HomeMy WebLinkAboutResolution 6630 w attachments - see 6567 sylzrt
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Doc No A10326739
Certified, filed and/or recorded on
Jun 20, 2016 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1407825M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ESHO� N o. 6 b ' 0
K
CITY OF ORONO
CORRECTIVE RESOLUTION OF THE CITY COUNCIL
No. 6567
THE PURPOSE OF THIS INSTRUMENT IS TO CORRECT RESOLUTION NO. 6567
ADOPTED BY THE CITY COUNCIL ON DECEMBER 14, 2015, AND RECORDED
JANUARY 4, 2016, AS DOCUMENT NUMBER A10274344 IN THE OFFICE OF THE
COUNTY RECORDER OF HENNEPIN COUNTY, MINNESOTA, BY ADDING THE
INADVERTANTLY OMITTED EXHIBITS A AND B.
A RESOLUTION
APPROVING VARIANCES FROM
ORONO MUNICIPAL ZONING CODE
SECTIONS 78-1279(1); 78-1279(6); 78-1405(6);
78-1680; AND 78-1700(1) FOR PROPERTY
LOCATED AT 3409 EAST LAKE STREET
-FILE NO. 15-3769.
�O ♦O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6630
N 0.ESHo4�
Corrective Resolution Adopted by the Orono City Council on the 23rd day of May, 2016.
AT EST:
Diane Tiegs, City CYjk Lili Tod McMillan, Mayor
r ,
1 O' ♦O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. * 5 G 7
kESHO�
A RESOLUTION
APPROVING VARIANCES FROM
ORONO MUNICIPAL ZONING CODE
SECTIONS 78-1279(1); 78-1279(6); 78-1405(6);
78-1680; AND 78-1700(1)FOR PROPERTY
LOCATED AT 3409 EASTLAKE STREET
—FILE NO. 15-3769.
WHEREAS, Christopher J. Lappen, single and Kallyn L. Bialowas, single,
(hereinafter the "Applicants") are owners of the property located at 3409 Eastlake Street within the
City of Orono(hereinafter the"City")and legally described as follows:
The West 6.00 feet of Lot 1, and the East 50.00 feet of Lot 2,Block 8,BAYSIDE
ADDITION TO LAKE MINNETONKA,Hennepin County,Minnesota
(hereinafter the"property"); and .
WHEREAS, on September 2, 2015 the Applicants made application to the City
of Orono for variances to Orono Municipal Zoning Code Section 78-1279(l) to allow
construction of a detached garage located 19.5 feet from the OHWL of Lake Minnetonka where
a 75 foot setback is normally required; and a variance to Section 78-1279(6)to allow said garage
to encroach lakeward of the defined Average Lakeshore Setback Line where no encroachment is
normally allowed; and a variance to Section 78-1405(6) to allow said garage to be located 6 feet
from the side lot line where a 10' side setback is normally required; and.a variance to Section 78-
1680 to allow hardcover within 75' of the OHWL where no hardcover is normally allowed; and a
variance to Section 78-1700(1) to allow 48.9% hardcover on this Tier 1 property where only
25%hardcover is normally allowed; and
WHEREAS, on October 19, 2015, and again on November 16, 2015, after
published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono
Planning Commission held public hearings, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon;
WHEREAS, on November 16, 2015, the Planning Commission recommended
approval of the variances; and
WHEREAS, on December 14, 2015, the City Council reviewed the application
and the recommendations of the Planning Commission and City staff.
Page 1 of 7
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tt G NO. 567
AkESHO��
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning this property:
FINDINGS OF FACT:
Al. 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.
A2. The Property is located within the LR-IA Single Family Lakeshore Residential District
which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'.
Detached garages are a permitted use in the LR-1A District.
A3. The Property is 5,562 s.f. in area and 56.5 feet in defined width.
A4. 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.
A5. The Applicants propose to remove certain items of existing hardcover including paver
bricks, concrete borders, an old concrete garage slab, and portions of driveway, resulting
in a hardcover decrease from 61% to 48.9%. The proposed hardcover to remain or be
reconstructed includes the house, deck, steps, the new garage, a narrowed driveway, and
some selected areas of landscaping materials. There are few ways to further reduce
hardcover on the site without removing the rear deck or attempting to relocate the garage
as an attached structure, which would likely be only 1 stall at best if moved forward,
would require remodeling the east side of the house, and would potentially still need a
side setback variance. Applicant has provided estimates showing the cost difference
between the proposed detached garage and an attached garage.
