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Home My WebLink AboutResolution 6532CITY OF OROiN40 RESOLUTION OF THE CITY COUNCIL NO. 6532 A RESOLUTION GRANTING SETBACK VARIANCES FROM ORONO MUNICIPAL CODE SECTION 78-1279 FILE NO. 15-3761 WHEREAS, Nancy Radermecher, a single person, (hereinafter the "Applicant") owned the property located at 4775 North Shore Drive, within the City of Orono (hereinafter "City") and legally described as: Lots 8 & 9 and % of Lot 7 adjacent to Lot 8, Block 6, Bergquist Wicklund's Park, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicant has made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of a two-story addition 12 feet from the top of the bluff where a 30 foot setback is required; and WHEREAS, the Applicant has made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of a two-story addition 12 feet from the top of the bluff where a 20 -foot bluff impact zone setback is required; and WHEREAS, the Applicant has made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of a two-story addition ahead of the average lakeshore setback, 87 feet from the ordinary high water level (OHWL) of the lake where a 90.1 foot setback is required as determined by the neighboring home to the east; 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 July 20, 2015, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 15, 2015, the Property was sold to the Ben A. Wasscher Revocable Trust under agreement dated September 3, 2008 and the Katrina Wasscher Revocable Trust under agreement dated September 3, 2008, (collectively hereinafter the "Owner") represented by Bernard Andre Wasscher and Katrina Lindsey Wasscher as trustees. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #15-3761. Page 1 of 6 RESOLUTION OF THE CITY COUNCIL NO. 53 2. The Property is located in the LR -1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140'. 3. The Planning Commission reviewed this application on July 20, 2015, the Planning Commission voted 5 in favor and 0 opposed on a motion to approve the variances subject to the following conditions: a) Owner shall comply with the permitting requirements of the Minnehaha Creek Watershed District (MCWD). b) Owner shall comply with the recommendations of the City Engineer and Building Official during the permit review and construction process, including but not limited to the following: i. Owner shall submit engineering information due to the possibility of fill soils used to create a stable building pad for the existing home. ii. The proposed structure shall be required to be installed on suitable original soils or engineered corrected soils which would need to be tested and approved by the designing engineer. ill. The Owner shall submit a bluff slope stability analysis for review by the City's engineer prior to issuance of the building permit; 4. Based on the following findings: a). The Property contains 19,250 square feet in area and has 108 feet in width at the OHWL and 128 feet in width at the 75 foot setback. b). The variance to allow construction of the two-story addition on the Property which is substandard with respect to area and width and encumbered by a bluff will alleviate a practical difficulty inherent to the Property and was not created by the Owner. c). The proposal results in a minor decrease in hardcover from 26.2% to 2.47% where 25% is the maximum permitted for a Tier 1 property; the proposed structural coverage is within the permitted limit of 15%. d). The proposed setbacks from the bluff and into the bluff impact zone do not exceed beyond the existing encroachment of the structural deck and are not out of character with the neighborhood. e). The location of the proposed addition ahead of the average lakeshore setback will not affect views of the lake enjoyed by the adjacent owner due to it's location on the home, topography, and the existing screening vegetation. Page 2 of 6 1T Y OF _ _RDtQ! RESOLUTION OF THE CITY COUNCIL NO3 f). The variance to construct a two-story addition to the residence is in harmony with the general intent and purpose of the Ordinance. g). The variance to permit improvements to the existing residence in a residential district is consistent with the comprehensive plan. h). The Applicant provided a survey reflecting the limited building envelope on the Property which is encumbered by bluff setbacks and has substandard lot area and lot width establishing that there are practical difficulties. i). The Owner proposes to use the Property in a reasonable manner not permitted by the official controls; j}. The circumstances unique to the Property were not created by the landowner. k). The entire lakeside of the existing home footprint exists in a nonconforming location ahead of the 30 foot bluff setback; construction of a two-story addition in a permitted location is limited by the existing home and the bluff. The proposed project will be consistent with the neighborhood, and will not adversely impact adjacent lakeshore properties. 1). The granting of the proposed variances will not in anyway impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. m). The granting of the requested variances will not merely serve as a convenience to the Owner, but is necessary to alleviate demonstrable difficulty. 