HomeMy WebLinkAboutResolution 6765Existing Certs
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Doc No T06455752
Certified, filed and/or recorded on
Jun 27, 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 120 Pkg ID 1567703M
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. 6 7 6 5
78-1468 A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279; 78-1466; 78-1468 & 78-1680
FILE NO. 17-3934
WHEREAS, on April 17, 2017, James Kirkland ("Applicant'), applied for variances
from the City Code for the property addressed 1955 Shoreline Drive and legally described as:
Attached as Exhibit A (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow a new monument sign
with a 15 square foot footprint to be located 60 feet from the ordinary high water level of Lake
Minnetonka where a 75 foot setback is required and where no hardcover is permitted; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Sections 78-1466 to permit 16 inches of ground clearance
between the sign copy area and grade where 20 inches is required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Sections 78-1468 to permit a new monument sign to be located
3 feet from the street property line where a 10 -foot setback is required; and
WHEREAS, on May 15, 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 May 15, 2017, the Planning Commission recommended approval
of the variances; and
WHEREAS, on June 12, 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6765
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3934. 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 B-2 Lakeshore Business Zoning District.
3. Applicant has applied for the following variance[s]:
a. Lake Setback Variance.
b. Hardcover within 75 feet of the Lake.
c. Street Setback Variance.
d. Ground Clearance for Sign Copy Area.
4. 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.
ANALYSIS:
"Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The variances requested are consistent with the general
intent of and are in harmony with the Ordinance. The lake setback and hardcover
variances are reasonable and necessary as the majority of the Property is within 75 -feet
of the lake. The signage is proposed as far from the lake as can be reasonable and still
be functional.
2. "Variances shall only be permitted .. . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction signage
supporting a marina within the commercial marina zone (B-2) 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 7 6 5
The request to permit construction of a sign within the lakeshore setback appears
to be reasonable. Also reasonable is that the sign proposed is low profile and will
result in a minimal handover increase. The area available to locate the sign is
narrow and the encroachment to the street setback is reasonable considering the
20 foot setback from the traveled roadway. The Owner's desire to keep the total
height of the sign low to the ground necessitates the reduction in the separation of
the sign copy area from grade. The required landscaping can still be
accommodated in the proposed 16 -inch separation.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The property owner purchased the marina after it had been developed and the site
layout is existing. The property owner did not create the circumstances.
c. The variance, if granted, will not alter the essential character of the locality. "
The requested variances will not alter the character of the neighborhood. The lake
setback and hardcover variances are reasonable and necessary as the most
logical location for the entry signage is near the rear and within the 75 -foot setback
of the lake. The low profile of the sign will allow for limited visual obstruction and
will require the sign copy area to be lower to the ground than the required 20
inches. The landscaping area surrounding the proposed sign will comply with the
Code.
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 signage is an allowed use in the
B-2 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6765
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The location and nature of the Property
necessitate the proximity to the lake. The need for identification, parking, and vehicle
maneuvering on the Property creates increased difficulties which drive the sign location
and improvements toward the road. To keep the improvement low to the ground the
required 20 inch separation from is reduced by 4 inches.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The marina property is generally unique in the immediate neighborhood.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." This statement is true.
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." This statement is
true.
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 of the Property; the proximity to
the lake and County Road 15; the need for site identification and access create practical
difficulties affecting the Property; the variances are necessary and 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 Sections 78-1279 and 78-1680 to allow a new
monument sign with a 15 square foot footprint to be located 60 feet from the ordinary high water
level of Lake Minnetonka where a 75 foot setback is required and where no hardcover is
permitted; and a variance to Orono Municipal Zoning Code Sections 78-1466 to permit 16 inches
of ground clearance between the sign copy area and grade where 20 inches is required; and a
variance to Orono Municipal Zoning Code Sections 78-1468 to permit a new monument sign to
be located 3 feet from the street property line where a 10 -foot setback is required in order to install
a new monument sign, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the approved site plan and signage plans submitted
by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B &
C.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6765
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 Applicant, but are
permissive only and must be exercised by obtaining a building sign permit for the new sign
and commencing construction. A footing inspection must be completed within one year of
the date of Council approval, or the variances will expire on that date (June 12, 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.
