HomeMy WebLinkAboutResolution 6752Existing Certs
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Doc No T05443752
Certified, filed and/or recorded on
May 12, 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 1547796M
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. 675I-
A RESOLUTION
GRANTING VARIANCES TO
ORONO MUNICIPAL ZONING CODE
SECTIONS 78-350,78-1279 AND 78-1680
FOR PROPERTY LOCATED AT
1920 FAGERNESS POINT ROAD
— FILE NO. 17-3915
WHEREAS, Charlie and Nora Daum (hereinafter the "Applicants") are owners of
the property located at 1920 Fagerness Point Road within the City of Orono (hereinafter the "City")
and legally described as follows:
That part of Lot 27, FAGERNES S, Hennepin County, Minnesota, lying northeasterly
of a line bearing South 34 degrees, 14 minutes East from a point on the northwesterly
line of said Lot distant 175 feet Northeasterly from the southwest corner thereof;
(hereinafter the "Property"); and
WHEREAS, on February 22, 2017 the Applicants made a complete application to
the City of Orono for variances to Orono Zoning Code Section 78-350 in order to construct a new
home on an existing lot of defined contiguous dry buildable area of 18,307 s.f. (0,42 acres) where
the minimum lot size requirement is 21,780 s.f. in area; and a variance to Section 78-350 to allow
said new home to located 18.1 feet from the street lot line where a setback of 30 feet is normally
required; and a variance to Section 78-1279 to allow said new home to be located 34.8 feet from
the shoreline of Lake Minnetonka where a setback of 75 feet is normally required; and a variance
to Section 78-1680 to allow hardcover associated with said new home to be located within 75 feet
of the OHWL where no such hardcover is normally allowed; and
WHEREAS, on March 20, 2017 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 March 20, 2017, the Planning Commission on a vote of 5-0
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.
Page 1 of 6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. A 7 T
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.
A2. The Property is located within the LR -1C Single Family Lakeshore Residential District
which normally requires a minimum lot area of 0.5 acres (21,780 s.f.) and a minimum lot
width of 100' for construction of a single family residence.
A3. The Property is 18,307 s.f. (0.42 acres) in contiguous dry buildable area and is
approximately 362 feet in width at the shoreline and 110 feet in width at the 75' setback
line.
A4. Proposed hardcover on the property is 3,715 s.f. or 17.65% Of the site, slightly below the
existing hardcover square footage and below the 25% for this Hardcover Tier 1 property,
but nearly all of the proposed hardcover is within 75 feet of the lake, requiring a variance.
Structural coverage is proposed at 11.8%, well below the 20% limit.
A5. The requested variances will allow the Applicants to completely replace the existing house,
which was built in 1971, with a new residence, in approximately the same footprint and
setbacks. The property is slightly under the 1/2 -acre lot size requirement and most of the
lot, including the house, is within the 0-75' setback where no structure or hardcover is
normally allowed. Although the lot is very wide with more than 300 feet of shoreline, a
lot area variance is required due to the northerly portion of the lot being wetland above the
929.4' contour.
A6. Proposed street setback for a majority of the house is 20-22' with an entry porch being
18.1' from the street lot line. The proposed street setback is slightly less than the existing
22' setback, which allows for greater setback from the lake while still allowing ample room
to park vehicles in the driveway without extending into the street. The lake setback is
proposed at 34.8' which is slightly greater than the 32' lake setback of the existing home.
AT The property is served by municipal sewer and water.
A8. The size, shape and orientation of the lot in relation to the lake makes it impossible to build
on the property without variances. Variances were granted in 1970 for the original
construction of a home on the lot, and an additional variance in 1981 allowed construction
of the existing attached garage. In 1991 a variance was granted for the existing second -
Page 2 of 6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 675
story deck located on the lake side of the house; a deck is not part of the new home
application, although a grade -level patio similar to the existing patio is proposed.