5. The City Council considered this application at a meeting held on August 10, 2015 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 6. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 -f 10F 0-_fRC3N0 RESOLUTION OF THE CITY COUNCIL NO. 653? CONCLUSIONS, ORDER AND CONDITIONS Based on the above findings, City Council of Orono, Minnesota hereby grants a variance from Orono City Code Section 78-1279 to permit construction of a two-story addition 12 feet from the top of the bluff where a 30 foot setback is required; a variance from Orono City Code Section 78-1279 to permit construction of a two-story addition 12 feet from the top of the bluff where a 20 -foot bluff impact zone setback is required; and a variance from Orono City Code Section 78-1279 to permit construction of a two-story addition ahead of the average lakeshore setback, 87 feet from the ordinary high water level (OHWL) of the lake where a 90.1 foot setback is required as determined by the neighboring home to the east, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A $ B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover shall not increase above 4,812 square feet or 25%, as 25% is permitted in Tier 1. Any changes to the plans or the Property which result in an increase in hardcover above the allowed levels are not approved as part of this variance request. 3. Owner shall comply with the permitting requirements of the Minnehaha Creek Watershed District (MCWD). 4. Owner shall comply with the recommendations of the City Engineer and Building Official during the permit review and construction process, including but not limited to the following: a) Owner shall submit engineering information due to the possibility of fill soils used to create a stable building pad for the existing home. b) The proposed structure shall be required to be installed on suitable original soils or engineered corrected soils which would need to be tested and approved by the designing engineer. c) The Owner shall submit a bluff slope stability analysis for review by the City's engineer prior to issuance of the building permit; 5. Authorities granted by this resolution run with the Property not with the Owner, 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 variances will expire on that date (August 10, 2016). Page 4 of 6 TYOF 0 RG, PJ RESOLUTION OF THE CITY COUNCIL NO. 653? 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7 The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 10th day of August, 2015. aeg s, C' y Clerk Page 5 of 6 i -e - let Lili Tod McMillan, Mayor P Owner STATE OF MINNESOTA COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. 6532 This instrument was acknowledged before me this V'0_ day of 2015, by —13L -e-" SS C f-0-� , trustee on behalf of the Ben A. Wasscher Revocable Trust under agreement dated September 3, 2008. Low Notary Public ��✓moi �lr"l�✓J�l.�i-,f'r�l..i✓�✓l1Jl STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ar 4 day of [ LP -A , , 2015, by f�2f6OQL fj 12SSC.d�� , trustee on behalf of the Katrina Wasscher Revocable Trust under agreement dated September 3, 2008. ✓' ✓..r�.r✓rrs✓f�s1✓r�rsr✓rrr✓...5 Page 6 of 6 FOR: -RIDGE GREEK CUSTOM HOMES , 0 ro � �\ ! inch - 2arL aid 0 x PROPERTY ADDRESS: 4773 North Shane Dfire OR( Resolution a am Exhibit A o afdlo. �� .: �7.: oolr>a ams eusawse ,a \ \ oRrorrs Brim" ® 3 2 �. �"`,, •, a , , " uwiw Parr • .'.. \ 4 oaraa;,s Eu�nme ta:lFre/YaE 0019M NNRaONRnOaW lass Dow= UMM POE `+ DENDI s aAf6aM NEIE 34 gak INTI 1112'�.�. :God ' '�"IY- �. •� \ xa9e.wmA � 1� a �• � � '7 , \ FN0.10M A*, \\-jd• � �PEIt IDaOle NOM Pemr ROON-o e aN1rq," n,osP.esLs sit In w"We W Lain abwt has horn vaoatad dr not. TM wwk Tadd 844d to be 0-1"d to aaa N It has bene vaMI a '*10 CACULAT GINS NORTH BEARNW5 SHM ARE CM A p/1'nAf. � .� �, � � TOTAL Lor - itfl M sq. tL - CONMWM TO VERFY HOUSE 01N i ,. `' ''Mcsse ` TOTAL LOT IF LANE Sr. VAC. - 31tI,SDO sq R. AND SEWER AND BASEWBIT OOMM } `. Endalhp t[duas �. 31.3!74 R - Th1s survey was prepared rrlthout this berwt ar >vaa \ Prapaard AddlBm - tltlana►k dnt, appurtemnosa and enwmbr+anoar Bdift Frant Xdese � ft Ft. may exW in wati.n to SO- shown hween. Thla * � � by ��I �" �' �"�0S - t1,7iee aq R auevey Cw eubjeet to m vWan upon reaelpt of a title LEGAL DE$CRIPTID2i Bob" >�ok 3tii76 9q. t'L (f X a* fL to he rwnovad) insurance oammltment Or attomgw title Inion. � Cant 2= 31 Ft. - 7hrs survey .Pas completed NL 121h. 2D1, In th Lata d and tt and 7/2 of Let 7 E+dattnp Shad - 3AB Sq. FL (to be rwnavad) middle of the Minneaata onow/Wntar season Th aadJaowlt to Lae B, B�a.k a BEMWW E1Wft ft— Bdepe - *0 s¢ Ft. (to be rwn� e% W MAMD'S PARK. HMM O Cowft Es. Ret. !raft - *506 Sr+ PL (4:106 aq It. to be —M4may be frolvo mnsnta^atuna 1n addition to those INlmasoto. Edatlng tltcod Stefrs .� d 113 lkt. Ft. (to ba ralndvad} shown hemion tiwt were naE facdW due to enow/las krlpwvwo (dA740 s4 f!) - *W.1!< I =Y owttiy that this Plan. mx wsy or reDart was prepared by k *wv-0 w/idw rt vM (4:4.749 aq. ft-) - 2#.7X ms or under my dkeat•eupsndalarn end that 1 env a duty Lkernesd Lund Surveyor under the lam of the Stats of kmInnaaota. 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