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Home My WebLink About#16-3849 Recorded Resolution 6654Existing Certs 1369897 /1,,,: ~ 570 t u 0 vV _ !lttfi 1111111111 1111 Ill 11111 Doc No T05376486 Certified, filed and/or recorded on Aug 22, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1437978M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 5 /J --------- A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-570 & 78-1279 FILE NO. 16-3849 WHEREAS, on June 23, 2016, Selden Thompson Robb Jr., on behalf of Selden Thompson Robb, Jr., and Helen A. Robb, a married couple; and John F. Robb, a single person, (hereinafter collectively the "Owners") applied for variances from the City Code for their property addressed 570 Big Island and legally described as: Lots 19, 20, and 21, Pleasant View Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, pursuant to Orono Municipal Zoning Code Section 78-1379, only roof- mounted solar energy systems (hereinafter the "Solar Panels") are permitted. Further, according to Section 78-1379, the Solar Panels must not extend beyond the perimeter of the building and shall comply with the applicable building setbacks; and WHEREAS, the existing cabin on the Property is situated 1.2 feet from the adjacent right-of-way, and 64 feet lakeward of the average lakeshore setback line; and WHEREAS, the Owners have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-570 to allow installation of the Solar Panels on the roof of the existing cabin on the Property 1.2 feet from the adjacent undeveloped City right-of-way where a 30-foot setback is required; and WHEREAS, the Owners have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow installation of the Solar Panels on the roof of the existing cabi~ on the Property, lakeward of the average lakeshore setback line, 130 feet from the ordinary high water level (hereinafter the "OHWL") where a 194 foot setback is required; and WHEREAS, on July 18, 2016, after publishep 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 speakthereon;and WHEREAS, on July 18, 2016, the Planning Commission recommended approval of the variances; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6654 --------- WHEREAS, on July 25, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; 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 #16-3849. 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 RS-Seasonal Recreational Zoning District. 3. The Property contains 0.75 acres in area and has a defined lot width of 142 feet at the OHWL and 133 feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Owners have applied for the following variances: a. Side setback variance from the City right-of-way; b. Average lakeshore setback variance. 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... " The requested variances are minimal and generally consistent with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The Solar Panels are residential in nature and are roof mounted; 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ----6-6-5;1-"4..,.._.___ the requested variances are consistent with the residential goals within the comprehensive plan. 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, t~e proposed use is not permitted by the official controls. Installation of solar panels on the existing cabin is a reasonable use of the Property, the existing setbacks of the cabin create practical difficulties and necessitate variances. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The cabin's location lakeward of the average lakeshore setback line and within the required 30-foot side setback; the separation between the subject cabin and the neighboring cabins; and the existing tree stands combined with the topography result in a unique circumstance not created by the landowner allowing for the cabin and therefore the Solar Panels to be almost completely screened from views off the Property. c. The variance, if granted, will not alter the essential character of the locality." The Solar Panels will not be visually obtrusive and will screened from views from off of the Property adequately by existing vegetation and the topography. 4. "Economic considerations alone do not constitute practical difficulties." The Owners have not requested consideration based on economic reasons. 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." Orono's code permits only roof mounted solar panels to be constructed. Placement on· the roof of the nonconforming cabin is the only location where solar panels are permitted on the Property. 