A6. The proposed garage will be 19.5 feet from the creek bank and 929.4' lakeshore contour,
approximately 9 feet further from the creek than the detached garage that previously
existed on the Property. Photos in City files document an event when the creek had
flooded the rear of the prior garage at an elevation around 932 . The new garage will be
located with its floor at 933.5' and would not be expected to flood.
Page 2 of 7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
N O. L
r�kESH�4�
A7. The garage is proposed to be located 6 feet from the east side lot line. This is much better
than the prior garage which was within a few inches of the lot line. Moving the garage to
meet the 10' side setback would result in an unusable driveway entrance to the garage
and require removal of portions of the existing deck. At 20 feet in width, the garage is as
narrow aspossible while still remaining functional for storage of two vehicles.
A8. The Average Lakeshore Setback variance is necessary because each of the adjacent
properties abut the 929.4' OHWL contour for Lake Minnetonka at the creek bank. The
average setback line runs approximately east-west about 5 feet north of the north wall of
the proposed garage, so the entire garage will be an encroachment. The property to the
immediate east at 3407 Eastlake Street will have its lower views of Stubbs Bay
encroached upon by the proposed garage. While the new garage will encroach lakeward
approximately 9 feet less than the garage that was on the Property until 2011, the new
garage as proposed will have a peak height of approximately 13.5 feet, while the old
garage had an estimated peak height of 9.5 feet based on photos in City files. The
proposed height is a reduction from the Applicants' original proposal, a direct result of
the concerns expressed by the adjacent neighbor regarding views of the lake.
ANALYSIS:
B1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variances to allow the construction of a
detached garage on property zoned for single family use is consistent with the general
intent and purpose of the Ordinance.
B2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." Granting of the proposed variances to construct a detached garage
to serve a single family residence is consistent with the residential guiding of this
property in the Comprehensive Plan.
B3. "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:
i. 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."
Page 3 of 7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yFl G~
NO. 6 5 6 7
�kEslio
ii. The plight of the landowner is due to circumstances unique to his property not
created by the landowner."
iii. The variance,if granted,will not alter the essential character of the locality."
The property owner is proposing to use the Property in a reasonable manner very similar to
how it is currently and has historically been used. The plight of the property owner is due to
having a small lot in a developed neighborhood of similarly small lots, and which is
physically constrained as to expansion due to required setbacks, conditions not created by
the property owner. The Applicants have demonstrated that the lot size and shape; the
existence of the creek and its locational relationship to Stubbs Bay; the location of the
existing house; and the orientation in relationship to neighboring homes; are all practical
difficulties that make it impossible to construct a reasonable sized detached garage meeting
all code requirements. All of these circumstances pre-dated the Applicants' ownership of
the property and were not created by the landowner. Further,the proposed garage replaces a
previous garage at the same location which existed until 2011, and granting the variances
will not result in a garage that is out of character with the surrounding neighborhood.
B4. `Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5. "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.
B6. "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 residence with
accessory buildings is an allowed use in the LR-lA District.
137. "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.
138. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The condition of a small, constrained
lakeshore lot is common in Orono,but compared to many others,this lot due to its size and
the 2-acre zoning standards applicable to it functionally has no buildable area as compared
to other lots which are wider, deeper and have more flexibility.
Page 4 of 7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� 6567
G NO.
SH���
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The property is unique in that very few lots in Orono of this size abut a
creek that is considered as lakeshore,but this condition does affect other nearby lots along
Eastlake Street which are subject to the same regulations.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The ability to have a garage would appear to be
necessary for the preservation and enjoyment of any substantial property right.
BI 1. "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
proposed variances is not expected to cause any impairment to health, safety, comfort or
morals, and will be in keeping with the intent of the Zoning Code.
B12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." Granting the variances in order to have a
minimum sized garage is necessary to alleviate a demonstrated practical difficulty.
