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Home My WebLink About#16-3814 Recorded Resolution 6613Existing Certs 1401483 17 oo !3oht1s dntt:1-~ 1111111 111 11111 11r1ni Doc No T05349254 Certified, filed and/or recorded on -May 16, 2016 2:00 PM Office of the Registrar o f Titles Hennepin County , Minnesota Martin McCormick , Registrar of Titles Mark Chapin , County Auditor and Treasurer i....---- Deputy 116 Pkg ID 1392635M Document Recording Fee $46.00 Document Total $46.0 0 Thi s cover sheet is now a perma nent part of th e recorded document. C ITY O F ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 6_6_1----"'3'----_ A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTIONS 78-330, 78-1279(6) AND 78-1700 FOR PROPERTY LOCATED AT 1700 BORN'S POINT ROAD -FILE NO. 16-3814. WHEREAS, Peter A. Santrach and Melissa A. Kreimer Santrach, husband and wife (hereinafter the "Applicants") are Owners of the property located at 1700 Bohn's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, on February 17, 2016 the Applicants made a complete application to the City for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is nonnally allowed; and a variance to Section 78-1700 to allow hardcover of 27 .2% where only 25% would normally be allowed; and WHEREAS, on March 21, 2016 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 March 21, 2016, the Planning Commission on a vote of 3-2 recommended approval of the variances as requested; and WHEREAS, on April 11, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. 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 this property: FINDINGS OF FACT: Al. 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. Page I of 7 1 C I TY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 l 3 NO. _________ _ A2. The Property is located within the LR-1 B Single Family Lakeshore Residential District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' for construction of a single family residence. A3. The Property is 0.62 acres in area, being approximately 165 feet in defined width at the OHWL of Lake Minnetonka and approximately 150 feet in width at the 75 ' lakeshore setback line, and contains an existing single family residence. The property is considered as legally nonconforming with regard to lot area. The property while being smaller than most other lots in the Bohn's Point neighborhood, is sufficiently sized to allow construction of a single family home meeting all required lot line setbacks and structural coverage requirements. A4. The property is located within Storm Water Overlay District Tier 1 which allows 25% hardcover. The proposed construction to replace the existing home will decrease the level of hardcover on the property from 29.0% to 27.2%, still above the allowed percentage of25%. A5. The proposed construction will result in a conforming level of lot coverage by structures of 14.99% where 15% is allowed. A6. The applicants have owned the property for approximately one year and propose to remove the existing residence and construct a new home on the site. A small portion of the existing house is located 65' from the lake , while the entire new house is proposed to meet the required 75 ' lake setback. However, because the adjacent property to the south is vacant, the required Average Lakeshore Setback is defined by the setback from the lake of the adjacent house to the north, which is 115 ' from the lake , hence a variance is requested. A majority of the existing residence encroaches past the defined average lakeshore setback line. A 7. The neighboring property to the immediate north which defines the average setback line a s well as mo st of the properties along the east side ofBohn's Point are much deeper than the Applicants' property, and as a result the neighboring homes are set back at least 100 feet or more from the lake. Absent a variance to the 115 ' setback, the applicant's property would have a buildable envelope of 25 '-40 ' in depth and 120 ' in width, potentially resulting in a long narrow home stretching from side lot line to side lot line, likel y not in character with the neighborhood. A8. A critical factor in whether an average setback variance is appropriate is whether granting the variance will negatively impact existing views of the lake enjoyed by neighboring property owners. A majority of lake views for the adjoining hom e are directly toward the lake, not across applicants ' property , and existing evergreen screening between the two homes provides a visual barrier. Further, the northerly portion of the new proposed P age 2 of7 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ residence