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HomeMy WebLinkAboutResolution 6694CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1403, AND 78-1700 FOR PROPERTY LOCATED AT 1750 SHADYWOOD ROAD - FILE NO. 16-3874. WHEREAS, Lyle E. Shaw and Gretchen S. Shaw, husband and wife, (hereinafter the "Applicants") are owners of the property located at 1750 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 16, SHA.DYWOOD, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, Stonewood LLC on behalf of the Applicants on September 21, 2016 made a complete application to the City for variances to Orono Municipal Zoning Code Sections 78-350, 78-1403, 78-1680 and 78-1700 in order to allow the construction of a new residence to replace the existing single family residence on the Property, said construction requiring variances for lot area and lot width for a lot 0.25 acre in area and 62 feet in defined width where a lot area of 0.5 acre and lot width of 100 feet are required; and a variance to allow a hardcover level of 29.6% where only 25% is normally allowed, and such hardcover to be located partially within 75 feet of the lakeshore where no hardcover is normally allowed; and a variance to allow structural lot coverage of 18.2% where only 15% is normally allowed; and WHEREAS, on October 17, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 October 17, 2016, the Planning Commission on a vote of 5-0 recommended approval of the variances as presented; and WHEREAS, on November 14, 2016, the Orono City Council reviewed the application and the recommendations of the Planning Commission and City staff. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL C, NO. b -° � f A2. The Property is located within the LR -1C Single Family Lakeshore Residential District which requires a minimum lot area of 0.50 acre and a minimum lot width of 100 feet for construction of a single family residence. A3. The Property is 10,740 square feet (0.25 acres) in area, being 62 feet in defined width. The property is considered as legally nonconforming with regard to lot area and lot width. A4. The property is located within Storm Water Quality Overlay District Tier 1 which allows 25% hardcover. The proposed new residence will result in total hardcover on the property of 3,179 s.f or approximately 29.6%, exceeding the maximum overall hardcover allowance for the Property. The portion of proposed hardcover within the 0-75' zone where no hardcover is normally allowed is 110 s.f. A5. Regarding the lot area and width variances, lakeshore lots on the western shore of Crystal Bay were platted between Shadywood Road and the lakeshore in the 1890s. These lots were typically 50-60 feet in width, and varied in depth due to the relatively straight road and curvilinear shoreline. The applicants' lot is at one of the "pinch points" where the lot depth is relatively short. On a majority of the originally platted lots individual cabins were built, which over time have been remodeled or replaced with larger homes. In a small number of cases, two or more lakeshore lots have been combined to create a larger lot, but a majority of the properties. remain as single lots and most are significantly smaller than the 1/2 -acre requirement of the LR -1 C district. The fact that Applicants' property contains an existing residence and has been assessed for and is connected to municipal sewer and water, are factors which inherently support the granting of lot area and width variances for construction of a new residence. A6. With regard to the hardcover percentage and location variances, because of the attachment of the proposed garage to the proposed house, the garage becomes part of the house and as required by code is proposed to meet the 30' street setback. This results in additional length of driveway as compared to a side -load detached garage, while allowing for a 10'x10' backup apron and room for off-street guest parking. Off-street parking and the ability to enter the road in a forward movement are features critical in maintaining traffic safety along Shadywood Road. The proposed driveway is not much wider than the garage doors. The proposed grade -level patio extends approximately 6 feet past the average lakeshore setback line but at the low level is not considered as a view encroachment. The patio does constitute approximately 110 s.f. of hardcover in the 0-75' zone where hardcover is not normally allowed. Total hardcover proposed on the site is 3,179 s.f. (29.6%) where 2,685 s.f. (25%) would normally be allowed. Potential reductions to reach the 25% limit would likely require a home re -design given the site conditions of proximity to Shadywood Road and the need for minimum driveway, backup apron and sidewalks to serve the residence. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 9/ The City Council finds that there is insufficient justification to grant the variance to Zoning Code Section 78-1680 to allow the proposed patio hardcover within the 0-75' lakeshore setback zone given that this is a complete home rebuild. There is no practical difficulty shown for this encroachment. The home and site plan can be redesigned to eliminate the patio encroachment within the 0-75' lakeshore setback zone. Denial of this variance is consistent with past City actions in similar situations. A7 With regard to the requested variance for structural lot coverage for a new home, the 15% limit was established in 1989 primarily to limit structural massing on properties less than 2 acres in area. Lots smaller than 10,000 s.f are allowed 1,500 s.f of structural lot coverage. Past City approvals of variances to the lot coverage requirement when granted have often been predicated on livability, functionality and safety associated with use of a property. The proposed house, covered front stoop and attached garage comprise 1,951 s.f. or 18.2% structural coverage of the property. The applicants propose complete removal of the fairly small (20'x36') cabin existing on the property. The property has no garage, and has been used seasonally for many years. The proposed new house with a 2 -stall attached garage will provide for a more functional year-round residence. Attaching the garage allows for additional second -story living space above it. It has been typical of tear-down/rebuilds on the lakeshore to attach the garage, resulting in a more compact massing of structure on a given site and resulting in a less - crowded streetscape. An added benefit is the ability to have a backup apron in the street yard to allow forward vehicle movement entering the road — especially important on Shadywood Road. A8. 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. VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." Single family homes and the associated amenities are permitted uses in the LR -1C district. The area and width variances if granted would allow construction of a single family home on the property. B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The proposed new residence structure is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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." 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 owners are proposing to use the property in a reasonable manner by constructing a modest size single family home with a minimally sized 2 -stall garage, but the specific size and massing aspects of the request are not permitted by the Zoning Code. With respect to lot area and width, the substandard lot in single separate ownership is a circumstance inherent to the lot and not created by the landowner. The lot is one of the smallest Lakeshore lots in the neighborhood, due to the curvature of the lakeshore and the relatively straight nature of Shadywood Road. A smaller home meeting the lot coverage and hardcover standards could be designed for the property but would be somewhat out of character with the surrounding neighborhood. The character of the neighborhood is not likely to be significantly altered by construction of the proposed home. Structural lot coverage for homes in the immediate neighborhood ranges from approximately 14% to 28%, with a median and average of approximately 20%. There is a relatively equal split between the number of homes with attached garages and those with detached garages near the road. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. The design of the proposed home is related to the need for functionality for the homeowner including storage of vehicles and equipment, as well as providing for reasonably sized living spaces. 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 is an allowed use in the RR -1B District. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. r 6 x 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. B$. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The lot is one of the smallest in the neighborhood. The adjacent property to the south is nearly identical in size and shape to the applicants' property, and was granted variances in 2006 for 20% structural coverage. Most of the developed lakeshore lots in the immediate area are larger than applicants' lot and most have lot coverage exceeding the 15% limit. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located'. The standards applicable to this property apply to all other property in the LR -1C District; the lot coverage limits similarly apply to all other lots in the LR -1C district that are less than 2 acres in area. However, the LR -1C district contains many homes on properties which do not meet the LR -IC lot size standards due to originally being platted or developed prior to establishment of zoning codes in Orono. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the lot area and width variances is necessary to preserve the property rights of the owner to build a new residence on the property. Similarly, in order to construct a residence consistent with the size, quality, and functionality of other lakeshore homes in the neighborhood, some level of hardcover variance and lot coverage variance is necessary. Granting of hardcover and structural coverage variances is not necessary if the ability to construct a residence consistent in size and functionality with the surrounding neighborhood is not a consideration. 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 requested variances would not impair health, safety, comfort or morals and would 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 of the area and width variance is necessary to solve an obvious practical difficulty. Granting of hardcover and structural coverage variances is also necessary in order to allow construction of a home that is commensurate with the surrounding neighborhood, and which provides for functionality and room sizes that are reasonably expected and accepted as normal in the neighborhood. However, the proposed patio encroachment constituting hardcover within the 0-75' lakeshore setback zone is not supported by a practical difficulty. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 9 e:i CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350, 78-1403 and 78-1700 in order to allow the construction of a new residence to replace the existing single family residence on the Property, said construction requiring variances for lot area and lot width for a lot 0.25 acre in area and 62 feet in defined width where a lot area of 0.5 acre and lot width of 100 feet are required; and a variance to allow a hardcover level of 29.6% where only 25% is normally allowed; and a variance to allow structural lot coverage of 18.2% where only 15% is normally allowed; subject to the following conditions: 1. Council approval is based on the survey & site plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A and the proposed building plans attached as Exhibit B. Any amendments to the approved survey, site plan or building plans which are not in conformity with City codes or which require further variances will require further Planning Commission and City Council review. 2. The requested variance to Section 78-1680 for patio hardcover encroachment within the 0- 75' Lakeshore setback zone is specifically not approved. In order to be issued a building permit, final building and site plans must be submitted showing no 0-75' zone hardcover encroachment. The approved overall hardcover and lot coverage percentages will not be reduced; i.e. the hardcover level of 29.6% and lot coverage of 18.2% shall be adhered to. The applicants are allowed to redesign the footprint in order to eliminate the 0-75' hardcover encroachment. 3. Applicants shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 4. 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 (November 14, 2017). 5. 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. 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 9 . 6. 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 November, 2016. ATTEST: lane Tiegs, City Clerk 14.ze _ Lili Tod McMillan, Mayor Property Owner Property Owner 7 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 The foregoing instrument was acknowledged before me this __ day of 2016, by Lyle E. Shaw, husband of Gretchen S. Shaw. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2016, by Gretchen S. Shaw, wife of Lyle E. Shaw. Notary Public: 8 EMSTiNG HOUSE CERTIFICATE OF SURVEY FOR GRETCHEN SHAW OF LOT 16, SHADYWOOD HENNEPIN COUNTY, MINNESOTA ��k7j d i"[/4 -b, CO vel L N 0 N07— A PPPOV i5to 10� (ZFIqmlfj�� LAKE MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES Lot 16, SHADYWOOD denotes iron marker found (908.3). denotes existing spot elevation, mean sea level datum --w—. denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, spot elevations, 'opo rophy, trees, lakesides of adjoining houses, and all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. DATE MOMrt— a=mr� x� R ON 1760 L r 9f M w wry arsd bytmet or m ethis r y�dreck auTiervia rt„, ,MUM �,E,,Ar ,� *,� „ G R O N B E R G 8c ASS 0 C I A T E S, � N C . �&.'f i �, a d�y Lieensed Land Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS the iawo of. the State of Minnesota. DAW NOMW7-21_-1S 445 NORTH WiLLDS�f DRIVE, LONG LAKE, MN. 55356 952-473--4141 Jos No. Mork S. Gronbera Mlnriesotc Lioer�se Number 12755 16-287A 16-287A Resolution Exhibit A (APoAT-w* gWXv ey