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HomeMy WebLinkAboutRecorded Resolution #6910Existing Certs 1455993 5UA VNt::D 1111111111111111111111111111111 Doc No T05627065 Certified, filed and/or recorded on Jul 11, 2019 10:26 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 144 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1843574E $46.00 $46.00 STATE 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 meeting of the Orono City Council on October 22, 2018 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 2"d day of July, 2019. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NQ. b9�o A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78A 680; AND DENYING VARIANCES FROM SECTION 78A279 FILE NO. LA18-000076 WHEREAS, on August 22, 2018, Revision LLC, (hereinafter the "Applicant"), on behalf of the property owner 1725 Bohns Point LLC, applied for variances from the City Code for the property addressed 1725 Bohns Point Road and legally described as: Tract A, RLS No. 1855, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 to allow an upward expansion of an existing nonconforming boathouse to be reconstructed 16 feet from the ordinary high water level (hereinafter the "OHWL") of Lake Minnetonka and entirely lakeward of the average lakeshore setback line; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow reorientation of an existing lake access stair resulting in a reduction of 0-75' hardcover; and WHEREAS, on September 17, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission opened 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 September 17, 2018, the Planning Commission recommended approval of the requested variances with a split vote of 4 in favor and 3 against; and WHEREAS, on October 8, 2018, ,the City Council continued the public hearing, at which time all additional persons desiring to be heard concerning this application were given the opportunity to speak thereon WHEREAS, on October 8, 2018, the City Council directed preparation of findings for approval of the hardcover variance pertaining to the lake access stair; and denial of the variances pertaining to the expansion of the nonconforming boathouse within the lake and average lakeshore setbacks. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N0. 6910 NOW, THEREFORE, BE 1T RESOLVED that the City Council of Orono, Minnesota hereby approves the hardcover variance pertaining to the lake access stair; and denies the variances pertaining to the expansion of the nonconforming boathouse within the lake and average lakeshore setbacks 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 #LA18-000076. 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 LR-1 B, One Family Lakeshore Residential Zoning District. 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following variance[s]: a. Hardcover within 75-feet of the OHWL. b. Setback variance within 75-feet of the OHWL for a building expansion. c. Setback variance within the average lakeshore setback for a building expansion. 5. 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 to permit a building expansion of a non -conforming structure in the lake yard. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Additionally, the goals of the lakeshore setback requirement include protecting views of the land from the lake. The requested variances to increase the height of the existing structure are not in harmony with the Ordinance. The additional mass of the proposed roof areas within the setbacks will increase the mass of the nonconforming 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 69�0 boathouse within 16 feet of the lake and may negatively impact the views into the property from the lake. Regarding the setback variances, this criterion is not met. The proposed reorientation of the lake access stair results in a decrease in 0-75' zone hardcover and is in harmony with the Ordinance. Regarding the hardcover variance, this criterion is met. 2. "Variances shall only be permitted . when the variances are consistent with the comprehensive plan." The variances resulting in expansions of the existing boathouse within the average lakeshore and 75400t lake setbacks in a residential zone are inconsistent with the lake protection measures in place within the Comprehensive Plan. Regarding the setback variances, this criterion is not met. The proposed reorientation of the lake access stair results in a decrease in 0-75' zone hardcover and is consistent with the Comprehensive Plan. Regarding the hardcover variance, 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 reasonable use of the Property is established with the principal structure. The Applicant suggests that reasonable use extends to protection from insects and inclement weather. The request to permit expansion of the boathouse lakeward of the average lakeshore setback and within the 75400t lake setback is not reasonable in that they have the right to reconstruct the boathouse in -kind at the substandard setbacks. The Council finds that insects and inclement weather do not represent practical difficulties. Regarding the setback variances, this criterion is not met. The lake access stair reorientation resulting in a reduction of hardcover is reasonable. Regarding the hardcover variance, this criterion is met. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The Applicant proposes to make improvements to an existing building to improve the comfort and functionality. The boathouse was not constructed by the current owners. There is nothing unique about the Property which requires the expansion 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 69 10 of a nonconforming boathouse within the 75-foot lake setback. The Owner has the right to reconstruct the boathouse in -kind, Regarding the setback variances, this criterion is not met. The lake access stair is permitted hardcover within the 75-foot setback; the proposed reorientation resulting in a reduction of hardcover is reasonable. Regarding the hardcover variance, this criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The requested variances may not result in the Property being out of character with the neighborhood; will not expand the footprint of the boathouse; or result in additional encroachment into the setbacks toward the lake. The stair reorientation resulting in a reduction of hardcover will not alter the character of the locality. 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." The use for a residential accessory structure is an allowed use in the LR-1 B District. 7. "The board or council may permit as a variance the temporary use of aone-family dwelling as atwo-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." There are no special conditions peculiar to the property that justify expansion of a nonconforming boathouse in the 75400t lake setback. The reduction of hardcover within 754eet of the OHWL is a special condition peculiar to the property that justifies granting a variance for hardcover within 754eet of the OHWL. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located," The location of the boathouse accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other boat CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 9 0 house properties. The reduction of hardcover within 75-feet of the OHWL is a special condition peculiar to the property that justifies granting a variance for hardcover within 75- feet of the OHWL. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Substantial property right is realized by the principal structure. The boathouse is allowed to be maintained and replaced in -kind. Expansion of an existing non -conforming structure is not a right. Regarding the variances to expand the boathouse, this criterion is not met. The hardcover variance requested in order to reorient the lake access stair results in a reduction in overall hardcover and lake access stairs are a permitted hardcover improvement. Regarding the hardcover variance, 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 requested variances will not adversely impact health, safety, comfort, or morals, however, the expansion of the nonconforming building is contrary to the goals of the code in relation to views into the Property. With regard to the setback variances for the boathouse expansion, this criterion has not been met. The hardcover variance requested in order to reorient the lake access stair results in a reduction in overall hardcover and is in conformance with the intent of the code. Regarding the hardcover variance, 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." The Owner asserts that the variances are necessary for safety and will not merely serve as a convenience. Access to the water is possible through steps and/or stairs over steep slopes. Regarding the hardcover variance, this criterion is met. The requested setback variances to expand the nonconforming boathouse would provide a more comfortable viewing opportunity, which could be considered a convenience. With regard to the setback variances for the boathouse expansion, this criterion has not been net. CONCLUSIONS ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1680 to allow reorientation of the 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL lake access stair; and denies the setback variances to Section 78-1279 pertaining to the expansion of the nonconforming boathouse within the lake and average Lakeshore setbacks, subject to the following conditions: 1. Council action is based on the entire record, above Findings. 2. The approved lake access stair project shall conform to the survey dated 04/19/18 by Kemper and Associates submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit 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 Property not with the Applicants, 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 variance will expire on that date (October 22, 2019). 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 22�d day of October, 2018. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor FOUND 3/4" / IRON PIPE ELEV.=945.23 r -IACKBERRY� SHORELINE ~� (05/30/2017) WATER ELEVATION� (05/30/2017) to- SURVE NE ReSOL No. Exhibit Al File #LA18-000076 OAK 952 20" HACKBERR ORDINARY HIG AT LEVEL=929.�4 (N 29)