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HomeMy WebLinkAboutResolution 6596RESOLUTION OF THE CITY COUNCIL NO. 6 5 9 `) A RESOLUTION DECLARING THAT THE PROPERTY LOCATED AT 2455 NORTH SHORE DRIVE SHALL BE CONSIDERED AS A STANDARD LOT FOR ZONING ADMINISTRATION PURPOSES — FILE NO. 16-3805 WHEREAS, North Shore Meadows, LLC, a Minnesota limited liability company (hereinafter the "Owner") is owner of the property located at 2455 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, SCOTCH PINE ADDITION, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on February 2, 2016 John Adams of Coldwell Banker Burnet Realty (hereinafter the "Applicant") made application to the City of Orono on behalf of the Owners for variances or some other form of approval to allow future improvements to the Property to adhere to the standard setback requirements of the LR -1A zoning district as enumerated in Orono Municipal Zoning Code Section 78-305 and not be subject to the `back lot' setback requirements of Code Section 78-1370; and WHEREAS, on February 16, 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 February 16, 2016, the Planning Commission on a vote of 6-0 recommended approval of the request, indicating that it may be appropriate to consider this as a revision to the status of the Property rather than as a variance; and WHEREAS, on March 14, 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 makes the following findings of fact concerning the Property: Page 1 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6590 FINDINGS OF FACT: 1. 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 within the LR-lA Single Family Lakeshore Residential District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. LR -1A District setback requirements as enumerated in Zoning Code Section 78-305 are street or front yard - 50 feet; rear yard — 50 feet: side yards — 30 feet; side yard adjacent to street — 50 feet; and 3. The Property was originally platted as Lot 1 of Dicon Addition. Lots 1 thm 4, Dicon Addition, were originally platted in 1974 from a 3.3 -acre parcel, with Lots 1, 3 and 4 being individual building lots and Lot 2 being a narrow strip of land serving as lake access for Lot 4. The three building lots were served by a short public road and cul-de-sac, known as Scotch Pine Lane. At that time the Property was zoned R -1C, minimum required lot size 1.0 acre. 4. The residence existing on the Property today (addressed as 2455 North Shore Drive, originally 2455 Scotch Pine Lane) was constructed on Lot 1 in 1974 under the R -IC standards, which at that time included side setbacks of 10 feet. In 1975 the zoning in this area changed to LR-lA, requiring 2 acres and 30' side setbacks. In 1979 a variance was granted for the Property to revise the driveway layout and add a detached garage 10' from the west side lot line. In 1994 hardcover and east side setback variances were granted in order to construct an elevator addition. 5. In 1995, at the request of the three property owners using Scotch Pine Lane for access, the road was vacated and the properties replatted to create Scotch Pine Addition. In the plat approval resolution, Lot 1 was designated as a "back lot" accessing North Shore Drive by a 25' -wide outlot, and as a consequence became subject to the back lot standards of the zoning code (Section 78-1370) which require 150% of the standard underlying zoning district setback and lot area standards. This impact was discussed in the initial Planning Commission memo and subsequent memos as a factor that needed to be taken into account by the Property owner, and was ultimately documented in both the preliminary plat approval (Resolution No. 3632) and the final plat approval (Resolution No. 3653). Since the house on Lot 1 already existed, it gained status as a legal nonconforming use, and variances were granted within Resolution No. 3553 to the back lot standards of lot area, lot width and setbacks for the existing structures and existing improvements on Lot 1. Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 596 6. The original owner has recently sold the Property and the Owner is requesting that approval be granted to allow future additions and/or home reconstruction to not be subject to the back lot setback standards. Approval of the request would allow future principal structure side setbacks of 30' as per the LR -IA standards, rather than the 45' side setback required under the back lot standards. While no plans for specific proposed additions or reconstruction have been submitted, the Owner wishes to establish the standards under which a design process can be commenced. 7. The definition of Back Lot is as follows: "Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot." 8. The definition of Front Lot is as follows: "Lot, front, means a lot abutting a public or private road, across which an outlot has been platted for access to a back lot." 9. The rationale for higher standards for front/back lot divisions resulting in the existing back lot ordinance was documented during 1993 Planning Commission and City Council discussions and hearings preceding adoption of the ordinance. Those points include the following: a. With such divisions there is created a potential conflict in front yards abutting rear yards, with the resulting incompatible typical uses of such yards. b. Driveway outlots which abut adjacent residentially -used side and rear yards can have a negative impact on those adjacent properties. C. Creation of additional driveway cuts within a given length of roadway that would normally serve one residence, may cause safety problems in some cases. d. The potential use conflicts and negative impacts noted in a. and b. above can be reduced or eliminated by requiring higher standards for buffering, either by screening or by increased separation of uses. 10. The front-lot/back-lot relationship established by application of the zoning code during the 1995 re -plat has technical flaws. Lot 1 is not physically separated from North Shore Drive by Lot 2 (2445 North Shore Drive). Lots 1 and 2 are functionally parallel to each other, and absent the existing outlot corridor extending from North Shore Drive to Lot 1, each lot would extend from North Shore Drive to the lakeshore. The only reason for the outlot Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N0. 6596 corridor is for a shared driveway so that Lot 2 can avoid an added curb cut onto North Shore Drive. 11. The existing shared driveway configuration has not caused any of the potential conflicts envisioned by the back lot ordinance rationale. Due to the shape of the lots, the actual separation between the homes at 2445 and 2455 exceeds 200 feet, far greater than the 125' separation that would be required in a standard front/back lot configuration in the 2 -acre zone. 12. The adjacent property at 2445 North Shore Drive as a result of the 1995 re -plat technically does not exhibit the characteristics of a front lot, as it extends full-length from North Shore Drive to the Lake. This is a result of the unique configuration that existed before the 1995 re -platting. The locational relationship between the homes at 2445 and 2455 has been established and in place for nearly 40 years. It is also a fact that the Owner also owns the property at 2445 and has recently had that residence demolished. Any future development of 2445 will be with full knowledge of the configuration, shape and setback requirements applicable to Lots 1 and 2. 13. Applying the normal LR -1A side setback standards for future development/redevelopment of the Property will have minimal impact on the character of the neighborhood, as the vast majority of other lakeshore homes in the neighborhood are subject to the normal LR-lA standards. 14. Application of the back lot standards to Lot i reduces the buildable width of the 160 -foot wide lot from approximately 100 feet to approximately 70 feet, and limits the ability to make additions to the existing home or replace the existing home with a similar home unless replaced exactly in kind. 15. The City Council finds that adherence to the back lot standards is not critical for maintaining compatibility with the surrounding neighborhood. There is no apparent potential conflict related to the functional rear yard of the applicant's Property abutting the functional front yard of the adjacent residence at 2445 North Shore Drive. The existing shared driveway configuration has no negative impacts on either of Lots 1 or 2. CONCLUSIONS, ORDER AND DECLARATION Based upon one or more of the above findings, the Orono City Council hereby declares that the Property at 2455 North Shore Drive shall be considered as a standard lot for zoning purposes and shall not be subject to the back lot standards established within Municipal Zoning Code Section 78-1370. Page 4 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO 6596 The Owner at Owner's discretion may record this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 14th day of March, 2015. ATTEST: lane Tiegs, City Clerk / Lili Tod McMillan, Mayor Page 5 of 5