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Home My WebLink About#6749 - variances -2017 Doc No A10434112 Certified, filed and/or recorded on Apr 27, 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 1540997M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��Np CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � 749 ti� �� NO. l�kESH�4� A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTION 78-350 FOR PROPERTY LOCATED AT 3320 NAVARRE LANE —FILE NO. 17-3908 WHEREAS, Roman Z1�.�'. repr�.�Lntin� �UBE, ?n.c., a Minnesota corporation, (hereinafter the "Applicant") is owner of the prope;rty located at 3320 Navarre Lane within the City of Orono (hereinafter the"City") and legally described as follows: Lot 1,WILEY'S NAVARRE ADDITION, LAKE MINNETONKA, Hennepin Cou.nty,Minnesota (hereinafter the"property"); and WHEREAS, on February 23, 2017 the Applicant made a complete application to the City of Orono for variances to Orono Zoning Code Section 78-350 in order to be allowed the Tier 3 hardcover allowance of 35% for an existing lot of 7,136 s.f. in area and 47 feet in width where the minimum lot size requirements are 21,780 s.f. in area and 100 feet in width; and WI�REAS,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. 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 properly: FINDINGS OF FACT: A1. The analysis contained within staff inemos 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. Page 1 of 5 �`��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ye�'l �,� N�. � 7 4 J �kESHO�� 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 minimuxn lot width of 100' for construction of a single family residence. A3. The Property is 7,136 s.f. (0.16 acres)in area and 47 feet in defined width, and contains an existing single family residence which was constructed on the property in 2015, replacing an older home. This lot qualified for buildability without area and width variances under the Shoreland provisions of Zoning Code Section 78-72. However, a qualifier for taking advantage of the Shoreland ordinance was a hardcover Yimitation of 25%, and the new home meets that limitation at 24.8%. A4. The property is located within Storm Water Overlay District Tier 3 which normally allows 35%hardcover for conforming lots. In order for a nonconforming lot to qualify for the 35% hardcover allowance, lot area and width variances are required. A5. The owner wishes to be able to add certain hardcover amenities—in this case a deck of as yet undetermined size. In order to be able to exceed 25%up to the 35% limit, the lot area and width variances are required. No specific deck plans have been submitted, and once the area and width variances are granted, any additional hardcover will be limited to 35%. A6. The neighborhood consists of single family homes located on Olive Avenue,Navarre Lane and Bayview Place. In this neighborhood, approximately 20 homes are on single lots similar in size to the applicant's property, with another half-dozen or so on combined lots. The applicant's property had contained a single family residence for many decades before it was recently replaced with a new home. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. A7. 