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HomeMy WebLinkAboutResolution 6646CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 6 A RESOLUTION GRANTING SETBACK VARIANCES FROM ORONO MUNICIPAL CODE SECTION 78-1279 16-3833 WHEREAS, John Bowlsby and Cyndy Bowlsby, a married couple, (hereinafter "Applicants") are the owners of the property located at 1025 Spring Hill Road within the City of Orono (hereinafter "City") and legally described as attached in Exhibit A (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of an in -ground pool approximately 25 feet lakeward of the average lakeshore setback line; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of an in -ground pool approximately 91 feet from the OHWL where a 100 -foot setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on June 20, 2016, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 20, 2016, the Planning Commission recommended approval of the variances; and WHEREAS, on July 11, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 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 the Property: FINDINGS OF FACT: 1 This application was reviewed as Zoning File #16-3833. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. "646 2. The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum lot width. The Property has approximately 258,818 square feet (5.94 acres) in area and has over 680 feet in width at the OHWL and over 700 feet at the 100 -foot setback. 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The proposed plan results in 10.7% hardcover. 4. Applicant has applied for the following variances: a. Lake setback variance b. Average iakeshore setback variance 5. 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..." The variances to allow construction of an in - ground pool are in harmony with the zoning code; the requested setback variances on this Property are generally consistent with the intent of the ordinance. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." This statement is true; the requested variances are in line with the residential goals within the comprehensive plan. 3. "Variances maybe 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 variance requests are residential in nature and are reasonable considering the unique nature of the neighborhood with significant separation between the neighboring properties as well as the elevation difference between the pool location and the lake. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 6 b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the home and the site configuration was not created by the Owners, the elevation of the pool area in relation to the surface of Long Lake greatly impedes visual impact of the pool to the lake. c. The variance, if granted, will not alter the essential character of the locality." The visual impacts of the pool will be minimal from the lake due to the topography as well as from adjacent properties due to the physical distance separation. The pool location will not alter the character of the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration for economic reasons. 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 criterion 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." Construction of a swimming pool on the Property in a residential zone is consistent with the Zoning Code and the Comprehensive Plan. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion 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 size and shape of the property is similar to a number of the immediate properties along Spring Hill Road within the LR -1A district. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The home is located within the 100 foot structural setback from the OHWL and is on the top of a bluff. Most of the neighboring homes, with the exception of the property to the east, have homes which meet the 100 -foot setback. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant" The pool is a traditional accessory structure in CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 6 residential areas. The pool located as proposed better serves the intent and goals of the ordinance by minimizing visual impacts to the lake, maintaining maximum distance from adjacent properties, and is located out of drainage ways. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property; the topography and location of the adjacent home to the north create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the Applicants. NOW, THEREFORE, BE IT RESOLVED that me City Council of Orono, Minnesota hereby grants a variance from Orono Municipal Zoning Code Section 78-1279 to permit construction of an in -ground pool approximately 25 feet lakeward of the average lakeshore setback line; and FURTHER, BE IT RESOLVED that the City Council hereby grants a variance from Orono City Code Section 78-1279 to permit construction of an in -ground pool approximately 91 feet from the OHWL where a 100 -foot setback is required. CONCLUSIONS, ORDER AND CONDITIONS The approvals for the pool stated above are subject to the following conditions: a) Council approval is based on the site plan survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. b) Hardcover within the 0 to 75 foot zone shall not increase above the existing level of 471 square feet and hardcover on the Property must not increase above 25% as permitted in Tier 1. Any changes to the plans or the Property which result in an increase in hardcover above the existing or allowed levels are not approved as part of this variance request. c) Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for CITY OF ORONO RESOLUTION OF THE CITY COUNCIL the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 11, 2017). d) 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. e) The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their 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 this 11th day of July, 2016. ATTEST: 41ie�ggs, City Cie Property Owners Lili Tod McMillan, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6646 This instrument was acknowledged before me this by John Bowlsby, husband of Cyndy Bowlsby. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this by Cyndy Bowlsby, wife of John Bowlsby. day of day of , irk h. (ID CO -2��--r,� �(fa3,C�=C� `fir" o �.�.40 ?2 3CD ,� � � �s3 � QUO c 0 =o`� nF�'�m=m cn cY . �CO :e v cQ 0 ,..f. m CA st tD —I 0 �'?m CO*� � �Z R. -Ce 56 Cog �*�ci� `< r� Com=� co -k 0) �°� 1-0 (D -.o$� 3c,3s= �- = �' m � � a Cn cD a- � M. t o m 0 0 cr o w (A) co u 0 mc")Oz on ? C � O � 3 � � (ID p ,. * m cD CL CL =(� ° (D 6 = < �MW 46) C) . 0 , aim ? � �c == M A) o CD. 0 � 3 �c N (D C oa tc.e - W ib -• Qac CLI CL w �u - ? Q A- m = 42 o Cn0 im -LO 0 = a CL m50 �o �`� �c= �, �• asmolk (1)9-. - . CD w3 to 2)Qo a CL owo Resoiutic Exhibit � M� , 0 79-t-W-CLJ'Z9$ :Xtl-4 1.ti41+-gt�b�6 ��ryvnQ sr�-sti 99£ NW `3),Vl =.?NO 1 3MIJO mol" 1'N � ,orw.y sa3NNV'ld aNV'!'S2i0A3Aans aNrnA3N NO2l� `S31'd13OSSV i8 8�-T - 4 -iso- --� Q � w 0 Resolution Exhibit B -, i 12M NW'9)IY OM 3ARMAM 1M'N:►Y "WKWU am'FALUUmmum WAROMMS wm '3NI 'S3LVIOOSSV'8 ON39NOW) F I 'anOO SINNa, m z° 6646 W_~o V >- a 94 Resolution Exhibit B r r 1 - A. anx 3,B6.BQl9N W� � r o LLI,1 t 1 f �5 1 1 Y r 0 0 1 a I I 91 A. anx 3,B6.BQl9N W� � r o . . � � � , , ti 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 July 11, 2016, with the original thereof on file in my o��e, and the same is a correct transcription thereof. °' ��„:. f�: �\ '�?�tJ/Wy���}� WITNESS my hand officially as such City Clerk and the����a� ',' �Q�th'�City this 19th day of July, 2016. � %�.�c'��o ;:.1 C�,'•.����� : .,�i , ,, ,,,: � � . :7 i ,� . � ��, s. z a�� ,.� � o s. !,:,,i: �..� � 4i � =�� , u,. -�,.y; � . �y �,2,��,., '�'��, y` `" 6' ' '�, i�"' ��'" 7?, �.. '': � r q �� �: Q� �. ��M t� -.'S���f.,�►�a���,�1�� . � ^' y�t . A -� 4 a,r �'� ` 1, w, � .sJs"'4i S`y�� 4 L���`'„� }'�Y;3`.. y,,� , i l f f �t�y�3� ..:.�\>>\\\����`, ��1� �i'1* ��.E�Mt ' Z ti.`. *��� �� �:F�, �,,�; y�,�a ' * � /o � �d � � �S" r-�.-� �r�/ � ,� Doc No A10339434 _ Certified, filed and/or recorded on Jul 27, 2016 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 22 � Pkg ID 1424270M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.