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Home My WebLink About6630 Varance - Replacing 6567 Variance - Filed 05-23-16 r � � �`�0 q L Cc.S�{cc..�c_e S�{��e 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. t , �O` YO �T �� 01 �f� RESOLUTION OF THE CITY COUNCIL �`�1.� �,G~�` N o. 6 6 ; c� KFsxot� CITY OF ORONO CORRECTIVE RESOLUTION OF THE CITY COUNCIL No. � r 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. i Y O ♦O C ITY Q� �R�NO RESOLUTION OF THE CITY COUNCIL �� G1 � b30 t'�kFsxo�`�. N O. Corrective Resolution Adopted by the Orono City Council on the 23rd day of May, 2016. A'f";�S'�': �,�` ` _ �� / Liar,e Tiegs, C;ty C; k Lili Tod McMillan, Mayor �°�o C ITY O� QR4N0 RFSOLUTION OF THE CITY COUNCIL � � � ~ � v � 1 �' �' N O. j"�kFsxo�`ti A RESOLUTION APPROVING VAI2IANCES FROM QRQNO 1VIUNICIPAL ZONING CODE SECTIQNS 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 properiy located at 3409 Eastlake Street within the City of Orono(hereinafter the "City") and legally described as follows: The West 6.00 feet of L,ot 1, and the East 50.00 feet of Lot 2,Block 8, BAYSIDE ADDITION TO LAKE MINNETONKA,Hennepin County,Minnesota (hereinafter the"property"); and . WHE�tEAS, 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 allow 48.9% hardcover on this Tier 1 property where only 25%hardcover is normally allowed; and VVI�REAS, 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 �Q�Q �ITY C�� R�N� RESOLUTION OF THE CITY COUNCIL � � � � , � �, `�'1 G~ N�. �' v1.� 1' qkFSH�� 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: A 1. The analysis contained within staff inemos and the e�ibits 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-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 cornmunity, e�sting 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 ��ith its floor at 933.5' and would not be expected to flood. Page 2 of 7 �-o�� ITY C�� Q��NC� RESOLUTION OF THE CITY COUNCIL � ti -' C; �� ' v �� ' N O. tAKF S H p��' 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 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 appro�mately 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 �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: Bl. "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 properiy owner in question proposes to use the properiy in a reasonable manner, however,the proposed use is not pernutted by the official controls." Page 3 of 7 �o�o C ITY C�F aRO�I`�Q RESOLUTION OF THE CITY COUNCIL y � 'J v U (, � �' N�. l.q�CESHp��" ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance, if ganted, 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 e�stence 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 deternunation. 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 hannony with Orono City Code Chapter 78." This condition is not applicable. B6. "The board or the cou.ncil may not peimit as a variance any use that is not pemutted under Orono City Code Chapter 78 far 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 pernut 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 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 �o�Q C IT�' �F Q�R�NO RESOLUTION OF THE CITY COUNCIL � � � J �� `� G N O. �`9KPSH0�� 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 far 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. B1 l. "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." Crranting 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. B 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Crranting the variances in order to have a ininimum sized garage is necessary to alleviate a demonstrated practical difficulty. CQNCLUSIONS, 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 �-o�o �� oRa�a RESOLUTION OF THE CITY COUNCIL � � y ~ � � G � `� � N o. ��kESH�� 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 ganted 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 appzoval, 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�"�-�%�,'� � �_��'��C�.,,��•�GGGL � y � ' � Tiegs, City Clerk Lili Tod McMillan, Mayor � � . G' ope r(s c,- Page 6 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 corp�rat seu��of tl�� City this 29�' day of December, 2015 . �,�� . J ' e Tiegs, City CI �o�Q ��`�� OR�� RESOLUTION OF THE C1TY COUNCIL � � . G` � � � d� `� N O. j�KFSH�� STATE OF MINNESOTA COUNTY OF HENNEPIN r� This instrument was acknowledged before me this o�a day of �� , 20l 5, by Christopher J. Lappen, a single person and Kallyn L. Bialowas, a single person. t;�::�-�.