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HomeMy WebLinkAboutResolution 6582 //30 Old a $/ �4 111111111111111111101111111 Doc No A10348186 Certified, filed and/or recorded on Aug 15, 2016 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1434871M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. • • Doc No T05367758 Certified, filed and/or recorded on Jul 27, 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 22 Pkg ID 1424278N Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1388266 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTIOI\ OF THE CITY COUNCIL NO. 65R? A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL CODE SECTIONS 78-1279 & 78-1438 AND DENYING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-1438 FILE NO. 15-3795 WHEREAS, Spotted Dog LLC, (hereinafter the "Owner") is the owner of the property addressed 1130 Old Crystal Bay Road South, and legally described as: Lots 1 and 3, Block 1, Colwell Addition, according to the recorded plat thereof, except that part of said Lot 3 which lies northwesterly and westerly of the following described line: Beginning at a point on the north line of said Lot 3, a distance of 156.10 feet easterly from the northwest corner of said Lot 3; thence southwesterly to an angle point on the westerly line of said Lot 3 a distance of 302.76 feet southerly from said northwest corner, as measured along said westerly line; thence southerly along said westerly line a distance of 162.64 feet to an angle point in said westerly line; thence southerly to the point of curvature on the southwesterly line of said Lot 3 and said line there terminating, Hennepin County, Minnesota, (hereinafter the "Property); WHEREAS, on October 21, 2015, on behalf of the Owner, Robert Schnell and Beth Schnell (hereinafter the "Applicants"), applied for variances from the City Code for 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 construction of a pool, pool patio, deck and pergola (hereinafter the "Improvements") lakeward of the average lakeshore setback as determined by the lakeward extent of existing home at 1100 Old Crystal Bay Road South; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the Improvements as close as 75 feet from the OHWL of French Lake where a 150 -foot structure setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1438 to allow construction of a swimming pool within 6 feet of an adjacent deck and pergola where a 10 -foot separation is required; and CITY OF OR.ONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to permit installation of stepping stone pavers within 75 feet of the OHWL of French Lake where hardcover is normally not permitted; and WHEREAS, on November 16, 2015 and January 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held public hearings, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 19, 2016 on a 5 to 1 motion, the Planning Commission recommended to approve the revised plan as submitted; and WHEREAS, on January 25, 2106, the City Council directed preparation of findings for approval of the variances for lake setback, average lakeshore setback, and structure to structure setback; and denial of the hardcover variance to permit the stepping stone pavers within the 75 -foot setback. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the setback variances to permit the Improvements and denies the hardcover variance 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 #15-3795. 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 RR -113 Zoning District. 3. The Property contains 696,204 square feet (15.9 acres) in area and has a defined lot width of over 1,000 feet on French Lake. 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. Average Lakeshore Setback Variance b. Lake Setback Variance 2 CITY OF OROS RESOLUTION OF THE CITY COUNCIL c. Structure to Structure Setback Variance d. 0-75' Hardcover Variance NO. 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..." Granting the lake setback and average lake setback variances to allow the Improvements to be constructed within 150 -feet of the OHWL and within the average lakeshore setback would be consistent with the majority of the large lot properties in Orono and will likely not alter the essential character of the locality. The hardcover variance requested to permit the stepping stone pavers is not in harmony with the ordinance which serves to limit hardcover surfaces within 75 -feet of lakes. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." Based on the size and orientation of the Property as well as the location of the existing home, granting of the proposed setback variances would not be contrary to the intent of the Comprehensive Plan and Zoning Code. The hardcover variance requested to permit the stepping stone pavers within the 75 -foot setback is inconsistent with the comprehensive plan goals to limit and prohibit hardcover within 75 feet of lakes and streams. 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 Owner proposes to install Improvements consisting of a pool, patio and deck which are residential in nature and reasonable from a residential scope. RESOLUTION OF THE CITY COUNCIL NO, b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The nonconforming location of the existing home which was not created by the Owner. c. The variance, if granted, will not alter the essential character of the locality. " Granting the requested setback variances to allow the Improvements to encroach as close as 75 feet to the OHWL, lakeward of the average lakeshore setback and lake setback, should not alter the essential character of the locality due to the size of the Property and orientation of the neighboring homes. However, the hardcover proposed within the 0 to 75 -foot setback would alter the character of the locality of French Lake. 4. "Economic considerations alone do not constitute practical difficulties." The Owner has not requested consideration based on economic criteria. 