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Home My WebLink About#6567-variances-2015 without exhibits � � ^ � � ��g �as��P . ��R..QIYS � I�I V`t. ��Vl . • Doc No A10274344 /� �� a�� (� �j�� b) � Certified, filed and/or recorded on �f � Jan 4, 2016 10:00 AM r � Office of the County Recorder f-� � / Hennepin County, Minnesota r)(�I�/1` ` � ��C�I /�1 ,(.� Martin McCormick, County Recorder �/(,� 6 V n��V/ I" Mark Chapin, County Auditor and Treasurer ��„�,,,/ r�y,,� / 5. �,/,(� Deputy 92 Pkg ID 1339583M � lkJrY l � T l/"' ` Document Recording Fee $46.00 Document Total $46.00 c� o �b� s . � �,� �.� .l ^ � ��b � h o�� t�v�r�G1� u'�0 �''�`)r a� � (�'�l�k�r� Ct.,�� Z-��(� � - �i l�I'� d��y �� U f"�{ �y'� �J �'t� - b'� C�r��-�� %c�l� �i%��p'i' �, 11�r"� �� This cover sheet is now a permanent part of the recorded document. � ��1 V � C ITY 4F �RONO� � RESOLUTION OF THE CIZ'Y COUNCIL yF � r `' No. �=' LC� i j`9+FF S H O�� 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 N0. 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 ADDTTION TO LAKE MINNETONKA,Hennepin County,Minnesota (hereinafter the"properiy"); 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(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 a11ow 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 recominendations of the Planning Commission and City staff. Page 1 of 7 r 1 O�O C ITY OF QRONO RESOLUTION OF THE CITY COUNCIL � ��1� ��'�� NO. �� v � t kFsxo 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 inemos 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 aze hereby incoiporated by reference. A2. The Properiy 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'. Detached garages are a permitted use in the LR-lA 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 e�sting hazdcover 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 gazage, 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 f Y O ♦O C ITY OF ORONO � � RESOLUTION OF THE CITY COUNCIL �� G� ? tqkESH��ti N�. i: �; �� f A7. The gazage 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 as possible 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 appro�mately 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 €eet 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 ganted 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 pernutted by the official controls." Page 3 of 7 g"��O C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`�1., tiG~� N O. � ;� G ! kEsxot` 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 similazly 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 e�sting house; and the orientation in relationship to neighboring homes; aze all practical difficulties that make it impossible to construct a reasonable sized detached garage meeting a11 code requirements. All of these circumstances pre-dated the Applicants' ownership of the property and were not created by the landowner. Further, the proposed gazage 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 deterrnination. 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 peimitted 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. B7. "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. B8. "The special conditions applying to the structure or land in question are peculiar to such properiy 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 �°�o C ITY OF ORONQ RESOLUTION OF THE CI1Y COUNCIL � . �� :� � r � j�KFSHpR�" �' N O. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The properiy 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. B 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 proposed variances is not expected to cause any impaiiment to health, safety, comfort or morals, and will be in keeping with the intent of the Zoning Code. B 12. "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 followi.ng 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 Plaiu�ing Commission and City Council review. Page 5 of 7 �°�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��1.9 �c G1� N�. � J U � kFSNo� 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. T'he 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: �-�-'� ` ! �1/ � . ' e Tiegs, Ciry Clerk Lili Tod McMillan, Mayor � � ; . i op r( L- Page 6 of 7 �°�o �ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� ti�'~� NO. � � � f '�FSHOR STATE OF MINNESOTA COUNTY OF HENNEPIN d This instrument was acknowledged before me this o�d day of � 2015 by Christopher J. Lappen, a single person and Kallyn L. Bialowas, a single person. � �,-_.. {,,,�::>:,:..� ` d""''°`- RACHELDODGE rn C� �,��' -a �� M�v�"lS` y n:.CTARY PUBI.IC-MINNESOTA � ,,�'�,,t;Gem�ission ExDires Jan.31,2020 Notary Public ��,¢: t,._ . ,, 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 cor��.i�atie;�sea��of�t�.e City this 29`" day of December, 2015 ' ; , .�'� - � , �. , <<�'i.l 1: C/ �_'z.�'�.i.f�.0 �'. i` f.' � � „� . _, � ,�—:yr.�: L_,Dj.ane Tiegs, �ity�'l�r, �� .. �.. _� .r...,.. _o�� . 't 1, �.. �,�F.�,�.'. — ;t�s v- _ `�a`'',��'';.�"`' ; A �ST \�� LAKE S��TREET . � , , , `�.\ � i Resolution � � �� Exhibit A -- -------L----- (eaz.e) eaz.e (as�.�) (osa.4) � �p�'�4 £le..a�,or� �"rqr. � _� � t �II�VG. iOh �—— —— �Y�TO1�lE'��'R6EF� -`-�� , 0.2,. �-----� N 90°00' 00" E _ r , -� .....- ; �� c9�z.s��.f ��———— , .:�m r z �y � rowae i �Z ----�----- —1 H �M) >`� �M) '•.Pd.E / - �`� �9y � PROPO$� 6�AS�RMEI�D �"bNCRETE � , � �UNDERGROUND� p � DRIVEWAY UI�ERGRO�(nV`,� ' � ECECTRIC . O / �� ' :, TELEC�OM � � � � ; ' ••-....••••......! . .I-•-••••••---��. 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(F� i � ( . . i : , �� x o � I Y ..............�......�.�j.:.Q., � : O -------- � � I(933.3) (933.4 8328 �''-:'••-•• J �— I � . � �-- __ �,i: � .,�,�..._�:::::�93�, � ------ ``� ��1nw\ -�� _ 9-JJ ,N // I�' �— ��"_----(931.2) ---- _ I I y 1 �' •. �\ (9328) '�// �i�/ —� � M � � \i 1 "�,y �p��323L=__=ZL1.y� (eai i) — ——-t9369) (I— — — — — — — ��\� � � �j�A�iy4—�_----�O � �-- 4 � .\ � / /y�j�� 29.4 CIXlfOUR L!E h � : � � � � � � �'-d" i��-Z" ��a. �� t ,1\ i i %/ E . :' � ��'�.. ; �� i�� E �' '--- -------------- �•_o�� —y` -- �,� '�i i%�� `�►rr°"R �_,,,__� . '� � �°�i--�'% N 90°00' 00" W 56.00 -----� '° �� J� / N �—� � LEGAL DESCRIPTION OF PREMISES : " C R E E K // The West 6.00 feet of Lot 1, and the East 50.00 feet of \ �— —� Block 8, BAYSIDE ADDITION TO LAKE MINNETONKA. ��I , Resolution A _ City of Orono ORO��p� �o%vo� Hardcover Calculation Worksh�et � � Ptoperry Address: ' � �� , 35�d 9 F.�rr �,�KE sT CNR�I LA PPE�v� ��'RF��F'- Prepared by: Date: ��(a,vB E'�� ,� if 1"a'oc �A T ��, 9-Z-/s Stormwater Quality Overiay District Tier. {Circle one) �er Tier 2 Tier 3 Tier 4 Tier 3 Step 2: ROPOSED OVE In the foliowing table,identiy all items of propflsed hardcover on the property,keyed by I�ter to Cert�cate af Survey(survey must accanpany this form).include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that wi)I bE added. Use as many line.s as necessary to accura#ely depict proposed hardcover status of the propeitq. Far Tier 1 prope�ties, identify any features by letter which are spl�t a#the 75'sefback line and calculaie hardcover square foo�age s aratel for each ortion. Key to yardcover Item escribe Total Surve � } Length x Width g uare Feet Exa le Gae e . 4'X30' ' :720�:F: . A S.F. IB 2 9 S.F. � S.F. � E ' � � S.F. F S.F. � G S.F. . H S.F. � S.F. � S.F. 7 S.F. K K T S.F. � S.F. M � N S.F. 0 S.F. P p S.F. Q S.F. R S.F. S S.F. T S.F. � S.F. V S.F. W S.F. x S.F. Y S.F. Z S.F. S.F, 1 j Total Pro osed Hardcover ( S.F. Excludable Hardco.ver See City.Code Sec 78-.1Sg4 : S.F. S.F. S.F. � S.F. S.F. 2) Total Excludable Hardcover S� 3 Net Pro osed Wardcover Subtract Gne 2 from line 1 � l S.F. 4) Total LotArea = $?!9 — / ? F1m 2 . ., �t = SS62 S.F. Prapossd Hardcover PerceMac�e ((3}+(4)] !�" �� S� .lan«ary 8,d013 � A�-r��v� N��V