HomeMy WebLinkAboutResolution 6756 r
Doc No T05442269
Certified, filed and/or recorded on
May 5, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1545252M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1432394
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6756
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330 & 78-1279
FILE NO. 17-3917
WHEREAS, on February 22, 2017, James and Vicki Splinter ("Applicant[s]"), applied
for variances from the City Code for the property addressed 4005 North Shore Drive and legally
described as:
Lot 1, except that part thereof bounded by a line beginning at the most Southerly
corner of said Lot; thence North on the Easterly line of said Lot, 21 feet; thence
Southwesterly in a straight line to a point on the Southwesterly line of said Lot
distant 20 feet Northwesterly measured along said line from the most Southerly
corner of said Lot; thence southeasterly along said Southwesterly line 20 feet to
the point of beginning;
All of Lot 2; and
All that part of Lot 3, lying Easterly of a straight line drawn across said Lot, which
line begins at a point in the Northerly line of said Lot, 3 feet Westerly measured
along said Northerly line from the Northeasterly corner of said Lot, and runs in a
straight line 235.3 feet to a point distant 21.8 feet Northwesterly from and at right
angles to the Easterly line of said Lot 3 and thence continues in the same
direction to the Southerly line of said Lot.
"Highwood Lake Minnetonka", Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of the Property
which has 0.42 acre in area and 103 feet in width at the ordinary high water level (hereinafter the
"OHWL") and 111 feet in width at the 75 -foot setback where 1.0 acre in area and 140 feet in width
are required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow a side street setback of 16 feet
for the new home and 20 feet for the in ground swimming pool where a 35 foot setback is required;
and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 475 b
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home
98 feet from OHWL and an in ground swimming pool 75 feet from the OHWL, both lakeward of
the average lakeshore setback line which is 141 feet from the OHWL; 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 a
conditional approval of the variances based on resolution of the issues listed within the staff report;
and
WHEREAS, on April 24, 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 #17-3917. 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 -113 Single Family Residential Zoning District.
3. The Property contains 0.42 acres in area and has a defined lot width of 111 feet at the
OHWL and 103 feet at the 75 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. Lot Area and Lot Width Variances.
b. Average Lakeshore Setback Variance.
c. Side Street Setback Variances.
CITY OF ORONO
RESOLUTION OFF THE CITY COUNCIL
NO. 7J U
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:
"Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The lot width and lot area variances are consistent with
the general intent of the Ordinance. The requested average lakeshore setback variance
is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation
and their lake views will not be impacted by the new home. The applicants are also the
owners of the adjacent lakeshore property. The side street setback variance requested for
the home and pool are reasonable considering the shape and buildable width of the
Property.
2. "Variances shall only be permitted .. . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of a single family
residence with a residential pool in a residential zone 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.
The request to permit construction of the home and pool in the proposed location,
within the side street setback and lakeward of the average lakeshore setback,
appears to be reasonable as the Property's triangular shape creates a difficulty,
and owners are also the owners of the adjacent.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The sub -standard size and shape of the Property were not the result of actions by
the landowner. The orientation of the Property, the shape of the Property, and the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 7 5 6
size of the Property combined with the curvature of the shoreline and North Shore
Drive result in almost no buildable area on the Property
c. The variance, if granted, will not alter the essential character of the locality."
The lot area and width variances will not alter the character of the neighborhood.
It does not appear that the average lakeshore setback variances to permit the new
home, pool, and elevated terrace will adversely impact views of the lake currently
enjoyed by the adjacent property owners. Additionally, the requested side street
setback variance for the home and pool offer greater separation from the right-of-
way than the current home.
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 and pool are allowed
uses in the LR -1 B 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 shape and size of the lot as well as its
orientation along the curve of North Shore Drive, and the curve of the shoreline create a
unique circumstance which is peculiar to the Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The shape and size of the lot as well as its orientation along the curve of
North Shore Drive, and the curve of the shoreline create a unique circumstance which is
peculiar to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this condition to be true.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
11
NO. 6750
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 and shape of the Property; its
position along the curve of North Shore Drive and location of the adjacent home to the
west create practical difficulties affecting the Property; the variances are necessary and
do not merely serve as a convenience to the owners.
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 Section 78-330 to allow redevelopment of the
Property which has 0.42 acre in area and 103 feet in width at the OHWL and 111 feet in width at
the 75 -foot setback where 1.0 acre in area and 140 feet in width are required; a variance to Orono
Municipal Zoning Code Section 78-330 to allow a side street setback of 16 feet for the new home
and 20 feet for the in ground swimming pool where a 35 foot setback is required; and a variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home 98 feet
from OHWL and an in ground swimming pool 75 feet from the OHWL, both lakeward of the
average lakeshore setback line which is 141 feet from the OHWL, subject to the following
conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey by W. Brown Land Surveying Inc., dated
03/24/2017, building plans, and landscape plans submitted by the Applicants and
annotated by City staff, attached to this Resolution as Exhibits A, B & C.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. 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 24, 2018).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.��U
ADOPTED by the Orono City Council on this 241' day of April, 2017.
