover variance that is in line with historically approved variances in the
neighborhood. 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 home is a permitted use in the LR-1 C District.
7. "The board or council may permit as a variance the temporary use of aone-family dwelling as atwo-
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 substandard lot size, substandard lot width, and existing
conditions of the property are unique conditions to this specific property. This criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the land is
located." While the surrounding properties are similar in size, the location of the existing structures on
the property are unique to the subject property. This criterion is met.
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant." The existing home is in a nonconforming location. The proposal will
maintain the same lake setback as the addition is set back. The application proposes an increase in
hardcover in order to construct a small addition that will expand the garage. This criterion is met.
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 will
not adversely impact health, safety, comfort, or morals of the community. This criterion is met.
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 allow for the construction of an
addition to an existing, nonconforming home. The addition is 220 square feet and allows for an
additional garage bay and storage. This criterion is met.
G!
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. [4 / V
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 78-350, 784279, 781282, and 784680 for rear yard setback, 75-
foot lake setback, hardcover within the 75400t setback, average lakeshore setback, hardcover to exceed
25%, and driveway width within the 75400t lake setback in order to construct an addition to an existing
home subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the attached site plan and building plans submitted by the
Applicant and annotated by City staff (hereinafter the "Plans"), 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. Stormwater Mitigation such as gutters must be installed on the property.
5. 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 framing inspection must be completed within one year
of the date of Council approval, or the variance will expire on that date (May 28, 2025).
6. 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 28th day of May 2024.
CITY OF ORONO:
Dennis Walsh, Mayor
5
Resolution 7479 Ex. A
LAKE
MINNETONKA
CRYSTAL BAY
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CERTIFICATE OF SURVEY FOR
JONATHAN HOFER
OF LOT 8, WALLACES ADDITION TO
THE VILLAGE OF MINNETONKA BEACH
HENNEPIN COUNTY, MINNESOTA
CONCRETE
DRIVEWAY
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(943.1)
GARAGE
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(912.7)
8
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#3339
CRYSTAL BAY RD.
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ADDITION
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BW=(943.4)
TW= 944.8
BW= 943.4
9��y (945.4)
(947.1)
LEGAL DESCRIPTION OF PREMISES : /
Lot 8, Wallace's Addition to the Village of Minnetonka Beach. (947.3)
: denotes iron marker found
(908.3) : denotes existing spot elevation, mean sea level datum
910.9 denotes proposed spot elevation
--917--: denotes existing contour line, mean sea level datum
Zr: denotes proposed contour line
Bearings shown are based upon an assumed datum.
This survey intends to show the boundaries of the above described property,
and the location of an existing house, spot elevations, topography and all visible
"hardcover", and the proposed location of a proposed addition and grades thereon.
It does not purport to show any other improvements or encroachments.
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ASSOCIATES, INC. °� ��°�' ° �y Lwansed Land Surveyor under
the laws of the State of Minnesota. oATE
Mark
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Gronberg
Minnesota
License
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