will be set back from the lake approximately 10 feet further than the existing house, so that any neighbor views that do exist will be opened up further. A9. Proposed hardcover on the property consists primarily of the house and driveway, with sidewalks, steps and patios accounting for the remainder. This is one of the smallest lots on Bohn's Point. The proposed house footprint is within the 15% structural coverage limit. Proposed hardcover at 27 .2% is approximately 600 square feet over the 25% limit. This amount is approximately equal to the area of the portion of driveway north of the garage apron, which provides for the loop access and entry sidewalk. The proposed hardcover decrease is accounted for in ancillary hardcover such as decks, sidewalks and stairways. Al0. Applicants are proposing a reduction from the existing 29.0% to 27.2% hardcover, which is a positive improvement. Additionally, the lack of nearby on-street parking and the relatively small (compared to the neighborhood) lot size are practical difficulties justifying the hardcover variance. The property is served by a long, narrow shared driveway that is not wide enough to allow for parking, forcing on-street parking to be 200 feet or more from the proposed residence in the southern loop area of Bohn's Point Road. This factor supports the need for additional driveway hardcover within the property. Al 1. 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. VARIANCE ANALYSIS: Bl. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... " . Single family homes and the associated amenities are permitted uses in the LR-JB district The average setback variance will preserve lake views enjoyed by adjacent homeowners. Hardcover will be reduced from its existing level B2 . "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The proposed new residence structure is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. B3. "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: 1. The property owner in question proposes to use the property in a reasonable manner, howev er, the proposed use is not permitted by the official controls." Page 3 of7 C I TY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ 11. The plight of the landowner is due to circumstances unique to his property not created by the landowner." m. The variance, if granted , will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific location and size aspects of the request are not permitted by the Zoning Code. The plight of the property owner with respect to the average setback variance is due to the existing location of the adjacent principal structure on the lot to the immediate north, which is located further from the lake than the minimum 75 foot setback; applicants' property does not extend landward far enough to meet the average setback. This circumstance is inherent to the lot and was not created by the landowner. The hardcover variance request is a function of the substandard lot size and the applicants' desired house size and driveway layout; additionally, the added hardcover for driveway and off-street parking is necessitated by the lack of on-street parking within a reasonable walking distance from the residence. The lot was created prior to current zoning standards and the substandard lot area was not created by the property owner. The character of the neighborhood is not likely to be significantly altered by replacement of the existing residence in the manner proposed. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5. "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. B6. "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 the use for a single family residence is an allowed use in the LR-JB District B7 . "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. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The average setback that applies to this property is unique and unusually lengthy due to the location of the home on the adjacent property to the north. The 25% hardcover limitation applies to all Tier I residential properties located at the lakeshore and is not peculiar to this property. B9. "The conditions do not apply g enerally to other land or structures in the di strict in which the land is located." . The standards applicable to this property apply to all other property in Page 4 of ? CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ the neighborhood; however, the existing location of the neighboring residence building makes it difficult to replace the applicants' home in a location appropriate for the property while meeting the conditions imposed by the City ordinance. Additionally, the remote location of the residence from available on-street parking is not typical in this neighborhood. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the average setback variance and lot area variance is necessary to preserve the property rights of the owner to build a new residence on the property. While granting of the hardcover variance is not essential to maintaining the property owners' rights to have a home on the property, the variance would assist in providing for off-street parking since the shared driveway serving as access to the property is not wide enough to provide for on-street parking. B 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 of the average setback variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. Granting of a hardcover variance is justified by resulting in a reduction of hardcover from existing levels and will enhance applicant and visitor safety by providing for off-street parking. B 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the average setback variance is necessary to solve a practical difficulty. Granting the hardcover va rian ce helps to solve the practical difficulty related to parking in the area by providing for off-street parking where on-street parking is lacking. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or mo re of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is normally allowed; and a variance to Section 78-1700 to allow hardcover of 27.2% wher e only 25% would normally be allowed; subject to the following conditions: 1. Council approval is based on the survey and site plans submitted by the Applicants and annot ated by City staff, attached to this Reso lution as Exhibit B. Hardcover on the property shall not exceed 27.2% as shown on the hardcover calculation worksheet Page 5 of7 CITY OF ORONO RESOLUTION OF THE CITY COUN C IL 6 6 1 3 NO. ________ _ attached as Exhibit C. Any amendments to the approved survey or site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicants shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 3. 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 project and commencing construction of said project within one year of the date of Council approval , or the variances will expire on that date (April 25, 2017). 4. 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. 6. 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 _a,gree to the recording of this resolution in the chain of title of the Property. ~-· Lili Tod McMillan, Mayor Page 6 of7 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 l 3 NO. _________ _ STA TE OF MINNESOTA COUNTY OF HENNEPIN ~rel This instrument was acknowledged before me this 3 day of //1.o:.,.,,/ , 2016, by Peter A. Santrach, husband of Melissa A. Kreimer Santrach. Notary Public 0 c-15 -Q___,____,~ [) Dc..e;(J _ ST A TE OF MINNESOTA COUNTY OF HENNEPIN rd This instrument was acknowledged before me this 3 day of Melissa A. Kreimer Santrach, wife of Peter A. Santrach. Notary Public Page 7 of7 /J'1cu / , 2016, by J a - EXHIBIT A RESOLUTION NO. 6 6 1 3 --- LEGAL DESCRIPTION OF PREMISES: Resolution Exhibit A That part of Lot 3, "Auditor' s Subdivision No. 349, Hennepin County, Minnesota" described as follows: Commencing at the point of intersection of the Southeasterly line of Lot 11 in said Auditor' s Subdivision No. 349 and the dividing line between Lots 3 and 4 in said subdivision; thence Southeasterly along the dividing line between said Lots 3 and 4, a distance of 114.85 feet to the angle point in said dividing line, said point being the actual point of beginning of the tract of land to be described; thence Southerly along the dividing line between said Lots 3 and 4, a distance of 130 feet; thence F.ast deflecting to the left at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of said lake 160 feet more or less to the dividing line between Lots 2 and 3 in said subdivision; thence Westerly along the dividing line between said Lots 2 and 3 to the angle point in last said dividing line; thence continuing Westerly in a straight line to the actual point of beginning; except the Westerly 20 feet thereof: said 20 feet being measured at right angles to the dividing line between said Lots 3 and 4. Also an widivided 1/18 interest in Lots 10 and 11, "Auditor's Subdivision No. 349 Hennepin County, Minnesota". Together with an easement for road purposes over that part of said Lot 3, lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract of land hereinabove described; thence Southeamerly along the dividing line between said Lots 3 and 4, 114.85 feet to the angle point in said dividing line; thence continuing Southeasterly on an extension of said dividing line to the Westerly line of the tract of land hereinabove described and there tenninating, as shown in deed Doc. No. 316624. Together with an easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinabove first described and Southerly of the line drawn across said Lot 3, from the angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said 'Auditor's Subdivision Number 349, Hennepin County, Minnesota", said described 20 foot right of way being 20 feet wide as measured at a right angle to the dividing line between said Lots 3 and 4, as shown in deed Doc. No. 316624. I \ \ I \ \\ \ \ \\ \ \ \\ \ I, ' I \ \ \ I L O T - \,, CERTIFICATE OF SURVEY FOR PETER & MELISSA SANTRACH IN LOT 3, AUDITOR'S SUBDIVISION NO . 349 HENNEPIN COUNTY, MINNESOTA # 3814 LAKE MINNETONKA CRYSTAL BAY . ,:. RECEIVED f'EB 1770111 CIT'f OF ORONO -- J-1:oe~~ m,; Resoiutlon Exhibit B 4-6 6 1 3 ""'!'9!EP EUVAT10NS : (por --ffy) l)llainfloor•lllllll 2) °""'9 -llml J) a.--• llllll .,..---11!111 L£G-'I.IDCIIPTDCOFl'fllD&'.S : ~~~-=::.:..~..=·:-~~-~ h of wt 11 fn -'d ~-~No. 341 ... h ~-lotl 3 ... 4 h lCINI ' ~ h h --LoloJ~of~t,,,!-Ill-~ ::-.=.:r.= ::.::;-.::::.: ~ ~.:.: ..... ~ ~ 4. 4 ~ ~ 30to"= =:-'LAM~-:..= Cit • ... ..... :-.= ... tlO ,_,,_..., .._ t. thl ...,,_._ ..... :•t=\~ 3 .. ----=~h--L.,_2 _,.Jlo1111-pollltllllootoolil .... --~Ill ~..!"~.!: :::~ .. ..,,. .;:' .. -:.-:= f.. ..,_ NWLota3 ... 4 • AIM 4WI unchWIJd 1/ta ~ b Lot. 10 CSld ti, "Aucltcr ■ ~ No. 3441 ........ Clu!ty.-. =:; ~ .. --......... ., .. = F =-~-~ !,tthl ...._,,, .. :-~~--llotlri-lotwtlolpwl!ol =-=-~_.:-:=.,of=~~ .. ~";/-~ ~erty _., ________ .. __ ., .... _._to ... _ ............. __ ~nit-.~•.,_, rn ._ 0oc. ND. 3 t.a.. !~IIIVl.,-lcr..,,.°f.l"'t~-..oy---h,;'•1111-20-ol-~~ofthoSautll • ..: .:-..:-:.-... ~v!"'-. ..~"=::.ti::. Lolo3....,4t.o~lllh-=-h-Lolo2_,.3 ::.:"'~a: loot..,,. -~~:l:':::"~·.=o'°al. ..,,._1 ... -. .. .:...-Lot.oJ ....... _ .. deed Doc. No. 311824. • : .,__ ran mark.-tal.ft:t (-..i: ___ ..,..,... _____ _ lllllll : --..-...i----- --u>--: clanot.l ...thg contOII .... ffllG' NCI ...a dotliffl --E---< ..... ,,...... CIOffl'OU' ... mtml ·-lwlll dablrl e..hp thown .-. bmlld ..., an ...,_ dobm. ___ t.o_tho_oltho--.. -.... beollan of 91..., ..... to tMI ~tr-.~~..., t~. as-:-:,~~...:~~.::=,:,:-:,-~~ NOre A.oo,ocy o1 ,_.,._, ~ ..s extn of oMtlonal hcrdcio¥wk~Mlb)'biOldSIOlfCIO'IIIW. NOTE: C~ ._,. CH thON Wal In Tlttit .... OW"'CN <brw,ty Con1)Ql'ly Trtll ~ No. 1~1155 dGt.td 2-.:S-15. il l <II .:cl~! c,I i Ei I ~E:!: ~Ii I ... ~ ~ ~ td . !!JJ1 Jff'• ~-1, 1g~1 1111 I I I la ;11 ' I 11 II I I h H II . , City of Orono Hardcover Calculation Worksheet Resolution Exhibit C Property Address: / 7 (} 0 ,9 Pl,IJV f fr. A O .f I) Prepared by: (iA.~Ml~C. -I 'f/ (i':{ I i rr: r. ,1J-,,'(' .. ( 'i A/1/7~ ,t r/.1) Date: 2 -/S-I( 6 6 1 3 Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 6 In the foltowlng table, ide all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). lnciude all existing hardcover items thaf are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Fo r Tier 1 properties, identify any features oy letter which are split at the 75' setback line and calculate hardcover square footage seoaratel, for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Sauare Feet) lExamDle) (GanlOB) (24' x30'l (720 S .F.) A ~ -.,~ re-f IJ ,.,,qJ"~11J ¥D t,1::, S.F. B ~ ~~JA ,, ~o~ S.F. C ~-I l/t:"/_,,./ .I y , ' 200il S .F. 0 ,1,1,l,al le It ✓ "1j S.F. E A't"lt!. -#-.frr~r ~ r;.JMt: r rv I ~-,,,.,Ht} ,. r7 S.F. F r-,,.. -1 .::-.,;. 1 ... 11., t. '(' i~ o-1Y~Z&11V~ rt:J '"""'-,·t:,) 3~ ' , S.F. G ,,..,,,,, _ ,L'f'JA ££'}t1r,,,1AN:\ -. .,~ 4 ~ S .F. H tf"Ja•-•n-.... ,,,. J J A 1A ..-~ ;;,.,. n -,tt'-,.,. ,~ • ,c,,,,,rr,~ r irt ~ S.F. I rr,D r ,1. .,~~ ,.,,_ ~2 ~· S .F. J S .F. K S .F. L S.F. M S.F. N S .F. 0 S.F. p S.F. Q S.F. R S .F. s S.F. T S .F. u S.F. V S .F. -· w -S.F. X S.F. y S.F. z S.F. (1) Total Pmoased Hardcover /.5'0 lj S.F. Excludable Hardcover (See Cltv Code Sec 78·1184}: LJ rAJ_A<O 1 ~.,,. ~-~~, ... _.J'~.•r-.... ~ ,,,,.,.7~~ 76. i./r /D~ S.F. --S.F. S .F. S .F. S .F. f2) Total Excludable Hardcover 10¥ S.F. f3) Net Prooosed Hardcover £Subtract line (2) from line (1 \1 ,.,, o, S.F. (4) Total Lot Area Z7 ZIO S.F. Propc>Md Hardcover Percentag• [ (S) + (4) J 2 7. 20 '!. RECEIVED This Is an /nlomlllllon paclcfi regarcfng Haldcover. Every eWott hN bffn ITlllde to INllff the accuracy of the lnfonnatioll conta~ herw/n; hOMlwr, If any Information Is not C011$islent wtrh pmvisfons of the Clly Code, the Code pn,vfSJotls wtH prevail. t tJj 1 7 2016 Page 9of9 # 3814 CITYOFORONO • t STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN )