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Home My WebLink AboutResolution 6696CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6696 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1281, 78-1282, 78-1435, 78-1605 and 78-1680 FILE NO. 16-3876 WHEREAS, Luke Beltnick, is Trustee of the Luke Beltnick Revocable Trust (hereinafter "the Applicant") the owner of the property located at 1380 Orono Lane, and legally described as: Tract A, RLS No. 1350, files of the Registrar of Titles, Hennepin County, Minnesota, except that part thereof lying Northeasterly of the following described line: Commencing at the most Northerly corner of said Tract A; thence Southwesterly along the Northwesterly line of said Tract A a distance of 268.60 feet to the point of beginning of the line being described; thence deflecting left 117 degrees 47 minutes to the Southerly line of said Tract A, and there ending (hereinafter the "Property"); WHEREAS, on September 21, 2016, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1281, 78-1282, and 78- 1680 to allow reorientation of an existing pool patio to accommodate a new in -ground pool within the 75 -foot setback resulting in 444 square feet of hardcover where 743 square feet previously existed and hardcover is not permitted; and WHEREAS, Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a shed for the storage of pool equipment within the side street setback, 19 feet from the side lot line where a 50 foot setback is required; and WHEREAS, the Applicant also has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1605 to allow construction of a 10 -foot x 20 -foot back up apron to replace a similar driveway backup apron 25 feet from the wetland where a 35 -foot setback is required; and WHEREAS, on October 17, 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, following the public hearing, the Planning Commission recommended approval of the variances; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. GG96 WHEREAS, on November 14, 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 #16-3876. 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 -1A Single Family Lakeshore Residential Zoning District. 3. The Property contains 144,597 square feet (3.3 acres) in area and has a defined lot width of 140 feet at the 75 -foot setback and 115 feet at the ordinary high water level. 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. Hardcover b. Wetland Setback c. Side Street Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance 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 ...." All of the proposed improvements are residential in nature, are minimal in scope, and do not conflict with the general intent of the Ordinance. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66 2. "Variances shall only be permitted . . when the variances are consistent with the comprehensive plan." The requested variances result in residential improvements which are consistent with 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 reasonable manner, however, the proposed use is not permitted by the official controls. It is reasonable to rearrange the pool patio within the lake yard in order to reduce the total hardcover impact and make the patio more functional; it is reasonable and minimal to permit a small pool shed for the storage of pool chemicals, equipment, and accessories near the pool within the side street yard as well; the encroachment into the wetland setback is a relocation of the previously existing driveway area and is reasonable; it does not encroach into the required 25 -foot MCWD buffer. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property contains a large wetland which separates the dry buildable land near the lake from the remaining dry buildable land, limiting options for development. Further, the narrowness of the buildable area in the lake yard portion of the Property and the floodplain elevations limit usability of the land. c. The variance, if granted, will not alter the essential character of the locality." The proposed variances result in a changed pool patio and driveway as well as a small shed for pool equipment within the street side yard. There is currently a fence along the street side yard which will be replaced with vegetative screening. The character of the neighborhood should not be adversely impacted by the proposed variances. 4. "Economic considerations alone do not constitute practical difficulties." The Applicant has not requested variances 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6696 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." The requested variances result in residential improvements and are permitted within residentially zoned properties. 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 is divided by a wetland which separates the dry buildable land at the lake from the remaining dry buildable land limiting options for development, creating a practical difficulty unique to the Property._The side street is a dead end roadway, there are no additional properties further down the road. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." This is correct, the immediately adjacent properties do not have similar limitations. The Property is divided by a wetland which separates the dry buildable land at the lake from the remaining dry buildable land limiting options for development, creating a practical difficulty unique to the Property 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicant indicates that it is necessary to make driveway and patio areas more functional while reducing overall impervious surface within setback areas. 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 variances 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." The Applicant has indicated that they wish to minimize hardcover by reorienting and reducing the existing nonconforming hardcover within the lake setback; and by reorienting the driveway. The width of the lot, proximity to the lake, and presence of the wetland on the Property make locating a conforming spot for the pool shed difficult. 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 78-1281, 78-1282, and 78-1680 to allow reorientation of an existing pool patio within the 75 -foot setback resulting in 444 square feet CITY OF ORONfO RESOLUTION OF THE CITY COUNCIL NO. 6696 of hardcover where 743 square feet previously existed and hardcover is normally not permitted; and a variance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a shed within the side street setback, 19 feet from the side lot line where a 50 foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-1605 to allow construction of a 10 - foot x 20 -foot back up apron 25 feet from the wetland where a 35 -foot setback is required, subject to the following conditions: 1. Council approval is based on the survey dated 09/20/2016 by Gronberg & Associates and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B (hereinafter the "Plans"). 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 Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A final inspection must be completed for the shed within one year of the date of Council approval, or the variances will expire on that date (November 14, 2017). 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 Applicant has read, understand and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 141h day of November, 2016. ATTEST: CITY OF ORONO: 4CkaKe Tiegs, City Jerk Lili Tod McMillan, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF TUBCITY COUNCIL NO. 6696 Property Owner: Luke Beltnick Revocable Trust By: it's TwSlee This instrument was acknowledged before me this day of , 20_, by Luke Beltnick, the Trustee of Luke Beltnick Revocable Trust, on behalf of the Trust. Notary Public IUD 6690 96 or PROJECT I hareby cartify that this Plan, s yoc�catic 6rVi9Lon,t wa3 prcporod by me. or and=r m direct sup and tjyat 1 am .a duly Licensed Land Surveyor under the lads of the State of !,naso o 12755 L ip o E 'g-74% &L, TK - P,-> 6