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 residences are a permitted use within the LR-1 C zoning distric� B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The residential principal structure and associated amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. Page 2 of 5 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �' J � 7 � y � NO. G j'�kssHo4�` 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 uinique 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 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, which is a result of the property being platted as part of the `Wiley's Navarre Addition Lake Minnetonka'subdivision in 1911, long before local zoning codes were ir� effect. The Wiley's Navarre Addition neighborhood (primarily fronting on Olive Avenue with just hvo on Navarre Lane) consists of lots typically 47-SS feet in width and ranging in depth from 90-I60 feet. Over time a majority of these lots have each been developed for individual homes, with few being combined A single family residence and associated amenities on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval deter»unation. 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 boazd 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 Distric� 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 lot area,lot width,setback,hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhooc� Page 3 of 5 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � y� �� No. b74 � l'�kESH�� 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 neighborhood; however, in order to be allowed the 35% hardcover that other developed similar sized lots are afforded, a variance to lot area and width is required B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial properly right of the applicant." The property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar-sized lots are allowec� 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 area and width variances would not impair health, safety, comfort or morals and would not be contrary 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 variances will alleviate a practical difficulty by allowing the property to be developed under the same hardcover and structural coverage allowances as other similar sized developed lots in the neighborhood 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 78-350 in order to be allowed the Tier 3 hardcover allowance of 35%for an existing lot of 7,136 s.f. in area and 47 feet in width where the minimum lot size requirements are 21,780 s.f. in area and 100 feet in width, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicant, attached to this Resolution as Exhibit A. Hardcover on the property shall not exceed 35%. Lot Coverage by structures on the property shall not exceed 2000 square feet. All new construction resulting from the granting of the area and width variances shall be in confornuty with setback and height requirements. 2. Authorities granted by this resolution run with the Property not with the Owner, but are pernussive only. Page 4 of 5 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � y� �� NO. { � � �� kFSHO�� 3. 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 l Oth day of April, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 5 of 5 � a � Call 48 Hours before digging � X ]� AS"B U I i�T G�RTI F I CATG GOPHER STATE ONE GALL � W Twin Cities Area 651-454-0002 �,Q �f��,\ MN. Toll Free 1-800-252-1166 C U�E I N C. o zo w Resolution 1 \\ � ` �"s � C�� t�9 T 1 '�_ / Exhibit A � � b ; r+:' \ � ° - SC�J.E ry�y�G� �`�oo i ` '`�� ` '�;�; "�'r" x� r�r �kBG� p1 i� , �• `"��`` ` /b �\ `\, / �` �+��+-�i, 0 ��n / / V' 1.tf !� o' / �•r_ \7 / �^•, � � � j -`j6,-�� / '.:;_ j+�� 3O�/'. / �,,,,:NDENOTES FWNO PROPERTY IRON � A�lk `�O__�`��-_''�� / l�� AS�y��,�i��, O DENOTES SET 1/2" X 18" REBAR � "�0� �� '�_--� b �� // ��i��'�i�'si�.�„i�� N7TH PLASTIC CAP �P15 25105" �b� �� / / / �_��O��i -96Y o�� NQ.