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 criteria 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 is permitted; this criteria is not applicable. 7 "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criteria 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 existing home was constructed prior to the adoption of the ShoreJand Overlay District Regulations which established the Natural Environment structural setback of 150 -feet for French Lake. At the time of the home's construction, a structure was permitted to be RESOLUTION OF THE CITY COUNCIL NO constructed up to 26 feet from the wetland edge. This is similar for all pre-existing homes on the properties abutting the south basin of French Lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property and other properties abutting the south basin of French Lake predate the City's adoption of the Shoreland Regulations which established the 150 -feet lake setback and 75 -foot hardcover prohibition. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting average lakeshore setback and lake setback variances to allow the Improvements within the 150 -foot lake setback is reasonable and necessary to preserve the property rights of the Owner and supported by the nonconforming location of the home on the Property. Further, the stepping stone pavers were not determined to be necessary for preservation of a property right. 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." This criteria 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 Applicants have demonstrated practical difficulties which support granting setback variances to permit the construction of the Improvements lakeward of the 150 -foot lake setback and average lakeshore setback line. However, a practical difficulty was not demonstrated which supports allowing the stepping stone paver hardcover within the 75 - foot setback. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to permit installation of stepping stone pavers within 75 feet of the OHWL of French Lake where hardcover is normally not permitted. Further, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the Improvements lakeward of the average lakeshore setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. construction of the Improvements as close as 75 feet from the OHWL of French Lake where a 150 -foot structure setback is required; and a variance to Orono Municipal Zoning Code Section 78-1438 to allow construction of a swimming pool within 6 feet of the adjacent deck and pergola where a 10 -foot separation is required; subject to the following conditions: 1. Council approval is based on the survey by Gronberg and Associates dated 10/22/15 and revised on 01/25/16 and building plans dated 12/16/15 submitted by the Applicants 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. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a septic permit to relocate the septic tank and a building permit for the new construction and commencing construction of said project. A footing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (February 8, 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 Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 81" day of February, 2016. ATTEST: CITY OF ORONO: t ne Tiegs, City Cerk Lili Tod McMillan, Mayor 6 ITS' Or ORONO RESOLUTION OF THE CITY COUNCIL • , . . i-„,..„--5-:--A, r k ,„ tiG~ NO. 5 5 8 2 SH�� Spotted Dog, LLC A Minnesota Limited Liability Company By: i 444-t— it's . .?..,..... ..4i..„_., (title) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of a.,_ , 20/b by D bei SG�1�1,,/, /'l t:l I , the ,feel* (title)of Spotted Dog, LLC, a Minnesota limited liability company, on behalf of the company. c1J1lll./✓1!✓✓!l�ll✓l/l/,/./Y✓y..=< ,. MONICAA.FARNESS a. tip ,._.;.. ivi :_ 9zdJ44 {�'' NOTARY PUBLIC-MINNESOTA Mr Commisssian Expires Jan.31,2917 � Notary P u b l i c 7 102 M.ryH i ` IN IN, IN, ;` w \� Al IN N { IN \ , N \ 1 N. \\ y 411 V1 „y,� } �5 \ ell IN B ii m \.\\\ 1 R \ 4. Resolution Exhibit A I OLAcRv (CO. srnLk0., SAY ROAD RSD. y��47T IE9]2ttl0•W Z r N i Z -1 mwC:� ZW=> 00- Z ° s N 00c 0 M rmC zgy� W�Zo r > Z v 0 �� Z -m �VIIIWU"'° ro a \ " GRONBERG 8 ASSOCIATES, INC. H -,4!e 11 ROHR ADDED MI.e.Atlweui. al.Evi.M� CIVL ENDMEERE,LAND WN\=YORE. LAND VlJNN�i! ,ao-v R6JNFL . tams "S N. WILLOW ORWE LONG LAKE. WN 55366 _un F!+ -.r PNONP: 852-473-4141 FA)L• 962.4784438 6o-haAT A 2- Af if, �! o P TED P TED S PLANTED PLANTED `Iro 24.4 0 13.8 6 mg �� W 3.5 � � w P7 WO 041, � c 13.5 w 8.4 3.4 -' PROPOSED DEPK N 5./ $ -e; OL DEC �J 14.4 ANG WALLS `� Nodi BO PROPOSED POOL f�fi{D R6QL DECKS- � alb 6 i� AV/ gni 10 Resolution Exhibit B i .A r� , r It r r dam' 1 r r r r r BETH & ROBERT SCHIVELL i)ESIGN/SAEESAEP. TfMJONN50N LOW-15 s 1� 1•=�a CONCEPT DES f GN Z �` i�1j FNlCX10W Hfii 1 1 souTMV6 113fl OED CRY57AL BAY ROAD ORONO, MN 55391 u 17 S �.Oril�aJj i Or if" f1r 581 W 1 1 i 1 1 1 It 5 1 1 1 7 i It 1 Y t i I L � 1 It 1 1 yy 7 1 1 i T 1 1 1 1 1 7 07 7 � AI 7 7 l 7 1 r ! Y f r ! r � I ! 1 r � r ! I l I , � 1 1 / 7 / f + 1 / f / r r I r 1 I f 1 f / ! l r + l r r r r I 7 r r 1 1 / 1 1 I l ! r r 1 I 1 f ! l ! r ; / r / / COf r r r `V , r ; + IW I CO �o r r� r fa r ly �f l r I- , r r� c1.7 r rc i O i4 4 z If i O , r rr�� r rw W 1 1 , rw � f l l l� r � U r , � I r r / I / f / O / r I II I • 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 February 8, 2016, 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 t crfAte se, 1 % tl e City this 30th day of June, 2016. , :v MUT e Tie. F i ` '� Jf" ; .