ATTEST:
Anna Carlson, City Clerk
CITY OF ORONO:
PROPOSED SITE PLAN FOR:
VICKI SPLINTER
ZONING
LR -18 — Ons Family Lakeshore Residential — 1 Acre
Stormw.ter Oualily Owrloy District — Tier 1
EXISTING OT COVERAGE CALCULATION:
Lot Area Measured to OHW - 16,350 SF
COVERAGE,
House -904 SF
Detached Garage — 565 SF
Garage Aprm - 46 SF
Deck - 674 SF
Total - 2,409 SF
13.1%
PROPDa-cDLIOT COVERAGE CALCULATION'
Lot Area Measured to OHW - 16.360 SF
COVERAGE:
Garage w/ 2nd Floor Apartment - 1,540 SF
Drivewoy - -1,256 SF
Pod Tor.... w/ Steps - 1,216 SF
I"rile Edge Pod = 540 SF
Total = 4,554 SF
24.61:
25S Mll.imum Allowable Lot Coverage
PROPERTY DESCRIPTION:
Lots 1, e.c pt that part thereof bounded by aline beginning at
ebe moat Southerly corner of said Lot; thence North m the
Easterly line of sold Lot. 21 feet; thence Southwesterlyo m o
elroighl Ilne to a point on the Southwe.terly Me of said Lot
distant 20 real Northwesterly measured along said line nom the
m et Southerly tuner of sold Lot: thence $oulheosterly along
said Southwesterly line 20 test to the Point of beginning:
Ali of Lot 2; antl
All that part of Lot 3, lying Easterly of o straight line drawn
r
a said Lot. which line begins at o point the Northedy line
l said Lot. 3 feet Westerly measured along said Northerly line
horn the Northeasterly corner o1 said Lot, and runs m a straight
Me 235.3 feet to a point distant 21.6 feet Northwesterly from
and at rightog' to the Easterly line o1 said Lot 3 ontl thence
continues In the':- direction to the Southerly line of said Lot.
"Hlghwood Lake Mlnnetonko . Hennepin County, Minnesota
NOTES
bwming dmd
r
im.nslone o . ee....to the finished .ming
and not the baildmg taundatim.
—No search w.. made for eny easements.
— Thelocalim of .II aU9U...1, w are from either observed
.1d_ in the field one/o, from plane fumi—al by the utility
ompanies ane are
oppr im te. Utility c.mpanie, should be
notified for e..cilocation before doing cry e.cawtim.
Reso No. O
Exhibit A
#17-3917
SCALE IN FEET
A
/'T
r
e'O _ :ei'ir.yza
3 1
r21 -
bee, = ---
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LEGEND
Edge of Wood.
Proposed Silt Fence
Proposed Priwcy Fence
—. .
Fence
— — -GAS— —
— Underground Gas
®
Catch Bull,
O
Catch Bosin
pM-hal.
O
0
Gas Meter
0
Power Pole
rR6A.41
Well tobe Capped as Needed
Boulder Retaining Wall
��f?ntt
Timber Retaining Wall
Proposed Retaining Wall
•900.0
E.i.ting Elewtim
.(900.0)
Proposed Elewtion
.90O.OTC
top of Curb Elewtion
.900.OTW
Too of Wall El—tion
.900.0BW
Bodeen of Woll Elewtion
.--900---
E.isting Contour
X00—
Proposed Contour
•
Found Iron Mmument
O
set Iron Mm —1,
Insarlbed R.LS 15230
ZONING
LR -18 — Ons Family Lakeshore Residential — 1 Acre
Stormw.ter Oualily Owrloy District — Tier 1
EXISTING OT COVERAGE CALCULATION:
Lot Area Measured to OHW - 16,350 SF
COVERAGE,
House -904 SF
Detached Garage — 565 SF
Garage Aprm - 46 SF
Deck - 674 SF
Total - 2,409 SF
13.1%
PROPDa-cDLIOT COVERAGE CALCULATION'
Lot Area Measured to OHW - 16.360 SF
COVERAGE:
Garage w/ 2nd Floor Apartment - 1,540 SF
Drivewoy - -1,256 SF
Pod Tor.... w/ Steps - 1,216 SF
I"rile Edge Pod = 540 SF
Total = 4,554 SF
24.61:
25S Mll.imum Allowable Lot Coverage
PROPERTY DESCRIPTION:
Lots 1, e.c pt that part thereof bounded by aline beginning at
ebe moat Southerly corner of said Lot; thence North m the
Easterly line of sold Lot. 21 feet; thence Southwesterlyo m o
elroighl Ilne to a point on the Southwe.terly Me of said Lot
distant 20 real Northwesterly measured along said line nom the
m et Southerly tuner of sold Lot: thence $oulheosterly along
said Southwesterly line 20 test to the Point of beginning:
Ali of Lot 2; antl
All that part of Lot 3, lying Easterly of o straight line drawn
r
a said Lot. which line begins at o point the Northedy line
l said Lot. 3 feet Westerly measured along said Northerly line
horn the Northeasterly corner o1 said Lot, and runs m a straight
Me 235.3 feet to a point distant 21.6 feet Northwesterly from
and at rightog' to the Easterly line o1 said Lot 3 ontl thence
continues In the':- direction to the Southerly line of said Lot.
"Hlghwood Lake Mlnnetonko . Hennepin County, Minnesota
NOTES
bwming dmd
r
im.nslone o . ee....to the finished .ming
and not the baildmg taundatim.
—No search w.. made for eny easements.
— Thelocalim of .II aU9U...1, w are from either observed
.1d_ in the field one/o, from plane fumi—al by the utility
ompanies ane are
oppr im te. Utility c.mpanie, should be
notified for e..cilocation before doing cry e.cawtim.
Reso No. O
Exhibit A
#17-3917
SCALE IN FEET
A
/'T
r
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3 1
r21 -
bee, = ---
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Retaining Wall\�� TIAVNHy4 tuns
ovation � `\ ' ``�Q?. �'i`o•��� y�
_levation �` `� 956.9TD\ R�� p5•
'b Elevation %1d'
I Elevation NaRT11ERLr IDR OF Lm r
Wall Elevation
.86z.��\� i A CONNEe Or Lm z
,ntour 5)13
3ontour
931.
Monument "9613/ 0, 1 � I 1 33
onument
.L.S 15230
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3 point in the Northerly line
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r Southerly line of said Lot.
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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 24, 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 25h day of April, 2017.
(seal)