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Home My WebLink AboutReso 6647 File No 16-3835 � r , / � � �� 1 9/ � Doc No T05367771 Certified, filed and/or recorded on Jul 27, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 22 Pkg ID 1424296M Document Recording Fee $46.00 Documenf Total $46.00 Existing Certs 1397523 This cover sheet is now a permanent part of the recorded document. � r l7 ,� r�=_�--_, _ .� . _.�. t--'--::. , r ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� 1 No. b 6 4 r G t"9`�ES H�� A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 8� 78-1279 FiLE NO. 16-3835 WHEREAS, on May 18, 2016, Guy Lee Milliren and Sally Louise Milliren ("Applicants"), applied for variances from the City Code for the property addressed 1991 Fagerness Point Road and legally described as: That part of Lot 1, Fagerness including accretions thereto and that part of Lot 26, Fagerness including accretions thereto lying southerly of the following described line: Commencing at the most southerly corner of Lot 2, Fagerness; thence southeasterly 50 feet along the extension of the southwesterly line of said Lot 2; thence deflecting to the right 65 degrees 46 minutes a distance of 77.66 feet to the point of beginning of the line to be described; thence southeasterly at a right angle a distance of 35 feet ' more or less to the shoreline of Lake Minnetonka; thence northwesterly along said line to the point of beginning; thence continuing along the northwesterly extension of said line to the shoreline of Lake Minnetonka and there terminating. The Northerly boundary line of the above described land was marked by Judicial Landmarks set pursuant to Torrens Case No. A-21759, as shown on Certificate of Survey Doc. No. 1903701 (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow modifications to the roof eave and expansion of the overhang 9.4 feet from the north side property line where a 10-foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow modifications to the roof eaves and expansion of the overhangs on the existing home as close as 23 feet from the lake where a 75-foot setback is required, as well as entirely lakeward of the average lakeshore setback line; and WHEREAS, on June 20, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the 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 June 20, 2016, the Planning Commission recommended approval of the variances; and 1 ��Np CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� ; No. b 6 4 7 G tqkES H 04� 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 #16-3835. 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 in the LR-1 C Zoning District. 3. The Property contains 23,369 square feet or 0.53 acres in area. The Property is configured on a peninsula with lakeshore on three sides; the cumulative width of the lakeshore exceeds 100 linear feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side setback variance; b. Lakeshore setback variance; and c. Average lakeshore setback variance. 6. In considering this application for variances, the Council has considered the advice and recommendations 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 proposed expansions of the roof overhangs on the gable ends are reasonable and typically a permitted encroachment. The variances are in harmony with the intent of the Ordinance. 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, ; rro. � 647 � `qxES H�� 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variances are in line with the residential goals within the comprehensive plan. 3. "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: a. The property owner in question proposes to use the property in a reasonab/e 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 this property as a point into the lake. b. The plight of fhe landowner is due fo circumstances unique to his property not created by the landowner. The location of the lot or home on the point was not created by the owners. c. The variance, if granted, will not alter the essential character of the locality." The visual impacts resulting from the additional 18" of overhang on the gable ends will not alter the character of the neighborhood. Rather, the home will appear to be aesthetically consistent with the adjacent neighbors. 4. "Economic considerations alone do not constitute practical difficulties."The Applicants have not requested approval based on economic considerations. 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." A residential home is permitted in the LR-1 C district. 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 Property's location and orientation on the point of Fagerness Point Road is unique to the Property. Due to the nature of the Property on the point the, application of the setback requirements causes a practical difficulty. 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�� G` No. b 6 4 7 '�KFs x o�`` 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's location on the point of Fagerness Point Road is unique and applies primarily to this Property; the application of the setback requirements virtually eliminates the ability to improve the Property without a variance, creating a practical difficulty. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the variances to make modifications to the roof to allow for increased roof ventilation and water runoff off of the roof is necessary for the preservation of the owners' property rights. 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."The proposed project will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will resolve and alleviate a demonstrated practical difficulty caused by the application of the lake and average lakeshore setbacks applied to the Property. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 to allow modifications to the roof eave and expansion of the overhang 9.4 feet from the north side property line where a 10- foot setback is required; and grants variances to Orono Municipal Zoning Code Section 78-1279 to allow modifications to the roof eaves and expansion of the overhangs on the existing home as close as 23 feet from the lake where a 75-foot setback is required, as well as entirely lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the survey by Gronberg and Associates dated 05/24/16 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A 8� B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. 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 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). 4 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y ; No. � 6 4 7 � G �'�xFs x oR`` 3. 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. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' 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 11�h day of July, 2016. ATTEaT: CITY OF ORONO: � • , '� ds�lJd X�., � �Tiegs, ity �I k Lili Tod McMillan, Mayor � ` s ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 's<r G1 No. � 6 4 7 `�kESH�R� ` ,�?��_-- `�. �� Prope Owner Property Ow �r STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this � day of , 2016, by Guy Lee Milliren, husband of Sally Louise Milliren. �._��:i�:,�,:.?r:i.*_'' li,.'� �� a�—e� �DC��-- F,,`a"c�LL s� „� � RACHEL DODGE 3,.� � NOTARYPUBLIC•MlNNESOTA Notary Public '�'�N��'Commisslon Expires Jan.31,2020 3 STATE OF MINNESOTA COUNTY OF HENNEPIN j �` This instrument was acknowledged before me this t� day of , 2016, by Sally Louise Milliren, wife of Guy Lee Milliren. h' '.t:.U�Ey /////�� 1L'E.�T}� � (�^� �� °Q RACHEL DODGE V�� x ��> . �� NOTaRY PUBUC-MINNESOTA �� Notary Public �m�� My Commission Expires Jan.31,2020 6 \ / ) / � � . � � � i's��:i.+/"•~r..•� � 1 i Y i� SOUTFfRLY \\\ �•,�•�>er^�{•+•—. tJNE CF �\ � �-ia�r��,;4'dfi.,_�.� � Resolution LOT 2 �� /i `�'1-�!f��Y ��-'• i Exhibit A MOST S'lY�" •\ � � � � �I CORNER OF �'`� tOF 2 �� \ 5��0� / saTr�a�r�aE ��l aF �or z ocr�o� �� SOUFMEASTERLY -- .,�, : \ '� \ j �J:;�� .�� ♦ 1 SOUTHWESiEFRY �Y� Vi, �✓LNE OF L07 � p�. � rn: \ ;` �.}:_....._..__...5 4019' 15„ <,�,s�` �..� �` .-`'� �.� ; � ?57.72—,.._.._..._. : :��10'-, ` � • � �� i� � "',.. ' eu«iaP �RN L� \ , �IiIVEWAY � � kS DESCR19ED \ (Y".� ''.+' ��'• ri`.�� (v3�.41`,v,C�aYkrN �� • ��`�r�...._ \ y`' � '�-e.+�,�`� �`, e�;. '�rtor�arr ur� 'S.4.ss '* ��. ----87.n_�` g .;�.Jr' A5 OETERMINED � � 5 _-•.-: � �y� •,A� BY TOf3iET6 CASf �9�s-. �� ;�''h NO. A-217S9 �--�.1 �,� 7p•..... \\ 'i � (~ ��o� _.�I �L��'T�EACK .) �� , xA�cw � i (�s+_q �� I 1 1 ee% �� - {,.T _ PAVEk�, E �( v4 ��J W� r �\ ORIVEW�Y tro ' c «� � � '�, --:.� ¢ f'� ..., F- R� - �\`� � `, c�„ , EXISTING � .��,, ,� ,y ,• -- _.. h.,,`.\... ._ � HOUSE � �« •� DOCK � �a��. 4 ��991 �, p,�,,•,u��o) 1 � n°°n � � � � iro�K"ast� I rr'�sec°" \ rM� LAK ., �' � i � � r �� ,� � � c�� tur.4) DECl� Fl.� �v�v�as + ! f�) �7 j NNET�NKA " ��}r ' vss�l T'4 �y r f '� ad� +�c» ::F� ��,• �t P9 s�aMe r; �EST ARM ��, �' 9�,a� ;' �.,o�� .\ - _ t+� ' W ---sar f �� usa7 t��l P� � (onvx� lW� l (a�o» w (u3o.Y� �� 9J�- FAGERNESS - POINT � . � m x � c n . . . , b64 � � . �C,��, t � CERTIFICATE OF SURVEY FOR GUY MILLIREN IN LOTS 1 AND 26, FAGERNESS HENNEPIN COUNTY, MINNESOTA i i .� �OT 2 �' � . ��?.�\ /�VACATED /i ,,,, � FACERNESS� �j�` POINT RD.� .�,. � , `�'�i �, ,�. ,�:�.. �_. .� ,��. �� S ��`� ia�T/y-- ''�'s�� e isz�z�, =1��:��•�_�' O�' i +a,9s � __—____�.n_"-�� _1 .S •-, `"` ¢'�:.,� � � �.� ' "� 7�"\x� � °",V;r^". 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Resolution L -------- x ,3(a � t e � w �i'�I�eiP°`t�il'EnES°a ��r;��'i�� IbE55 NW 'ouo�0 �GTJ 4uiod seauaa6vd Ibbl a ,��'§i'�(��i�pi€��iigs��°��"i ��lsl��I�� l�l�.�I � � I W 2 � Exhibit B � ��'P�t�� Se3�� "9�� ' * � M -----— ` W M IL LL Q W� � � � Z~ � � a� �� Z � `' 'n LL N cv�N f W � �J,� � O W J W O w � Q> �— � O � ao O z Q W a � � W � � x W v � W Z Z � z o Z (�/ _ N� �J Jl J O " W� W� �\ c\I V O � _ _i ❑�OD wQ �❑�❑ � �� ❑❑0❑ mana o ��DO❑ o � ' ❑�❑❑ -- ❑❑❑❑ I � �� xa ;:, n i �',�'�, �� \�i`,`:�� ❑�❑ �� ❑ooa Z z 0 0 � � � � Jo � o W _ --� _' 0 � �� W �� z � [Y � - Ow Qw �/ Q wQ LL N [Y N 4 � �o �--- � m � - 0 � o � �"'.�• ..»�..a„�, ��.�a B"FRIEZE BOARD � 3xb FASGIA � �BOARD °se' 1'-O" �U 6 8` I .� -0 ' � 6 �m � N � � RI�GH�+T ELEV�TION � o SGALE: I/8" = I'-O" �� 0 � � � � 0 � � N H"FRIEZE � � BOARD � Cl � ]xb FASGIA •— O� — 6 — � ��'�" � P'O" (5' b" �, b• � � g�_ ' � _ _ � � � � FZECEIVED �E�ELE��TION MAY 1 82016 — SGALE: I/8" = I'-O" .CITY OF ORONO 20f� # +' � � � 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 ir�inyoffice, a�id the same is a conect transcription thereof. ��. ' '�� _ ', '� � '�� \S� . ' � !;' ;, WITNESS my hand officially as such City Clerk and th�c��3o�at�,��p��it�this 19th day of July, 2016. � � % �=� � , `" e ' � ri'" � '�, .,'; • -� i jsr`� ( `' a ��'��J. c v� ��"`�� ''� �a�, r ;, 'ane Ti,egsy�Ci�y � . �� ;�''.,° Q ., .� '� �e:� �x3 " ��,. �°' . .. ��yR?i�aa:.•'��" . �:;