ADOPTED by the Orono City Council on this 12 day of June, 2017.
ATTEST:
Anna Carlson, City Clerk
CITY OF ORONO:
LU
Dennis Walsh, Mayor
Resolution No. 6 7 6 5
#17-3934
EXHIBIT A
Tract 1:
Par 1: That part of Government Lot 3, Section 10, Township 117, Range 23 described as follows:
Commencing at the intersection of the North line of Central Avenue in the Village of Crystal Bay, Minnesota
as shown in the Plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel to the
center line of paved Highway No. 7 and 33 feet Easterly at right angles therefrom; thence Northeasterly 42
Degrees 5 Minutes East along a line parallel to the center line of said paved Highway 120.5 feet to the point
of the beginning of the land to be described, thence South 57 Degrees 45 Minutes East 29.4 feet, thence
North 37 Degrees 50 Minutes East 130 feet to the intersection of the North line of Grand Avenue extended
Easterly, thence North 59 Degrees 45 Minutes West along said North line 18 feet to the intersection with
said parallel line above mentioned, thence Southwesterly along said parallel line South 42 Degrees 15
Minutes West a distance of 131.5 feet to the point of beginning.
Par 2: That part of Government Lot 3 and accretions thereto, Section 10, Township 117, Range 23
described as follows: Commencing at the intersection of the North line of Central Avenue as shown in the
plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel with the center line of
paved Highway Number 15 and 33 feet Easterly at right angles therefrom; thence North 42 degrees, 15
minutes East along a line parallel with the center line of said paved highway 120.5 feet; thence South 57
degrees 45 minutes East, 29.4 feet to the actual point of beginning of the land to be described; thence
South 57 degrees 45 minutes East to the shore of Lake Minnetonka; thence Easterly, Northeasterly,
Northerly and Northwesterly along said shore to its intersection with the North line of Grand Avenue as
shown on the plat of "Ora Park" On Lake Minnetonka extended Easterly; thence along said extended line
Northwesterly to its intersection with a line drawn North 37 degrees 50 minutes East, through the actual
point of beginning; thence South 37 degrees 50 minutes West—to—the actual point of beginning, according
to the Government Survey thereof.
Certificate of Title No. 816976
Tract 2:
Par 1: That part of Lake Street as shown in the plat of "Ora Park" on Lake Minnetonka described as
commencing at the intersection of the North line of Central Avenue in the City of Crystal Bay, Minnesota as
shown in the Plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel to the
center line of the paved Highway No. 7 and 33 feet Easterly at right angles therefrom, being the point of
beginning of the land to be described, thence Northeasterly 42 degrees, 15 minutes East along said parallel
line to the center line of said paved Highway 120.5 feet, thence South 57 degrees 45 minutes East a
distance of 29.4 feet, thence South 43 degrees 30 Minutes West 116 feet to the intersection with the North
line of Central Avenue extended, thence along said extended line North 68 degrees 27 minutes West a
distance of 27.8 feet to the point of beginning.
Par 2: That part of Government Lot 3, Section 10, Township 117, Range 23, described as commencing at
the intersection of the North line of Central Avenue in the Village of Crystal Bay, Minnesota, as shown on
the plat of "Ora Park" on Lake Minnetonka, extended Easterly with a line drawn parallel with the centerline
of paved Highway No. 15, formerly Highway No. 7, and 33 feet Easterly at right angles therefrom; thence
North 42 degrees 15 minutes East along said parallel line 120.5 feet; thence South 57 degrees 45 minutes
East a distance of 29.4 feet to the point of beginning of the land to be described; thence South 57 degrees
45 minutes East to the Shore of Lake Minnetonka; thence Southerly, Southeasterly and Northwesterly along
said shore to its intersection with the North line of Central Avenue extended; thence along said extended
line North 68 degrees 27 minutes West to an intersection with a line drawn South 43 degrees 30 minutes
West through the point of beginning, thence North 43 degrees 30 minutes East to a point of beginning,
according to the Government Survey thereof.
Certificate of Title No. 816977
Resol. No. 6 7 6 5
Exhibit B
#17-3934
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