HomeMy WebLinkAboutLA18-000019 (2697 Casco Pt Rd) Var Exhibit A Draft Reso
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350, 78-1680, 78-1279
FILE NO. LA18-000019
WHEREAS, on March 2, 2018, Mark Williams o/b/o Mary and Mark Enger
(“Applicants”), applied for a variance from the City Code for the property addressed 2697 Casco
Point Rd and legally described as:
Lot 4, AUDITORS SUBDIVISION 265 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 a new structure for a porch
66 feet from the OHWL which is within the 75- lakeyard setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow roughly 126 square feet of
hardcover in the 75- lakeyard setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 for lot area and lot width; and
WHEREAS, on March 19, 2018, 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 March 19, 2018, the Planning Commission recommended approval
of the variances; and
WHEREAS, on April 9, 2018, 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA18-000019. 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.
3. The Property contains 0.47 acres in area and has a defined lot width of 60.5 feet.
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. 75- Lakeyard Setback
b. Hardcover in the Lakeyard
c. Lot Area
d. Lot Width
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 applicant is proposing to construct a new single
family home in a residential lot which is consistent with the intent of the ordinance.
The lot width and lot area variances are consistent with the general intent of the
ordinance. Due to the unique grading on the street side of the lot and the dip in the
shoreline on the lakeside. The building footprint of the lot is constrained. The 75
foot lakeyard setback and hardcover seem reasonable and in harmony.
2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” . The variances resulting in a permit for a new single family
residence in a residential zone that is moving farther away from the lake then the
existing home is consistent with the Comprehensive Plan.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
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 property in a reasonable manner
by replacing the existing residence with a new home which has less
hardcover then existing and the new home will be moved farther from the
lake compared to the existing home meeting the average lakeshore setback;
the size and width of the lot is below the minimum lot size standards of the
Zoning Code.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The plight of the property owner is due to the existing substandard lot size
and shape, and its proximity to the lake. And
c. The variance, if granted, will not alter the essential character of the locality.”
The character of the neighborhood is not likely to be significantly altered
from replacement of the residence which is consistent in character and size
with the surrounding homes.
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.” 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 size and grading of the lot as well as
its orientation along the curve of the lake and Casco Point Road creates a unique
circumstance which is peculiar to the Property.
9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The size and grading of the lot as well as its orientation along the
curve of the lake and Casco Point Road creates a unique circumstance which is
peculiar to the Property.
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” Staff finds this condition to be true.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
4
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
requested variances would not impair health, safety, comfort or morals and would
be in keeping with the intent of the zoning 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 and grading of the property;
its position along Casco Point Road and the lakeshore, limits the building envelope
for the homeowners; the variances would alleviate difficulties which pertain to this
lot
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 78-350, 78-1680, 78-1279 to allow a new home
in the 75-foot lakeyard setback, hardcover in the lakeyard, lot area and lot with, 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 March 21, 2018 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A
3. The site shall conform to all Building Code requirements to create an individual sewer
connection for the property.
4. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
5. 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 (April 9, 2019)
6. 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
5
ADOPTED by the Orono City Council on this 9 day of April, 2018.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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936.1
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Proposed Hardcover
Lot area to OHW =20,509 sq ft
Building =2,438 sq ft
Driveway =2,124 sq ft
Rear Porch =350 sq ft
Front Walk =69 sq ft
Fireplace =6 sq ft
Landing to
Lake Steps =7 sq ft
Deck at Lake =112 sq ft
Total =5,106 sq ft
Percentage =24.90%
shoreline
929.1
shoreline
929.1
Proposed
Residence
Hydrant
Wood
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Fence north of line 0.6'
No. 2715
No. 2691
Garage
Garage
Found Ironelt
Top Nut = 958.83
P o r c h
12" fireplace
75' setback from OHW
Proposed Building Hardcover
Lot area to OHW =20,509 sq ft
Building =2,427 sq ft
Rear Porch =350 sq ft
Fireplace =6 sq ft
Total =2783 sq ft
Percentage =13.57%
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Rev
File Name
Drawn By
Gregory R. Prasch, Minn. Reg. No. 24992
Signed
as-265-4inv87391siteplan.dwg
Basis for
bearings is
assumed
LOT SURVEYS COMPANY
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560-3093
Surveyors Certificate
Established in 1962
LAND SURVEYORS
Minneapolis, Minnesota 55428 Fax No. 560-3522
The Gregory Group, Inc.
d.b.a.
x000.0
SCALE: 1" =
F.B.NO.
INVOICE NO.
Denotes Existing Elevation
Denotes Iron Monument
Denotes Found Iron Monument
Denotes Existing Contours
The only easements shown are from plats of record or information
provided by client.
I certify that this plan, specification, 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.
87391
1097-30
20'
Surveyed this 19th day of February 2018.
MARK D. WILLIAMS CUSTOM HOMES
Legal Description:
Lot 4, AUDITORS SUBDIVISION 265
Hennepin County, Minnesota
Property located in Section
20, Township 117, Range 23,
Hennepin County, Minnesota
Address: 2697 Casco Point Road, Orono, MN
Benchmark: Top nut of hydrant located on Casco Point Road at the
southeast corner of property.
Elevation = 958.83 feet
Property zoned LR-1C (one family lakeshore residential 1 2 acre).
Lot is nonconforming.
Building setbacks for nonconforming lots:
Front = 30 feet
Side = 7.5 feet
Site Plan For:
000.0
Proposed grades are subject to results of soil tests. Proposed
building information must be checked with approved building plan
and development plan before excavation and construction.
Proposed grades shown on this survey are interpolations of
proposed contours from the grading and/or development plans.
Denotes Proposed Elevation
Denotes Surface Drainage
Proposed Top of Block
Proposed Garage Floor
Proposed Lowest Floor
Type of Building
The relationship between prop. floor elev. to be verified by builder.
935.3
943.0
943.3
Fullbasement
Proposed First Floor945.69
3-6-18 proposed grades
3-21-18 lake setback
REVIEW PLAN
This plan is at a review stage and is NOT a permit set. Please review
the plan in its entirety and let DFP know if you have any changes prior
to us proceeding. The plan will be placed on hold until we receive
confirmation from you to proceed, meaning no additional work will be
done on the plan until we receive your approval to move forward.
03/06/2018 1:09:17 PM
REVIEW PLAN
This plan is at a review stage and is NOT a permit set. Please review
the plan in its entirety and let DFP know if you have any changes prior
to us proceeding. The plan will be placed on hold until we receive
confirmation from you to proceed, meaning no additional work will be
done on the plan until we receive your approval to move forward.
03/06/2018 1:09:28 PM
REVIEW PLAN
This plan is at a review stage and is NOT a permit set. Please review
the plan in its entirety and let DFP know if you have any changes prior
to us proceeding. The plan will be placed on hold until we receive
confirmation from you to proceed, meaning no additional work will be
done on the plan until we receive your approval to move forward.
03/06/2018 1:09:28 PM
REVIEW PLAN
This plan is at a review stage and is NOT a permit set. Please review
the plan in its entirety and let DFP know if you have any changes prior
to us proceeding. The plan will be placed on hold until we receive
confirmation from you to proceed, meaning no additional work will be
done on the plan until we receive your approval to move forward.
03/06/2018 1:09:28 PM