�WaT i�l�'�'�,/•/ � DENOTES BWNDARY LINE ,�-'l� �l ,^�, �,� i � � � \�"► Ns) -.�' ��i�i:yl+'/,'`Nj,^e1 !.?`/ 1 - - DFIJOTES lOT UNE �� i� I � w°a'¢°� ��\9� ` � `�� 8;�i�N�i��iyi'"�i�A`i f'� d �. ------ DENOTES SETBACK UNE �:'�� I j / / /�X' � �Se.\� �8 'y". /��y i�i�i� ��/ / 9' m� �bs'�S �-999 -'DENOTES EXISTING CONTOUR LJNE ,;� � / \' � 1 1 ! i% � � ,��a'� �� i � / � nN� x999.99 DENOTES EXISIING SPOT ELEVATION ,��;`v� l� ,�0 I 1 l I �I \'�t `,h` -s e �� / i j � w� � �'�' Q DRIOTFS CANCRETE SURFACE y�b �i \ 1 I �`��/� �ss@ � � � J � 5; � � i ii qpb � r— DENOTES ORAINAGE FLOW � i �° � ��` �� ? � ` � � .,�� i ii�i� f� : , FFE DENOTES flNISH fLOOR ELEVATION ' i� i i C`�� °�1°'� J� -_ q-'oJ Ji�4q-�/ � aa � '�4 r q i � DENOTES DEqDUWS TREE %'� �� i 0 •�: ' � �/ \� � % e� � � i i l a�'i —o—DENOiES WIRE FENCE Y . � � p. y � � -_.�� ir i � �F y � � —o—DENOIES WOOD FENCE / i � � � '` ��j� ��Yti � -94�� j:� ;�1••y�' l i —pE—DEN07E5 OVERHEAD ELECTRIC � '� � i / � ' '�`�J? \ \ ~_ `"' i / a �p.� DENOiES ELECTRIC POWER POLE i� a j � i� �\ � ��`�� ------� j "��i E— DENO7ES GUY ANCHOR / � �,; / i.`~� � � i ��° � Oq \, -------7� a"�� 0 DENOTES MANHOLE / / � \ � �i , I y _�14'�—�_940—�� DENOlES RETAINING WALL / ! � ��, � � � !9 ; � .ry. q � � � u !'=F---- / (y) DENOTES MEASUREO DISTANCE / j�� d � ��'i ao ts � j \� O (P) DENOTES PLATTED DISTANCE �\ � �).� /°' ,( 'fl�" ' �� 9.. 1 �o �\'� � .`\ -0ppp DENOTES SILT FENCE n % � �S�?4 r i �i s`t?6, s�, � ��y , � 1 � �\` ��/ 7t%x.X TS OEN07E$ TOP OF CONC. STOOP/STEP � �y�° � i �� '� \ ' � � •�� O,p��y � � � �� %XX.%FC DENOTES BOT. OF CONC STOOP/S1EP � Q'r� ��/ / / � .��i�A �,� /. yµ.t7 �.�k�l-. � 1� � \�� DENOTES AS-BUILT GRADE � � � J � ,y�P � . . � Q � r 7(Xx.xx DENOTES ASBUILT SWALE ELEVATIONS � `�� / /% p�p 75�/ � � / / � � --9�3- 2,��.�' .� 9\ M � / � � 4" �d,^ • � i i � � i ��i ��- - �.. �0�`1."� � -9a2'-�- �WQ i i �'�� i � l a �� - Al �:. [;� � i i/� i �',i i / /� � i�� /�j I G ---- •?p�y�K' ��y.��l�a :+vyi.. �'V� � � �� iw�'�'a"�"'�/ /� '�i � I � � , �o p1� � �'� ,(�� i � / / / / 9' o� � (ao.p�63 j I j �p I i __- � se V � � ^� � / / / / w` a` : / / � 1 F�. i _ -- ^'�' �i \ � ; � � � 9' � ✓ I � .I`�� / �S� i / / / � q � � ' � ,�� '\ � / � i i ;��o�s °' � : b l�\\ ,�>" �'�' ,q'�/ � % i � ! � � � S °�' � l� �i i REGEIVED LEGAL DESCRIPTION HARDCOVER RFFERENCE BENCHMARK Lot 1,WILEY'S NAVARRE ADDITION,LAKE EXISTING HARDCOVER 0 SQ.FT. MNDOT MONUMENT'KEEFE MN053'NEAR AiJILDING SETBACKS AUG 0 5 2015 MINNETONKA.Hennapin County,Minnesota. PROPOSED HARDCOVER 1,767 SQ.FT. SOUTHEAST WING WALL OF ARCOLA ZONING:LR-1C-0NE FAMILY LNCESHORE RESIDENTIAL acxording W tlie recorded p�a�B�ereof• TOTAL LOT AREA 7.136 SQ.Ff. g�pr,E. EI.EVATION=943.01(NGVD 29 EXISTING HARDCOVER 0% DATUM) HOUSE: FRONT=25 FT CITY OF ORONO PROPOSED HARDCOVER 24.8% SIDE=7.5 FT(SUM OF SIDES NOT TO EXCEED 15 Fn REAR=30 FT ENCINE�IWG DF9GM&SURVEYWG �rr�iM o�u�v��wa a+�ra�uwou n�u�a"ii c°�a�rw .IOB WJAE CUBE INC. FlELD WORK DATE: 7/31/15 DRAWN 8Y: EP PROJECT NO.: th0.53 MW Waraoa ►W SW6 �� SwY.i✓e.r wna: e/osAa LOCATION: J320 INVAt�IE UNE o�FlCE:paal sas-2wo c�x:Oaal sss•swt FlEI.D BOOK NO.: FDS-tt CHECKm BY:VS SMEET N0. 1 OF 1 � �u�:iaFa��L�don WE�SITF:hnV://�ds�n.�sn w�oww awn�n�s wo.n�as o�o w+ssaat , 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. ��.� � �� City Clerk (seal) � ��,:: ;�,��s -:�.��M } �`��t ` �'1 � �� "� (� /� +� �: . =a� ,,�. •.'f, � ,, . .. ,, , , ;� ^,., �. ;.; �',.<t,,` ., �� , .+', ..� e��/tr+."� h'� � �'. , ` '.a . 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