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Home My WebLink AboutLA20-000005 (2665 Casco Pt Rd) Ex J Resol 6796p (e6C6-- P: t./17/' 8G7f-d III I II 111111111111 11 11 11 Doc No A10495370 Certified, filed and/or recorded on Oct 20, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 49 Pkg ID 1617692M Document Recording Fee 46.00 Document Total 46.00 This cover sheet is now a permanent part of the recorded document. p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 9 6 kFSH0 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279, 78-1700, 78-350 FILE NO. 17-3965 WHEREAS, on August 23, 2017, David and Lynn Gutermuth ("Applicants"), applied for a variance from the City Code and on September 7, 2017 the application was deemed complete for the property addressed 2665 Casco Point Road and legally described as: Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow lake yard setback to construct retaining wall; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow hardcover which exceeds 25%to 26.33% or 171.25 square feet; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new single family home with substandard lot width if 60 feet and lot area 0.29 acres where 100 feet in width and 0.5 acres in area is required; and WHEREAS, on September 18, 2017, after published 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 speak thereon; and WHEREAS, on September 18, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on October 9, 2017 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 variance as described above based on one or more of the following findings of fact concerning the Property: OAt CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1,NO. 6796 L 1kESH 0v- FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3965. 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-1C Zoning District, which requires 1 acre minimum lot area and 100 feet of lot width, measured at the 75 setback and at the lake. 3. The Property contains 0.29 acres in area and has a defined lot width of 60 feet at the 75 foot lake yard setback. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lake Yard Setback b. Hardcover c. Lot Width d. Lot Area 6. 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. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The lot width and lot area variances requested are consistent with the general intent of the Ordinance. The lake yard setback variance for retaining walls within the 0-75 is reasonable and necessary to address support the permitted stairs which will be set into the grade. The hardcover variance to allow excess of 25% is reasonable to accommodate the stair access to the lake. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a single 2 ON CITY OFb OI 9R06 NO y1q8' Gp RESOLUTION OF THE CITY COUNCILIL NO. SHOQ' family residence with lake access stairs in a residential zone are consistent with 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, the proposed use is not permitted by the official controls. The property owner is proposing to use the site in a reasonable manner by proposing to build a new home that results in less hardcover then what currently exists on the site. The property owners are working to use the site the way it was intended for single family use. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard size of the property was not the result of actions by the landowner. The lake yard setback variance request to add retaining walls within the 0-75 setback should address the addition of the set-in-grade stairs which helps to speak to the owners' stated drainage and erosion issues from neighboring lots. The neighboring storm water drainage encroachment is outside of the owner's control. To gain access to the lake the landowner's state stairs are necessary and reasonable. The proposed stairs to lake access are a reasonable to allow for a hardcover variance for this property; the applicant is building and designing a new home; c. The variance, if granted, will not alter the essential character of the locality." The lot area and width variances will not alter the character of the neighborhood; a home previously existed on the property. The lake yard setback variance and hardcover variance will not alter the character 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. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. l9kESHO0' 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 the use for a single family home is an allowed use 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. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The substandard lot width and lot area of the property is not uncommon in the surrounding neighborhood. The stated drainage issues create increased difficulty for protecting the shoreline of the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Granting the requested variances will provide relief to the applicant regarding the lot size and their stated erosion issues within the lake yard on the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting the requested variances will provide relief to the applicant regarding the lot size and landowner's stated erosion issues in the lake yard on the property. 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; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property; the stated erosion issues identified in the lake yard of the property create practical difficulties affecting the Property; the lot width, lot side, lake yard setback and hardcover variances are necessary and not merely serve as a convenience to the owners. 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 78-1279, 78-1700, and 78-350 to allow a lake yard setback variance for construction of the new retaining walls within 75 feet of the OHWL; a 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6796 G likESH O4" hardcover variance to exceed the 25% limitation by 171.25 feet resulting in 26.3% hardcover; a lot area and a lot width variance, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated August 22, 2017, landscape plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B & C. 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 9, 2018. 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. 6. Council has approved the preliminary landscape plan with the proposed screening of the retaining walls from the lake view noted. Staff will review and approve final landscape plan for screening when an application for the building permit is submitted. ADOPTED by the Orono City Council on this 9th day of October, 2017. ATTEST: CITY OF ORONO: na Carlson, City Clerk Dennis Walsh, Mayor 5 CERTIFICATE OF SURVEY FOR z; GORDON JAMES CONSTRUCTION, INC. Resolution No. z dn OF LOT 136, SPRING PARK 17- 3965Exhbit A d §HENNEPIN COUNTY, MINNESOTAo I i EXISTING d g l T e HOUSE a I o 0. L 0 T 1 3 7 / Xe" 74 ti er r=.1rug/ i I l 1* / • '' ,* Y' i ?7g,0'OOe e a 3 LAKE J.- ---,;(-,,;.—i l _ , MINNETONKA 1 1 Tp,, rte, , p/I 1 I Ir d / ry/ma/ i 01 yc 0'' 1% 204.46 i_ A ESUR / 1 l / i/ i w se`er / ,' > 4 W I%'` '0T,1 3-6 / /1' c( an..) / r/- ..7e. ago ' -- `' \ a 0Se N .4_0 .e. . .4,22;_t="3,4------/- R all. \ 1- e/ f]m1Nb 4 y PROPOSED w tl, Al wTcp a : lok Vii/ 4.a {3''G PK HOUSE A a y s3„,,v- leo . , e1r /ja s--• A) d . 1 1 1lI /I I ) I, /` /_ tit' 1__ tet r q 1 , ) I l --.. /', . _.. -_ \,J •I/ uo 'dloq,q„bv - I O a Fx r i i /, I / r;,4,,Z.....11°...........---....a-- r.altP_ 7!. eunw J a.rva \ L, fid• I Pr , ##} j /'—'/" /, f9°00.00•' W It ; 2>m Oc.:.c===m ----' Pi o O P iti ti 1.JI Y'R+.. 1 V Pr! f 184.90-..__.. sell •...............4*.w \\ s` L 0 T 1 3 5 r a:• =. ` 3yg€ EXISTNG j i Ili] i HOUSE i i • ll 2627 err LEGAL DESCRIPTION OF PREMSES: Lot 138,SPAM PARR lllllllll. denotes Fon marker found sooO): denotes existing spot elevation,mean see level doturn IR: denotes proposed spot elevation,mem sea Suet down i g,>__: denotes existing contour foe.mean sea level datum PROPOSED ELEVATIONS i(verily) proposedosed cmfine,e,mesea level dolvnm I)Garage=IBEI Remkge shown are Eased upon m person,.datum. 2)Top of foundation= Ttd FleMS 1p shorn"'hole,t the above orooe ed properly iMbcatiot,o/m aslstkq boat h,..,tOoe,endo tome and gprags.to be removed spot 3)Fest floor- 9 et o.t It does sotthe l to dto..,y oMm hd'aop oocpoods nente. e)Rase^nmt-® 1 i a¢ T-231 l I 4 co rt.)'i L.) -§ A ": k B i i M I a t 01,23+ac naa 01 5 Q W 4t i. 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V.LOS311141Yi '0140)10 rnaunoi.onva Saintl Ua .L1110d 00SY0 9992 i+ E iiIgNJISSOR 'JNau•Nnd cSW1Pam I rmiiu"INCO ; P ) 11 aIs x xJ11NI2Iflsn iif ev ilkd'd'0 e 5 E Y +_ a h lIuiIj11at 111!0%. o j lil1 1!9 liiIILiiiItt 1 'i1 'd i l1iItig Irk PI 1 1111111 N ,... 1 M h,, I i___. oit> y Y-- - a 0u i. i —11 I.:, I 9$ II l'72 77Z'ZrrWZ x I II _- f I ! tFi. L 4 ii i 1 li p___, Eitz o m____-. v ii Y I IJ II II (I IE IN da I. 4.1 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 9, 2017 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 9th day of October, 2017. r r° fa r 71. Anna C1r seal) e ' F 16111. 441‘9, aka,14"`•,, YHE F .,