HomeMy WebLinkAboutResolution 7270 LAND TYPE Abstract (A)
DOC NUM 11144558
Certified, filed and/or recorded on
Sep 8, 2022 2:37 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 149 Pkg ID 2489323E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
11111111 III II III I I II
LAND TYPE Torrens (T)
DOC NUM 5971168
Certified, filed and/or recorded on
Sep 7, 2022 11:29 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 2488491 E
Document Recording Fee $46.00
Multiple Certificates Affected Fee $20.00
Document Total $66.00
Existing Certs
1400923, 1404615
This cover sheet is now a permanent part of the recorded document.
O
CITY OF ORONO
�� RESOLUTION OF THE CITY COUNCIL
e NO. 7270
`�'FESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350
FILE NO. LA22-000017
WHEREAS, on May 5, 2022, Jon Ressler and Frank Plachecki (hereinafter the
"Applicants"), applied for a variances from the City Code for the properties addressed 3683 North
Shore Drive and 3685 North Shore Drive, both lake-front lots, and legally described as:
3683 North Shore Drive (Ressler):
(Per Certificate of Title No. 1400923) Lot 5, "Crystal Beach" AND (Per Doc. No.
T1609693) All that part of abandoned County State Aid Highway No. 51 (shown as County
Road in the plat "Crystal Beach"), which lies between the northwesterly extensions of the
northeasterly and southwesterly lines of Lot 5, "Crystal Beach" except that part of said
Highway lying northwesterly of a line drawn parallel with and distant 50 feet southeasterly of
the present centerline of C.S.A.H. No. 51, described as follows: Commencing at the
intersection of the centerline of said County State Aid Highway No. 51 and the South line of
Section 8, Township 117, Range 23(said point also being the intersection with the centerline
of C.S.A.H. No. 19); thence run Northeasterly at an angle of 107 degrees 54 minutes with
the north-south centerline of said C.S.A. H. No. 19 for a distance of 111 .4 feet;thence deflect
left along a tangential curve having a radius 572.96 feet(delta angle 31 degrees 39 minutes)
for a distance of 316.5 feet; thence tangent to said curve for a a distance of 344.7 feet and
there terminating. (hereinafter"Property A")
And
3685 North Shore Drive (Planchecki):
(Per Certificate of Title no. 1404615) Lot 6 and 7, "Crystal Beach"That part of Lot 2,
Block 1, "Crystal Bay View" lying southerly of the southerly line of Lot 7, "Crystal Beach".
AND (Per Doc. No. T1609693)All that part of abandoned County State Aid Highway No. 51
(shown as County Road in the plat "Crystal Beach"), which lies between the northwesterly
extensions of the northeasterly and southwesterly lines of Lot 5, "Crystal Beach"except that
part of said Highway lying northwesterly of a .line drawn parallel with and distant 50 feet
southeasterly of the present centerline of C.S.A.H. No. 51, described as follows:
Commencing at the intersection of the centerline of said County State Aid Highway No. 51
and the South line of Section 8, Township 117, Range 23 (said point also being the
intersection with the centerline of C.S.A.H. No. 19); thence run Northeasterly at an angle of
O
CITY OF ORONO
�O RESOLUTION OF THE CITY COUNCIL
9 l-
C. NO. 7270
`-fkESHO
107 degrees 54 minutes with the north-south centerline of said C.S.A.H. No. 19 for a distance
of 111.4 feet; thence deflect left along a tangential curve having a radius 572.96 feet (delta
angle 31 degrees 39 minutes) for a distance of 316. 5 feet; thence tangent to said curve for
a distance of 344. 7 feet and there terminating. (hereinafter "Property B"); ,
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-350 for lot width for Property A and
Property B; and
WHEREAS, on May 16, 2022, 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 May 16, 2022, the Planning Commission recommended approval
of the variances; and
WHEREAS, on June 27, 2022, the City Council directed preparation of findings for
approval of the variances.
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 #LA22-000017. 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 Properties are located in the LR-1C Zoning District.
3. Property A contains 0.16 acres in area and has a defined lot width of 63 feet at the
Ordinary High Water Level and 52 feet at the 75-foot lakeyard setback.
4. Property B contains 0.41 acres in area and has a defined lot width of 82 feet at the
Ordinary High Water Level and 173 feet at the 75-foot lakeyard setback.
5. The Properties are within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
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CITY OF ORONO
�O RESOLUTION OF THE CITY COUNCIL
NO. 7270
lc-Est-100'
6. Applicants have applied for the following variance[s]:
a. Property A- Lot Width at the 75-foot lakeyard setback
b. Property B- Lot Width at the Ordinary High Water Level
7. Both Property A and Property B are nonconforming to lot-width, area and setbacks. Due
to the angle of the proposed lot line, the lot width will decrease at the 75' lakeyard setback
from 54' to 52' at 3683 North Shore Drive and at 3685 North Shore Drive it will decrease
from 92' to 82' at the OHWL.
