HomeMy WebLinkAboutResolution 675411111111111111111111111111111111111111111111111
Doc No A10447256
Certified, filed and/or recorded on
Jun 5, 2017 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1557419M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '67 54
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1680
FILE NO. 17-3919
WHEREAS, Amir A. Mehbod and Ashley K. Mehbod, a married couple (hereinafter
the "Applicants"), are the owners of the property located at 2625 North Shore Drive and legally
described as:
Parcel 1:
That part of Government Lots 4 and 5, Section 9, Township 117, Range 23, described as
commencing at the North Quarter corner of said section; thence on a bearing of South (the
North line of the Northeast Quarter of said section being assumed to have a bearing of North
88 degrees 51 minutes West for purposes of this description) a distance of 2878.55 feet;
thence South 70 degrees 37 minutes 31 seconds East a distance of 838.42 feet; thence South
67 degrees 19 minutes 23 seconds East a distance of 266.25 feet; thence South 59 degrees 5
minutes 30 seconds East a distance of 300 feet to the point of beginning of the property being
described; thence continuing South 59 degrees 5 minutes 30 seconds East a distance of
159.15 feet; thence South 26 degrees 36 minutes West to the shore of Lake Minnetonka;
thence Northwesterly along said shore to its intersection with a line drawn South 32 degrees
16 minutes 30 seconds West from the point of beginning; thence North 32 degrees 16 minutes
30 seconds East to the point of beginning.
Parcel 2:
That part of Government Lot 4, Section 9, Township 117, Range 23, described as follows:
Commencing at the North Quarter of said section; thence on a bearing of South (the North
line of the Northeast Quarter of said section being assumed to have a bearing of North 88
degrees 51 minutes West for the purposes of this description) a distance of 2878.55 feet;
thence South 70 degrees 37 minutes 31 seconds East a distance of 838.42 feet; thence South
67 degrees 19 minutes 23 seconds East a distance of 266.25 feet to "Point A", said Point A,
being the point of beginning of the property being described, and also the point of beginning
of "Line A"; thence South 32 degrees 16 minutes 30 seconds West along said Line A to a
point on the shore of Lake Minnetonka, and said Line A there ending; thence Southeasterly
along said shore to a point 300 feet Southeasterly from said Line A, said 300 feet being
measured on a bearing of South 59 degrees 05 minutes 30 seconds East from said Line A;
thence North 32 degrees 16 minutes 30 seconds East a distance of 370 feet to an intersection
with a line drawn South 59 degrees 05 minutes 30 seconds East from said Point A; thence
North 59 degrees 05 minutes 30 seconds West to said Point A the point of beginning, except
that part of said above-described property lying Northwesterly of the following described line:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 7
Commencing at said Point A; thence South 59 degrees 05 minutes 30 seconds East a
distance of 246.74 feet to the point of beginning of the line being described; thence South 34
degrees 54 minutes 30 seconds West to the shore of Lake Minnetonka and there ending.
Subject to a mutual easement for common driveway over the southeasterly 7% feet of the
northeasterly 286.81 feet of the above described tract as shown by deed recorded in CR Book
1021 of Deeds, page 276, Doc. No 1146365; (as to Parcel 1).
Subject to a flowage easement set forth in decree in which a certified copy is of record in CR
Book 85 of Miscellaneous Records, page 301, Doc. No. 318546; (as to Parcels 1 and 2).
(hereinafter the "Property");
WHEREAS, on February 22, 2017 the Applicants have made application to the
City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow an addition
to the existing home 64 feet from the lake where a 75 foot setback is required; and
WHEREAS, on February 22, 2017 the Applicants have made application to the
City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to permit an
additional 93.2 square feet of hardcover within the 75 -foot lake setback where no hardcover is
permitted and 3,710 square feet currently exist in conjunction with the proposed addition; and
WHEREAS, on March 20, 2017, 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 March 20, 2017, the Planning Commission recommended approval
of the variances; and
WHEREAS, on April 10, 2017, 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 #17-3919. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
b7�,
'
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 One Family Lakeshore Residential Zoning District.
3. The Property contains 1.9 acres in area and has a defined lot width of 267 feet at the
ordinary high water level and 258 feet at the 75 -foot setback.
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. Lake Setback Variance
b. Variance for Hardcover within the 75 -foot Setback
6. In considering this application for variance, 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 ...." The proposed addition to the home is reasonable and a
minimal encroachment. The variances are in harmony with the intent of the Ordinance.
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 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 Property having a large wetland at the rear nudging the
development closer to the lake.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6754,:
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location of the existing home on the Property 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 addition will not alter the character of the
neighborhood. Rather, the home will appear to be aesthetically consistent with the
adjacent neighbors as the majority of the neighboring homes are situated within
the 75 -foot setback area.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
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 condition 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." This condition is not applicable, as the use for a residence is an allowed use in
the LR -1A 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 condition 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 existing home location and orientation on
Property is unique to the Property. Due to the nature of the wetlands on the properties
along this portion of North Shore Drive the developed homes are nearer to the lake than
the 75 -foot setback; the application of the 75 -foot setback requirement causes a
practical difficulty. The home and the proposed addition are located landward of the
average lakeshore setback line.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The home location within the 75 -foot setback is relatively unique in this
City, although not in the immediate neighborhood. The application of the lake setback
requirement virtually eliminates the ability to expand or improve the home without a
variance, creating a practical difficulty.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
675`r
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the variance to construct the addition
is necessary to increase functionality within the home; as well as for the preservation of
the wide, open space between the Property and the neighbor to the east.
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 variance will resolve and
alleviate a demonstrated practical difficulty caused by the application of the lake setback
as 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 78-1279 to allow an addition to the
existing home 64 feet from the lake where a 75 foot setback is required; and a variance to Orono
Municipal Zoning Code Section 78-1680 to permit an additional 93.2 square feet of hardcover
within the 75 -foot lake setback where no hardcover is permitted and 3,710 square feet currently
exist in conjunction with the proposed addition, subject to the following conditions:
1. Council approval is based on the survey dated February 13, 2017 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & 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 variance will expire on
that date (April 10, 2018).
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.
�O D()) CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
67
ESHO
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 10th day of April, 2017.
ATTEST:
Carlson, City Clerk
101
CITY OF ORONO:
Dennis Walsh, Mayor
FEWX END 0.5 FEET4,
NORTHWESTOF PROPERTY LINE-, C7 " v A
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ARDCOVER AREAS
5,354 SO. FT.
1.078 SQ. FT.
DRIVEWAY - 7,222 SQ. FT.
WALK, PAT10
= 1.241 SQ. FT. X931
COVERAGE = 12.895 SQ. FT. OR 15 PERCENT NZ 1"=30'
HARDCOVER AREAS
1,589 SO. FT.
1,078 SQ. FT.
DRIVEWAY = 7,222 SQ. FT.
WALK, PATIO
= 1,241 SO. FT.
COVERAGE = 13,130 SQ. FT. OR 15.2 PERCENT
a horizontal datum and bearings are based on the Hennepin County Coordinate System.
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Resol. No.
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67�
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 April 10, 2017 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 Corporate seal of the
City this 11 h day of April, 2017.
Jerk
(seal)