CONCLUSIONS,ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances from Orono Municipal Zoning Code Section 78-1279(1) to allow construction of a
detached garage located 19.5 feet from the OHWL of Lake Minnetonka where a 75 foot setback
is normally required; and a variance to Section 78-1279(6) to allow said garage to encroach
lakeward of the defined Average Lakeshore Setback Line where no encroachment is normally
allowed; and a variance to Section 78-1405(6) to allow said garage to be located 6 feet from the
side lot line where a 10' side setback is normally required; and a variance to Section 78-1680 to
allow hardcover within 75' of the OHWL where no hardcover is normally allowed; and a
variance to Section 78-1700(1) to allow 48.9% hardcover on this Tier 1 property where only
25%hardcover is normally allowed; subject to the following conditions:
1. Council approval is based on the survey and garage plans submitted by the Owners and
annotated by City staff, attached to this Resolution as Exhibit A, and the approved
hardcover calculation worksheet attached as Exhibit B. Any amendments to the
approved survey which are not in conformity with City codes will require further
Planning Commission and City Council review.
Page 5 of 7
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
SNO.
6567
jgkEH���
2. The approved hardcover level of 48.9% shall be adhered to. Applicants shall remove all
hardcover items as proposed, including reconstruction of driveway to meet the approved
hardcover percentage. An as-built survey reflecting conformance to the approved plan
and hardcover limitation shall be submitted at the time of final inspection of the garage,
and prior to refund/release of the permit escrow.
3. The approved grading and drainage plan shall be carefully implemented to avoid impact
to neighboring properties.
4. Owners shall comply with the permitting requirements of the Minnehaha Creek
Watershed District.
5. Authorities granted by this resolution run with the Property not with the Owners, but are
permissive only and must be exercised by obtaining a building permit for the project and
commencing construction of said project within one year of the date of Council approval,
or the variances will expire on that date(December 14, 2016).
6. 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.
7. The undersigned Owners have read, understand and hereby agree to the terms of this
resolution and on behalf of the Owners and the Owners' heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the Property.
Adopted by the Orono City Council on the 14th day of December, 2015.
ATTEST:
e Tie s, City Clerk Lili Tod McMillan, Mayor
c�-
Page 6 of 7
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
SHO O� N O. � Cl
lAkE �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this oda day of_fro rKbo , 2015,by
Christopher J. Lappen, a single person and Kallyn L. Bialowas, a single person.
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' dIME�..' RACHEL DODGE
�« da
m(ITARY PUBLIC-MNESOTA
Cr;MraWW WMjan.31,2020 Notary Public
Page 7 of 7
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 December 14,2015 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 corporat sea)of the City this
29'b day of December, 2015 _
e Tiegs, City Cl
A S '1' L A K
Resolution
/ Exhibit A
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CREEK LEGAL DESCRIPTION OF PREMISES
_ CREEK The West 6.00 feet of Lot 1, and the East 50.00 feet of
Block 8, BAYSIDE ADDITION TO LAKE k4 NJETONKA. M-"�
Resolution
City of Orono Exhibit B
Hardcover Calculation Worksheet
Property Address: 3 rr�,tKE sr.
CNR o r
Prepared by: Date:
Stormwater Quality Overlay District Tler:(Circle one) er 7)er 2 'icer 3 Mer 4 Tier 3
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Step 2 GPQ
In the fdlowlnq table,Identify all Horns of proposed hardcam on the property, keyed by IdW to
CerMcate of Survey(survey must ac=npany this farm).Include d exl8tl hardoo�y+�er.ltems that are
Intended to remain,as well as all proposed hardcover Items that will be added. Use ry,�,y t
es as
neceasery to accurately depot proposed hardcover status of the property.For"not 1 prapartles,Identity
any feaMm by left which are split at the 75'sebadc line and celaulab 110400m scime footage
smratO i fa each ion.
Key to
Hardcover horn tMescribe) clad
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B F.
C S.F.
D AdS.F.
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1 Torrl Proposed Hardcover S
Exciudatite• Iardcov bee Cotisiec.78W.4-001 S.F.
S.F.
S F.
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S.F.
2)21 Hardcover
3 Net Pr ed Hardoover.Subtract in* from tine 1 A Sjff '
4 Total Lot Area z S 7 / S.F.
Preposed Hardcover pereantage Ila)*t4)fARM),4 2013
!�$
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Certified, filed and/or recorded on
Jan 4, 2016 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1339583M
Document Recording Fee $46.00
Document Total $46.00
U 0P
This cover sheet is now a permanent part of the recorded document.
°
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 me&ng of the
Orono City Council on May 23, 2016, with the original thereof on file in'roffi�e,`
riy �pd the same
is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the o"er" r r . ealrlir �li'� i � is
24th day of May, 2016. °
kIianieY� I _
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