8. The proposed property boundary will maintain the same lot area sizes overall.
9. The proposed new property line will improve many non-conformities on the both lots. The
building setback, overall hardcover and lot width at the OHWL will improve for 3683 North
Shore Drive and the new property line will be move away from existing driveway bringing
the driveway setback closer to conformance for 3685 North Shore Drive.
10. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission 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. The variance is in harmony with the general intent and purpose of the Ordinance. The
intent of the ordinance is to establish minimum lot sizes and protect against
overcrowding at the lakeshore. The proposed variances do not negatively impact
those goals. The Applicants' proposal would serve to improve some existing
nonconformities in the substandard lot widths, hardcover, and building setback
orientation.
2. The variance is consistent with the comprehensive plan. The single-family residential
use of the Properties is consistent with the comprehensive plan and the variance
allows the property owners to have property boundaries consistent with their
actual and practical use given the unique topography of the area.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls;
The request to realign the shared property line between two
nonconforming lots improves nonconforming lot width, hardcover,
and building setback as applied to for the adjacent properties. The
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CITY OF ORONO
�� RESOLUTION OF THE CITY COUNCIL
= NO. 7270
F G
`ikESHO
request is a reasonable use of the Properties as it will further the
goals of protecting against overcrowding at the lakeshore in this
zoning district and lessen difficulties created by historical
development in the neighborhood. Furthermore, the decrease in
hardcover at 3683 North Shore Drive serves to mitigate the impacts
of hardcover runoff and improve storm water management for the
property.
b. There are circumstances unique to the property not created by the landowner;
The unique shape, size, and orientation of the Properties present
challenges. The properties have been developed over time, not exclusively
by the property owners. The proposed boundary line adjustment follows
the historic development pattern the area which has created difficulties at
the lakeshore due to non-conforming lots. The suggested reallocation of
land would result in an improvement of the existing nonconformities and
closer to conformity with the current zoning requirements for the
neighborhood. It would also provide the property owners with properties
boundaries consistent with their actual use of the properties given the
unique topography of the lots. There should be consideration for variance
approvals from the lot width as the Applicants are proposing
improvements on both lots.
c. The variance will not alter the essential character of the locality. The lots are
both nonconforming as they pertain to lot width, similar to other lots in the
neighborhood. Altering the lot line between the parcels improves the lot
width as one point of measurement but increase the nonconformity at
another point of measurement creating an even trade between the two
nonconforming parcels. Any impact to the area is positive as it allows the
property owners to have property boundaries consistent with their actual
and practical use given the unique topography of the area.
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. 17, 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 single family home is
permitted in the LR-1C 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.
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CITY OF ORONO
�� RESOLUTION OF THE CITY COUNCIL
d
.ese NO. 7270
t"IkESHOft
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The Applicants propose changes to the
lot line which will bring substandard elements of the Properties closer to
conformity with the zoning code. The lot width limitations are common to the
neighborhood but as it relates to the Applicants' properties provide unique
limitations as to each Property Owners particular use of their lots.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The substandard lot width is not unique to the immediate
neighborhood, but as it relates to the Applicants' properties provide unique
limitations as to each Property Owners particular use of their lots The Applicants
wish to bring several of the substandard lot conditions closer to conformance of
the city code.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The property owners indicate that the
Properties have historically been maintained by the owners in accordance with
the desired lot line change, due to the unique topography of the lots. Granting the
lot width variances to allow a lot line adjustment is consistent with how the
properties have been used which will better protect the rights of the property
owners.
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. The granting
of a lot width variance to a permit boundary line adjustment on nonconforming
properties is not in conflict with the intent of the comprehensive plan and zoning
chapter, and will further the goals of protecting against overcrowding at the
lakeshore in this zoning district. Furthermore, the decrease in hardcover at 3683
North Shore Drive serves to mitigate the impacts of hardcover runoff and improve
storm water management for the property
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. The Applicants have stated the
variances are necessary due to the historic use and maintenance of the
properties. This action is not a convenience, but serves to conform the properties
due to their practical use by the property owners.
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 Section 78-350 for lot width on Property A and
Property B, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
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�T CITY OF ORONO
l VO RESOLUTION OF THE CITY COUNCIL
ti� �= NO. 7270
`4kESH0SL�
2. The approved project shall conform to the survey dated May 2, 2022 submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A.
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 Properties not with the Applicants, but
are permissive only and must be exercised by filing a Subdivision Exemption in order to
move the shared property boundary following Exhibit A. Filing for a lot line arrangement
must be submitted to Hennepin County within one year of the date of Council approval, or
the variance will expire on that date (July 11, 2023).
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 11' day of July, 2022
ATTE T: 4. ..il___. CITY OF ORONO:
1 e rs� .
Anna Carlson, City Clerk Dennis Walsh, Mayor
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