-_;��- 1!/o�- t�_ `� a'°"''�> RACHEL DODGE `�� } ARY PUBUC-MINNESOTA �� D� y: p�nT �O� ��,°��>r{;i errcnission Expires Jan.31�� Notary Public �:r� Page 7 of 7 A S '1' �� L A K .� ��1' t� � .� '1' - - � � i Resauean 1 1 j Euhibit A " -- -- — � —�' 9 t�osw) / . L.l+ Ll...w}�.,� - . _/ i Fran} ��e�.�,a � �N 90°00` OA„ __ _ . "`-r �� ' � -�y j '''� ��,,,�,�'�J � � �� } .CtSNCRETE ' � �4 rs��, � _ - + "'u�ur.e�,. ��rn� � p �� DRIVEWAY ��— ' '� '• -z�^'S0.00_..__.__� L._......�..�, N i� � � I�e� � O _....�....__.....�.. \ / � � � y ----'��J:�J � 9 aMsm � �_�� I � � � ��// ��.~_vl' � p i4.t � `_'-� ' ��--r� B.0 � i� l�) _ ._ � iru� �, c� ti I � — �=--=� a ;�s �� !% a'��i o��oon I ��,J—� �5' na � �4-- �-1 � �� i f-_�=-.�.`1 g LE�TBAd(-.. ...-----�^ � p6r�cre�tE � / _ -'''_�,� - , I!��rya�Y � I � � ' '�~ 'sx, �� i i i EXISTING 1 �" EXISTING j� '� i � � —`-iV yc,, -_...---- �ns•.-_.... � � _._._t�a._.. _ � / ' �o HOUSE +2 I� � � � HOUSE � . �3409 � � �'�°'�� /3q.p7 � ��•�� A) �6 ' ,�� P� � � . .__� � +'-.-.1_.._..._,,.__ _ . r_ � ,� ; �, i - '11 i ^(e°°Rae4) tl (�) �� ;%auva.ro � R;S+,a et.,..��.n . (°af 14.5 ♦ M � (asM fwzl Rter .Q�.ua Iren � � .a �,�'1 /• 3 -�i O� . �� DECK � �I � , �°� \ "'u' �� ---- " " ' . I � � ' �� --'"� �''�' ��`---�I } ._ .._.___ � '� � c�.> � ....:...._..: : ��•PR OSED •�� _�� / � � � � � r - - - - - --� � � � -- � � ------ �� i \`� j �� ,,�,' � GARAGE � �\ ��` J�, I ` � ��'b".'-�� P � �0� \ O� ��.a,,.,,�� ''";�.::.�� E z,�-,�.�. 3�� i 1�� 2 � �k �� -_ ______�-'" �� p �•�a - i � � �' i= �+� �--------- - --- I � � . w 1'$, �' \`�---�� f'�.,,��°� �� e J I + i .___.__.- -- _ ��1� �� c.�o ^q°" � t��i '�js -�'.�f d ----=------- � -�.� �� y_ `_ s33-'�� g ��i� I—„ � ___ ----t.�+S--- � � ;v 1•e }` `\\} ��__��-_ -�-t_t+ox —�----a+es�"-- I _ ^ ` � � � �—�=�--- _ -- —...— — — �� `��,� 1—-._._-— o -�—_ ,�—� 4� � i i��%. °ert°n" � n % \ f-1r /�.• � � �N � � � iii�/ . f---T� -----------,_ r �_o, i -� I j��1.—i�i%/ t_��„r../ — � L"�-��N 90°00' 00" W 56.00 -.--.... • ��..-.�s' �,� . LEGAL DESCRIPTION OF PREMISES : � CREEK ,/ The West 6.00 feet of Lot 1, and the East 50.00 feet of �-------'� Block 8. BAYSIDE ADDITION 70 LAKE MINNETONKA. M""-1 � - ' ' ` ' Reso�ution ) C�y of Ororro Exhit�it B e�n�o H��c��c�� a[�u�at[an 1�c�r�sh�� w i�rOp6(i�l}�CFC�@SS. � If 1"T I�I�CE 1'T. CltrR t � ` Prepero� by: �� °.., � � Date: c��t�` Starmwater t�uality Overlay Distrlc�l7er: ��ircle ana) er Tlar 2 Ter 3 'i�er 4 Tf�r 5 � - Stsp 2: QPQ E C In the�#o11o�n�n�te�l�,idenMy a�itern,s o�p�-apos�e�d hardca,�r on ths�roP�Y, keyec�by le�t to C�rti#fcat� aE Survey{s�rvey must accarr�pany#h!s fam).It�c�de a1�ad�ting hardccx.+�er.iterrts tl�at are intenci�d to rernain,as well as a�l propased hardc�orrer Iterns thet wlll t�add�d. Us��,s rn�rty Ilnes s� n�cess�ry�o accuratey dep�ixoposed harck�vet'st�t�s of th�prc+�rty. Fa Tier 1 Prc�perties,itler�ify $r►y#eatttne.s�r�ec whk��s sp1�8t th�7'�'sv�8ck lir�erxi celculat�harc#cc�r�t�ara foo�pe ra fa e$dy ivn. Kry to Surve HardcoYer I�ism(Deac�y Length x t�►idt� �`ata[ . � ff - 8 f a . '��d 6 .� ~ s.F. � � . p � S.F. . E ' S.F. � F 5.�. i G � S.F. ' N - S.F. � S.F. J SF. }� S.F. L 5.�. M . S.F. H S.F. p . S F. p �.F. (� 5.�. R S.F. S S.F. T S.F. U S.F, v S.F. � S x S.F. y S.F. Z 5. t Tobal i�ra ed Fi�dcover S.F, 1 S.F. Exctuc[aE�le..}iar.c�"c�.�r�r �c�C C�t��.�ec 78��6.$4: • � � . . S.F. S F. , S.F. 5.�. 2) 7otal �xciuciable Har+dcov�r .�. 3 Ml�t Pr sed H'ar+daove�'.Subtract�s trom�n� 1 'F. �' � S.F. 4 Toea!Lot�,r�a = ✓��` .�. f ?" �` 2 . '+ic - �.S'6 S.P. �ropotsd�ardcovrt Rarcet�[�g� C{s}��4}j 7�+c�� r�� .�,u� ��ox� �� F�A� �� - - � � r � 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 th,e:t��r�g of the Orono City Council on May 23, 2016, with the original thereof on file in'my of�'ice,y�nd the same is a correct transcription thereo£ , �A-;.��,�,� �,„. „. ' ,.,, , ' �.<;�.�,K=� ,�+� �,_ WITNESS my hand officially as such City Clerk and the iQrpora��al�j�li��it��his :, 24t" day of May, 2016. ��@{� ��' : `,� ',� ;� � ��r � -y <� � `" � �'r` ' ' � ` �i'Z�- �' �, J , ;� ,y ., iane Tie�s��Y.� ��r f��'�' � c� %��° A . 4 ��i �� :,t < 1� '��•��' ��.rV ,� a" r.:'��y d^'V u'a 1 t,�4 ,•� . 0 '��:-;�l� ��' � � �� ._ � � :;� t�,!��,!j��- _- �.� _ � l�'�:,�,..: