HomeMy WebLinkAboutResolution 7543 Variance Site Plan 1449 Shoreline Dr a
Y
LAND TYPE Torrens (T)
DOC NUM 6111873
Certified, filed and/or recorded on
Dec 18, 2024 9:29 AM
Office of the Registrar of Titles
Her pin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 148 Pkg ID 2741176E
Document Recording Fee $46.00
Document Total $46.00
r
Existing Certs
1346856
This cover sheet is now a permanent part of the recorded document.
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BOO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
114PIPIL,
�j G~ NO. 7543
9KESHo4
A RESOLUTION APPROVING
A COMMERCIAL SITE PLAN PURSUANT TO
MUNICIPAL ZONING CODE CHAPTER 76, ARTICLE II, DIVISION 4
AND
VARIANCES FROM MUNICIPAL ZONING CODE
SECTIONS 78-1279, 78-1700 and 78-1680
FILE NO. LA24-000050
WHEREAS, on October 29, 2024, the RLA Family Limited Partnership (hereinafter
the "Applicant"), made an application for after-the-fact site plan approval including a request for
approval of after-the-fact variances from the City Code for the property addressed 1449 Shoreline
Drive and legally described in the attached Exhibit A; and
WHEREAS, the Applicant has applied to the City of Orono for after-the-fact
approval of a lakeshore setback variance from City Code Section 78-1279 in order to permit a
construction of a fence within 75-feet of the ordinary high water level ("OHWL"); and
WHEREAS, the Applicant has applied to the City of Orono for an after-the-fact
hardcover variance from City Code Section 78-1680 to allow hardcover within the lakeshore
setback in order to construct of a new parking lot; and
WHEREAS, the Applicant has applied to the City of Orono for an after-the-fact
variance from City Code Section 78-1700 to allow 37.69% hardcover on the Tier 1 Property where
25% hardcover is the maximum allowed; and
WHEREAS, the Applicant has applied to the City of Orono for Commercial Site
Plan approval pursuant to City Code Section 78-142 to allow expansion/creation of a new parking
lot; and
WHEREAS, on November 18 2024, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Orono 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 November 18, 2024, the Planning Commission voted unanimously
in favor of a motion to recommend approval of the after-the-fact variances and site plan review
as applied; and
WHEREAS, on December 9, 2024, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
Ep CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
))!CL:
tiG~� NO. 7543
l'kESH0
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested after-the-fact variances and commercial site plan 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 #LA24-000050. 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 B-2 Lakeshore Business District.
3. The Property contains 124,320 square feet in area and due to its irregular lot shape has
an irregular lot width at the OHWL.
4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater
Quality Overlay District.
5. The Applicant has applied for the following after-the-fact approvals:
a. 75-foot lakeshore setback variance for a fence;
b. A variance for new hardcover within the 75-foot lakeshore setback ;
c. A variance to allow the overall site hardcover to exceed 25%; and
d. A Commercial Site Plan Review
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
and site plan 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.
SITE PLAN REVIEW
Before granting approval of the site plan review, the City Council shall determine that the proposal
meets the required criteria. The Council has determined that the Applicant's proposal:
(1) Is compatible with surrounding land uses; The site is an existing marina and the new
parking lot in compatible with the surrounding land uses. The criterion is met.
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�Op CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7543
lKESHp4�
(2) Preserves existing unique and natural features of the site and minimizes impacts to
wetlands, floodplains, and shoreland areas; The existing and proposed landscaping
on the Property help to filter sediment and stormwater runoff from the new
parking. There is an existing pond and newly constructed swales around the
county road and throughout the property to direct run off into the pond for
filtration. The fence keeps the vehicle impacts to the designated areas and
prevent encroachment into the green space surrounding the lake.
(3) Creates harmonious relationship of buildings and open space with natural site features
and with existing and future buildings having a visual relationship of the development;
The new parking lot is supporting the existing business. The parking lot was
installed in an impacted area from a road project was designed with a fence to
preserve the views from the lake. The natural site features of the slopes and
vegetated lakeshore are protected from further encroachment with the
installation of the fence.
(4) Achieves a safe and efficient vehicular and pedestrian circulation system; The new
parking lot connects parking facilities to dock structures on the same side of the
roadway improving the safety and effectiveness for access to the site. This
criterion is met.
(5) Places no excessive demands on services and infrastructure, including local streets;
This criterion is met.
(6) Conforms to the city's plans for parks, streets, and walkways; This criterion is met.
(7) Conforms to the Orono Community Management Plan;.The marina business with the
necessary and associated parking and pedestrian improvements are anticipated
in the Orono Community Management Plan. This criterion is met.
(8) Achieves a maximum of safety and convenience of vehicular and pedestrian movement;
The parking lot and fencingimprove safety on the Property for vehicles and
pedestrians. This criterion is met.
(9) Incorporates sufficient landscaping to reasonably screen undesirable features and to
enhance the image of the development; The landscaping requirements conform to
the the B-2 District requirements. Landscaping and green spaces are being
maintained and preserved around the new parking lot and fencing improvements.
This criterion is met.
(10) Protects abutting properties and does not create detrimental disturbances to
surrounding properties; This criterion is met.
(11) Conforms to all requirements of this chapter unless a variance has been granted. This ,
criterion is met.
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4-0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
11L
�� ���` NO. 7543
kESHO
(12) Incorporates efforts to conserve energy whenever practical. This criterion is met.
VARIANCE ANALYSIS
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The variances requested for the construction of a
parking area and fencing are necessary for the safety and circulation
maneuverability supporting the permitted marina use in the B-2 district. This
criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the ,
comprehensive plan." The proposed variances are consistent with the
Comprehensive Plan. The Comprehensive Plan emphasizes the protection of
natural resources including our natural waterways. The Applicant has designed the
improvements to allow for continued maintenance of the natural landscaped areas
around the lakeshore; the fencing prevents further lakeward encroachments. as
part of the proposed project, the Applicant will reestablish some of the green
spaces removed during the County construction project for a staging area. 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 property owner's use of the Property is somewhat limited due to its
location almost entirely within the 75-foot setback from the lake. The new,
western parking lot will have defined edging with the fencing which should
improve pedestrian safety on the site. The area was disturbed for the years
during and after the County's road/ bridge reconstruction project. The
Applicant will reestablish green spaces and vegetation around the new
parking lot improvement and near the lake. The proposed new parking area
is reasonable and necessary for safety and accessibility supporting the
permitted use on the site. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Applicant purchased the existing marina business on the Property. Arial
images suggest there has been a similar marina business use operating at
this location since the 1950s. The County used the location of the new
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gO ;,\ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��rq c.> NO. 7543
HO�
proposed parking lot in 2021-2023 as a staging area for the reconstruction
of the Tanager Bridge and removed the existing vegetation in this area.
Following the County's project completion, the disturbed land was vacated
and combined with the marina property.The marina operates on the east and
west side of the parcel. Adding a parking area to the west side of the
property will reduce the number of pedestrian crossings across the busy
County Road and will allow for easier access to the docking areas. Improved
vehicle circulation is also necessary for the safety of the site. The
circumstances of this Property are unique due mostly to the lot's peninsula
shape. The disturbance resulting from the County's use of the site was not
caused by thethe land owner. This criterion is met.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variances to allow a new parking lot and fencing within the 75-
foot setback from the lake is not likely to adversely alter the character of the
neighborhood. Rather the fencing and improved parking will help to contain
the marina use to the Property. The natural vegetation and green spaces will
improve stormwater infiltration and reduce sediments entering the lake. The
new formalized parking lot should help to reduce pedestrian and vehicle
crossings over the County road. 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. The marina is a permitted use in the B-2
District; the proposed improvements are necessary to support the permitted use.