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." The Solar Panels are a permitted use; this criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6654 --------- 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criterion 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 cabin is an existing nonconforming structure and the Property contains a large number of mature trees providing screening. The topography increases as it moves away from the lake and toward the neighboring property at 560 Big Island. The property on the western side of the right-of-way is separated from the Owners' cabin by approximately 30 feet and sits slightly below the Owners' cabin. The Solar Panels will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposal does not appear to be out of character with the area. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This criterion appears to be 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." The Solar Panels on the roof of the cabin will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." This statement is true. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-570 to allow installation of Solar Panels on the roof of the existing cabin on the Property 1.2 feet from the adjacent undeveloped City right-of-way where a 30-foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow installation of Solar Panels on the roof of the existing cabin on the Property, lakeward of the average lakeshore setback line, 130 feet from the OHWL where a 194 foot setback is required, subject to the following conditions: 1. Council approval is based on the survey dated 06/21/16 and plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. -----"'6__c6~5~4_,____ 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the Solar Panels and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 25, 2017). 3. 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. 4. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 25 th day of July, 2016. ATTEST: ,-·· ) ~/~~ ,~QQµ 1egs, City Clerk r-- CITY OF ORONO: 5 Property Owners: Selden Thompson Robb, Jr. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6654 -------- Helen A. Robb This instrument was acknowledged before me this _I_ day of C\\1tj1AS+ , 20_Lb_, by Selden Thompson Robb, Jr., husband of Helen A. Robb. CARRIED. WYATT NOTARY PUBLIC • MINNESOTA My Coovniss1pn Expi'es Jan. 31, 2020 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this J_ day of C1JJfJ8t· , 20_112_, by Helen A. Robb, wife of Selden Thompson Robb, Jr. CARRIED. WYATT NOTAR'< PUBLIC • Mlt-lNESOTA ,......,_,,.~~Jan.31,2020 My"""'"'"~" No~~ 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 5 4 -------- COUNTY OF St-~ Lo j ;~ This instrument was acknowledged before me this~ day of Jvl1.,1 I John F. Robb, a single person. Notary Public 7 , 20 !6, by J SEASON PORCH OVERHANG Sca/tt, In Ftu1t 0 30 LEGEND: • FOUND IRON PIPE {AS NOTED) o SET 1 /2" REBAR W/CAP #44109 ~ POWER POLE (WITH GUY ANCHOR) Cl COMMUNICATIONS PEDESTAL ---- (I\\ ___-OVERHEAD UTILITY LINE [Zill CONCRETE SURFACE CERTIFICATE OF SURVEY Resolution Exhibit A / / f2" PtP7/ I / /37.2 I \ / / / I I I 6654 HOUSE #560 2) ADDRESS OF THE SUBJECT PROPER1Y: 570 BIG ISLAND, ORONO, MN 55331 P.I.D.:22-117-23-31-0029 3) PARCEL AREA: 32,729 SQ. FT. 4) BEARING BASIS IS ASSUMED. 6) CONTOURS FROM HENNEPIN COUN1Y GIS I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. SIGNED: ;C::/J j/;:_> Travis W. Van Neste, Minnesota Professional Surveyor 1+4109 Michigan Professional Surveyor #~695 JOB 6 2016036 ISSUED: 6-21-2016 I v1 DRAWN BY: T\WN REV: I SCALE: 1• m JO FEET VAN NESTE SURVEYING PROFESSIONAL SURVEYING SERVICES 85 WILDHURST ROAD EXCELSIOR, MN 55331 PHONE (952) 686-3055 TOI.L-FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM SHEET 1 "O ULilitv r,,fcLcr ,111d Disrn1111ccl to be< Io ,1p,1t·L ~ J' Betll'een c,1ch m_clcr ,llld d iscon ncct Existing Meter Utility AC Disconnect New Production Meter J1~ N wffi, s Note: No Overhead Obstructions Equipment list PanC!ls: (18) Hellene 280W Mono lnverter:SolarEdge SESOOOA-US Racking: Iron Ridge Attachmant EJot Roof: Asphault Shingle Mount Rush Mount Customer: TommRobb 570 Big Island Wayzata MN S5391 612-799-3278 Project Information: S.04kW RoofMountPV Solar System #PV-SP-101 (SltePh1nl Installer. Able Energy Corp. 265 Mound View Rd. River Falls, WI 54022 (715)629-9335 www.WeKnoWSolar.com PC Exhi~it D I ;;o o-., ~ (I) 0..-:::r (/) -· 0 e::.n 5!. c --~ms· ::, - C:"' .Em --:, ·--.Q O·-u, .c Cl) >< 0::W ~ Ln '° '° ~3' ~7' Chimney ~7' ~3' wffi, s 'Note: --l..J42- There are no overhead obstructions. \. \ Equipment List: Modules: (16) Hellene 280W Mono lnverterType:(16) Sunny Boy SB240-us-99-10 Attachment Type:EJOT Flash Ir Racking lype: Iron Ridge Rooflype: Asphault Shingle Customer: Tom Robb 53 Big Island Wayzata,MN 55391 Project Information: 4.48kWRoof Mounted Solar PV System #PV-L0-101 (PVLayout) Installer: Able Energy Corp. 265 Mound View Rd. River Falls, WI 54022 (715) 629-9335 www.WeKnowSolar.com <~r~ . ' .. I I ST A TE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned , being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the_ rneeting of the Orono City Council on July 25 , 2016, with the 01iginal thereof on file in_.m y: office, and the same is a correct transcription thereof. /.· '.-" · · •'.-\· · ·