A9. A variance application was submitted in 2016 for addition of a second story above the
existing garage. Prior to Planning Commission review, that application was put on hold
(later withdrawn) when the Applicants and their builder concluded that drainage issues for
the existing house could not be resolved through remodeling. The current application, for
replacement of the existing house and garage in the same location as the existing, resolves
the drainage issues, and accomplishes the desired added living space, within virtually the
same footprint as the existing home.
A10. The new home with a full story above the garage will increase the livability of the property
while not increasing hardcover, and structural coverage is well below the limit for this site.
The close proximity to the lakeshore as well as the substandard setback to the street are
clearly a function of the lack of lot depth from the street to the lake, and this factor is shared
by the two adjacent homes to the immediate south.
Al 1. Applicants intend to save the existing trees on the lake side of the property, which provides
buffering of the fagade as viewed from the lake. The house across the street sits
significantly higher than Applicants' house, so that lake views enjoyed by that off -lake
owner (views which are not protected by code) will be minimally affected.
Al2. 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:
Bl. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . . " Single family residences are a permitted use within the
LR -IC zoning district.
B2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." The proposed residential principal structure is a residential use
which is consistent with the comprehensive plan guiding of this and surrounding
properties for residential use.
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:
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."
Page 3 of 6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 752 L
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 owner is proposing to use the property in a reasonable manner by replacing
the existing residence with a new residence of similar footprint, but the size of the lot is
below the minimum lot size standards of the Zoning Code. The plight of the property
owner is due to the existing substandard lot size and shape, and its proximity to the lake.
The lot is almost entirely within 75 feet of the OHWL of Lake Minnetonka where no
structure or hardcover is normally allowed The existing home was constructed in 1971
and the existing attached garage added in 1982 pursuant to variances granted by the
city. Replacement of the home other than exactly `in-kind' requires that new variances
be granted. All of these are circumstances that were not created by the property owner.
The character of the neighborhood is not likely to be significantly altered from
replacement of the residence in essentially the same location as the existing home. The
two adjacent homes to the immediate south are on similarly situated lots very near the
lake and are each two stories in height.
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 desire for additional living spaces, and the need to
solve an existing water problem due to the adjacent grades.
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 LR -1 C District.
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.
B8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The condition of having a lot that is mostly
within the 0-75' lakeshore setback zone is unique to this and the two adjacent properties to
the south which each have homes located on a narrow sliver of land between the street and
the lake. The vast majority of developed properties within the LR -IC district do not have
this condition.
Page 4 of 6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6�J
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The code standards applicable to this property apply to all other property
in the neighborhood However, most other properties in the the LR -1C district do not have
the limitations imposed by close proximity to Lake Minnetonka to which the Applicants'
property is subject.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The property owners wish to replace the existing
home in substantially the same location and footprint as the existing home, while
increasing the size of the home by adding second -story living space in the area of the
existing one-story garage. Absent the variances, the home cannot be replaced except in
kind, which would not solve the existing drainage issues nor allow for the desired additional
living space.
B 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 of the
requested variances would not impair health, safety, comfort or morals and would not be
contrary the intent of the zoning code.
B12. "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 alleviate a
practical difficulty created by the shape and location of the lot which cannot be resolved
except by the granting of variances.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Zoning Code Section 78-350 in order to construct a new home on an existing
lot of defined contiguous dry buildable area of 18,307 s.f. (0,42 acres) where the minimum lot size
requirement is 21,780 s.f. in area; and a variance to Section 78-350 to allow said new home to
located 18.1 feet from the street lot line where a setback of 30 feet is normally required; and a
variance to Section 78-1279 to allow said new home to be located 34.8 feet from the shoreline of
Lake Minnetonka where a setback of 75 feet is normally required; and a variance to Section 78-
1680 to allow hardcover associated with said new home to be located within 75 feet of the OHWL
where no such hardcover is normally allowed, subject to the following conditions:
1. Council approval is based on the survey, site plan and building plans submitted by the
Applicants, attached to this Resolution as Exhibit A. Hardcover on the property shall not
exceed the levels shown on the proposed hardcover worksheet attached as Exhibit B.
Page 5 of 6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. `
2. Authorities granted by this resolution run with the Property not with the Owner, but are
permissive only.
Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the zoning code.
Adopted by the Orono City Council on the 10th day of April, 2017.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 6 of 6
Extension of the northert�line of Lot 27, EAGERNESS, as monumented
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Adjacent Mouse /
AEV6ED:6/22/MI6
/ IEV6E0: 6/23/2016
V RMM 9/07/2016 oda
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Resolution
Exhibit A
RECEIVED
FEB 2 2 ZOV
CITY OF ORONO
l LAKE MINNETONK24
Woter Elevation 9/9/2016 = 929.2
/ /� Topography based on Edd sang data gathered by Demm cabrrid Lard swvgm, Y¢.
Aendnwk Tqs of sm nawYaab a Fagursgs lEia'AW at
I= ragmneas PL Ad &.6. • J;..11 AW
PROPOSED HARDCOVER (see calculation work sheet)
tap of SW tkVOW - Rr9ae.Shaws . AX9
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929.4 C.etaa
# 3915
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WASH. 9/15/21116
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That part of Lot 27, Fagemeas ging northeasterly of o line bearing
(ser xpnare OneevrerMaO WW: 2/17/2017 R°paed pdis t stoops
South 34 degrees 14 minutes East from a point on these northwesterly
(900.01 D.na., pa�apor.°.o .�'.
KVM 2/20/2017 Udalyig mid" abudm
line of sad lot distant 175 feet Northeasterly from the southwest carer thereof.
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6675 Washington Ave, So.�
-
LECY BROTHERS HOMES
Suite 209
Edina, NN 55439Darid
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Phone:(952) 767-0467
PROPOSED ADDITIONS
Fax: (952) 767-0490
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RECEVED
FEB 2 8 2017
CITY OF ORONO
Upper Love) Plan
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FEB 2 8 2017
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6752
City of Orono Resolution
11v� Hardcover Calculation Worksheet Exhibit B
Property Address: Lecy Bros. - Daum Residence -1920 Fagemess Point Road
'*• a* Prepared by: Demars Gabriel Land Surveyors, Inc Date: 2/07/2017
Stormwater Quality Overlay District Tier. (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER REVISED: 2/17/2017REVISED: 21212017
In the following table, identify all ite ns of proposed hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are
intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as
necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify
any features by letter which are split at the 75' setback line and calculate hardcover square footage Smtta-
seDarately for each Dortion. "VG .
Key to
SuryHardcover Item (Describe)
Length x Width
Tat(Sqa Feet
e Ga a
(24'x .
20 S.F.
A House and attachedgarage-
28.25' x 80'
2260
S.F.
B Covered entry
20'x 5'
100
S.F.
C Sidewak
30' x 4'
120
S.F.
D Patio with keystone at ed a)
(4x4)+(5x6)+(12x22)+(1 Ox 7
380
S.F.
E eway
30'x 23'
690
S.F.
F Conc St with keystone at e)
5X5
25
S.F.
G Conc St with ke ne at edge)
5 x 5
25
S.F.
H Existing Shed
115
S.F.
I
S.F.
S.F.
K
S.F.
L
S.F.
M
S.F.
N
S.F.
0
S.F.
P
S.F.
0
S.F.
R
S.F.
S
S.F.
T
S.F.
u
S.F.
V
S.F.
w
S.F.
x
S.F.
Y i
S.F.
Z I
S.F.
1 Total Proposed Hardcover
3715
S.F.
Exchrdable Hardcover See My Code Sec 71114684):
S.F.
S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover
n/a
S.F.
3 Net Proposed Hardcover Subtract One 2 from line 1
3715
S.F.
4 Total Lot Area
21044
S.F.
Proposed Hardcover Psrcerrtage i (3) +(4)]
17.65 %
"Previous, existing site hardcover = 17.69%
# 3915
RECEIVED
FEB 22 Zot/
CITY OF ORONO
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"' day of April, 2017.
City Clerk
(seal)