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 narrow building envelope resulting
from shape of the lot (with lake on three sides) and the County right-of-way diving
the Property are conditions unique to the Property. Additionally, the City Code
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BOO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s*It"�` NO. 7543
AEs H OCL
indicates that the required parking for this use should not be separated by a public
roadway. This application corrects this nonconformity with the site. 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." The logistical challenges resulting from the Property's shape; it's
proximity to and relationship with the lake and the County Road; and the location
of the existing structures and improvements are unique to the 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 new parking lot supports increased
safety for pedestrians and vehicles in the area. Additionally, the parking lot and
fence protect the landscaping and natural vegetation around the lakeshore from
vehicle impacts. The application supports the preservation of the Property rights of
the Applicant. 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
variances for the fence setback and parking lot hardcover will improve safety for
the site. The improvments should reduce the pedestrian demand on the crosswalk
over the County road and will improvethe vehicular circulation within the site. 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." There are practical difficulties that
support the application as proposed. The after-the-fact variances requested for the
new parking lot and fencing in the 75 foot lakeshore and street setback areas, the
parking lot hardcover in the 75 foot setback will improve the overall safety and
accessibility on the uniquely challenging lot. This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby grants after-
the-fact approval for a Commercial Site Plan and grants the requested after-the-fact variances
from Orono Municipal Zoning Code Sections 78-1279, 78-1680, and 78-1700, to allow new
parking lot hardcover and a fence within the 75-foot setback from the lake and 37.69% overall
hardcover where 25% is allowed, subject to the following conditions:
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-2,aAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
*11P NO. 7543
lkESHog"c'
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the attached site plan submitted by the Applicant
and annotated by City staff(hereinafter the"Plans"), attached to this Resolution as Exhibit
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 Applicants, but are
permissive only and must be exercised by applying for and receiving an after-the-fact
Zoning Permit for the improvements within one year of the date of Council approval, or the
variances will expire on that date (December 9, 2025).
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.
ADOPTED by the Orono City Council on this 9th day of December, 2024.
ATTEST: CITY OF ORONO:
hristi n, CityClerk Dennis Walsh, Mayor
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�O4iO CITY OF ORONO
E— RESOLUTION OF THE CITY COUNCIL
ti�1k 0 G` NO. 7543
ESHO
Exhibit A
Per Certificate of Title No. 1346856, registered February 6, 2012.
That part of Government Lot 1, Section 11, Township 117, Range 23, lying southerly of a line described
as commencing at the meander corner on the North line of said Government Lot 1; thence South 10
degrees East, assuming the North line of said Government Lot 1 as bearing East and West, a distance of
887.66 feet to the point of beginning of the line to be described ; thence North 67 degrees 48 minutes
East to the Shore of Lake Minnetonka; thence South 67 degrees 48 minutes West through the point of
beginning to the shore of Tanager Lake, Formerly Mud Lake, and said line there terminating.
That part of Government Lot 2, Section 11, Township 117, Range contiguous to Government Lot 1
Section 11, Township,117, Range 23 and lying north of the channel shown on Hennepin County State Aid
Highway No. 15, Plat 51, Registrar of Titles Doc No. 1457512.
Subject to the rights of the State of Minnesota below the ordinary high watermark of Lake Minnetonka;
Subject to Hennepin County State Aid Highway No. 15, Plot 51, Registrar of Titles Doc. No. 1457512;
Subject to an easement for sanitary sewer purposes in favor of the City of Orono, recorded October 15,
1980 as CR Doc No. 4595672
Subject to an easement for sanitary sewer purposes in favor of the City of Orono, recorded October 15,
1980 as CR No. Doc. 4595673;
Subject to City Council Resolution No. 2308, granting a conditional use permit and variance, recorded
January 13, 1988 CR Doc. No 5367551;
Subject to Orono City Council Resolution No. 3835, granting variances, recorded June 24, 1997 as CR
Doc. No. 6749483;
Subject to Orono City Council Resolution No. 2638, granting variances, recorded December 9, 2009 as
CR Doc. No . 9455018;
Subject to Highway easement per Quit Claim Deed recorded September 8, 2020 as Doc. No. 5740872.
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